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Terms of use and legal restrictions

Recitals and definition of terms:

ARTICLE 1

Posita.si services include all services offered by POŠTA SLOVENIJE d.o.o. and marketed under that or another brand or service name and are defined, described and accessible via the website www.posita.si (hereinafter: the services).

The service provider is POŠTA SLOVENIJE d.o.o., with the following company data:

– registered office and mail address: Slomškov trg 10, 2000 Maribor, Slovenia;

– registration number: 5881447000;

– VAT ID number: SI25028022;

– contact phone number: +386 (0)2 449 28 86;

– fax number: +386 (0)2 449 28 07

– contact email: cloudinfo@posta.si ,

(hereinafter: Service Provider)

The subscriber is a legal entity or natural person that orders the use of the services via the www.posita.si website or orders the use of the services in any other manner (hereinafter: Subscriber).

A user of the services is each legal entity or natural person that carries out a profit-making activity that uses the services or visits or uses the www.posita.si website, irrespective of whether or not they ordered the use of the services from the Service Provider (hereinafter: user).

Validity, acceptance and use of the General Terms and Conditions

ARTICLE 2

The provisions of these General Terms and Conditions define the conditions regulating the ordering process, rights of access, prices and rights and obligations applying to all of the Service Provider’s services ordered by a user. With regard to the specificity of each separate service, special terms and conditions (a separate document which is not a part of these General Terms and Conditions) may also apply, about which the user will be informed no later than upon ordering individual services to which special terms and conditions apply. Such special terms and conditions are binding on the user and are an integral part of the agreement between the Service Provider and the Subscriber.

These General Terms and Conditions shall also apply to users that use the services on the basis of an agreement or other relationship with a third party which is not the Service Provider and which has concluded an agreement with the Service Provider on the basis of which it grants the third party the right to grant its users the right to use the services. For such users, no subscription relationship shall be established between the Service Provider and the user upon the acceptance of these General Terms and Conditions or the use of the services, however such users shall nonetheless be obliged to adhere to the provisions of these General Terms and Conditions. In the event of a discrepancy between the provisions of these General Terms and Conditions and an agreement between a third party and users, the provisions of these General Terms and Conditions shall apply.

The user is aware and accepts the fact that for certain services the general terms and conditions or contractual provisions of third parties may apply in addition to these General Terms and Conditions. By using the services the user confirms that they accept the provisions of the general terms and conditions or contractual provisions of third parties in their entirety. Users will be informed of the application of general terms and conditions or contractual provisions at the time the order is submitted, before the beginning of use of the services. In these cases the Service Provider shall in no case be liable for the conduct of third parties with respect to the user.

The provisions of these General Terms and Conditions shall apply to all users, irrespective of whether they are legal entitles or natural persons that perform profit-making activities.

By using the Service Provider’s services or by visiting and using the www.posita.si website the user confirms that they are aware of the entire content of these General Terms and Conditions, that the provisions of these General Terms and Conditions are known to and understood by them in their entirety and that they accept them in their entirety.

The provisions of these General Terms and Conditions are an integral part of the subscription relationship regarding the use of services between the user and the Service Provider, and shall be directly applicable.

The price list for the Service Provider’s services, which is accessible at www.posita.si (hereinafter: price list) is an integral part of these General Terms and Conditions. By accepting these General Terms and Conditions the user confirms that they are aware of the price list in its entirety. The prices of services shall be charged according to the valid price list on the day the services are performed.

ARTICLE 3

The Service Provider reserves the right to change any of the provisions of these General Terms and Conditions and/or the price list at any time and without prior notification. The need to amend the provisions arises upon changes to legislation, changes to the technical conditions, etc.

The Service Provider is obliged to notify the user by email upon the amendment of any of the provisions of these General Terms and Conditions and/or the price list. The Subscriber shall be entitled to withdraw from their agreement with the Service Provider without a period of notice within 15 days of receipt of the Service Provider’s notification.

Amendments to the provisions of these General Terms and Conditions and/or the price list shall be binding on the user if they continue to use the services or visit and use the www.posita.si website after receiving the notification referred to in paragraph 2 of this Article.

Amendments to the provisions of these General Terms and Conditions and/or the price list shall be binding on the Subscriber if they do not cancel their subscription relationship with the Service Provider within 15 days of receipt of the notification. In such case the amendments shall be deemed to be binding as of the date of receipt of the notification via email.

Prices, charging for services, deadlines and payment methods

ARTICLE 4

The prices for the individual services can be seen in the price list.

All prices in the price list accessible at www.posita.si are expressed in euros (EUR) excluding value added tax (VAT), unless otherwise stated for an individual price or service.

ARTICLE 5

Payment for services is charged for the entire period of the duration of the subscription relationship between the Subscriber and the Service Provider, as defined in Article 8 of these General Terms and Conditions.

The accounting interval is one calendar day, unless explicitly stated otherwise for an individual service, and charging shall commence from the activation of the service onward. The day of the activation of the service shall be deemed the first accounting day. If the price of a service is listed in the price list as a monthly or annual price, the price per day shall be determined such that the amount of the monthly price shall be divided by the actual number of days in the accounting period.

When there are several possible configurations available for one service which have different prices (e.g. different numbers of processors on a server) and the Subscriber changes the configuration, the most expensive service selected by the Subscriber at any time during a calendar day shall be taken into consideration when charging for services for the entire calendar day on which changes were made.

The Service Provider shall issue an invoice to the Subscriber for the services once a month for services provided in the preceding month.

ARTICLE 6

The Subscriber shall pay the Service Provider for services within 15 days of the issuance of the invoice, unless a different payment deadline is determined in a separate agreement.

The Service Provider may at its own discretion demand at any time that the Subscriber pay for the ordered services in advance, via pro-forma invoice or in the form of an advance payment, for which the Service Provider shall issue the Subscriber an appropriate document. In such case the payment in advance shall be a condition for the commencement or further use of the services.

If the Subscriber falls into arrears in the payment of due liabilities, the Service Provider may demand that the user submit suitable collateral to cover the Service Provider’s receivables within a deadline set by the Service Provider. Should the Subscriber fail to submit the collateral within the established deadline, the Service Provider may make the further use of the services conditional on payment in advance, in accordance with the second paragraph of this Article, or may proceed in accordance with the sixth paragraph of this Article.

Irrespective of the Service Provider’s options arising from the preceding paragraphs of this Article, the Service Provider may in the case of arrears in payments extend the Subscriber an additional payment deadline, and at the same time notify it that if the liabilities are not settled within the extended deadline, the subscription relationship between the Service Provider and the Subscriber shall cease to be in effect in its entirety upon the expiry of that deadline.

In the case referred to in the preceding paragraph, the Service Provider shall be entitled to temporarily cancel access to the ordered services, with respect to the payments for which the Subscriber is in arrears. The Service Provider shall again offer the Subscriber unlimited use of the services no later than 48 hours after receipt of the Subscriber’s notification that the debt has been settled. In the case referred to in this paragraph, the Service Provider shall not be liable to the Subscriber for any damages incurred by the Subscriber.

The Subscriber agrees that the Service Provider may issue it invoices only in electronic form and send them to it via email or using means of electronic communication, unless otherwise agreed by the Subscriber and Service Provider.

If the Subscriber has outstanding due liabilities with respect to the Service Provider and orders and pays for new services, the Service Provider reserves the right to use the payment to settle the due liabilities and consequently not enable the use of the new ordered services.

Conclusion, duration and termination of subscription relationship or agreement

ARTICLE 7

Procedure for ordering services i.e. concluding a subscription relationship:

The Subscriber must register on the website before ordering services, whereby they must provide:

– data on the user: name and surname / name of company, address, registration number and tax or identification number,

– data on the user’s responsible person and contact persons.

After registering, the Subscriber shall select the desired services and confirm the General Terms and Conditions via the user interface on the website that allows the ordering of new services or the changing of already-existing services. After confirming the purchase, the Subscriber shall receive a notification from the Service Provider of the receipt and status of the order. After the Service Provider has reviewed the order and the Subscriber, the Subscriber shall receive a notification of approval of the order. Upon receipt of that notification, the subscription relationship between the Service Provider and the Subscriber regarding the purchase of new services or change to existing services shall be deemed to have been concluded. All notifications shall be sent via email.

Upon the concluding of a subscription relationship and payment of the subscription relationship liabilities, the Subscriber shall be entitled to use the selected services for its own purposes and for those persons for which it so determined upon registration or for which it is so determined in the price list (number of users or number of licences or similar definition) (hereinafter: Subscriber’s users).

The subscription relationship is concluded for an unlimited period of time, except when it is clear from the nature of the services that the services last for a limited period of time – in such case the subscription relationship is concluded for the duration of the services.

Subscription relationships can be concluded in Slovene or English with Subscribers whose registered offices are in EU Member States or Switzerland.

ARTICLE 8

The parties may cancel the subscription relationship with a 30-day period of notice at any time and without declaring the reason. After the expiry of the period of notice the Service Provider is no longer obliged to provide the services and shall not be liable for any damages incurred by the Subscriber owing to the cessation of the services provided.

If in the case of payment for services for a certain period of time the Subscriber terminates the subscription relationship prematurely, it shall not be entitled to reimbursement of already paid amounts, unless the termination is the consequence of a breach of the subscription obligations on the part of the Service Provider.

If the services include the storage of the Subscriber’s content on the Service Provider’s equipment, Subscribers that have settled all of their obligations with respect to the Service Provider shall be entitled to access to and transfer of that content within 30 days of the termination of the subscription relationship, in accordance with the provisions of these General Terms and Conditions (Article 12).

The Service Provider shall not be liable for loss of data during the 30-day period after denial of access after the termination of the subscription relationship if the Subscriber fails to provide suitable transfer of data, messages, documents or parcels during that time. The Subscriber shall be obliged to provide for the transfer of data, messages, documents or parcels from its user account in its repository after denial of access, and therefore shall also bear any liabilities thereby arising.

ARTICLE 9

The parties to the subscription relationship may withdraw from the subscription relationship at any time and without a period of notice with a written notification to the opposite party if the opposite party breaches the provisions of these General Terms and Conditions or causes the other party to incur damages even after a prior written warning. Should the opposite party not accept the notification of withdrawal from the subscription relationship, the subscription relationship shall be deemed to have ceased to be in effect on the 10th day after the notification was sent. Written notifications sent by email to the address provided by the Subscriber upon registration shall be deemed to be written notifications.

written notification referred to in the first paragraph of this Article shall include a description of the breach or error, which must be sufficiently accurate as to allow the opposite party to verify the statements and rectify the breach or error. The deadline by which the opposite party must rectify the breach shall be no more than eight (8) days.

If the Service Provider withdraws from the subscription relationship in the case referred to in the first paragraph of this Article, it shall not be liable to provide for the Subscriber’s use of the services that the latter may have paid for in advance, and shall not be liable to reimburse or pay compensation to the Subscriber for the unused part of the services.

The Service Provider may withdraw from the subscription relationship without a period of notice with a written notification if bankruptcy or composition proceedings or deletion from the court register without liquidation are initiated against the Subscriber or if voluntary or forced liquidation proceedings are initiated against the Subscriber, or if its transaction account is blocked or if enforcement or collateral are allowed against its property, or if it is clear that the debtor is overly indebted or insolvent, or if it is clear that the Subscriber will not be able to cover its assumed liabilities with respect to the Service Provider or to third parties.

Deadlines for the provision of services

ARTICLE 10

The Subscriber shall select the services it requires from among the services offered. A description is available of each service offered, in which the time period for the provision of the service is defined. In the event that no deadline is provided in the description of the service, the Service Provider shall carry out or provide the service within a deadline corresponding to customary deadlines within the profession for such types of services.

In the event of force majeure the deadlines for the provision of the services shall be extended for the duration of the force majeure, on the condition that the Service Provider notify the Subscriber of the appearance of force majeure as soon as possible.

If the cooperation of the Subscriber is urgently necessary or beneficial to the commencement of the provision, continuation or completion of the services by the Service Provider (e.g. approval of proposed solutions, reporting data, provision of key information for implementation, etc.) and the Subscriber misses an agreed deadline or fails to respond immediately to a request from the Service Provider, the Service Provider shall be entitled to extend all of the foreseen performance deadlines by a factor of three.

If a performance deadline is extended as referred to in the third paragraph of this Article and the Subscriber also fails to fulfil its cooperative obligations by the extended deadline, the Service Provider may at its own discretion continue the subscription relationship or withdraw from it without a period of notice.

Copyright and other intellectual property rights

ARTICLE 11

In concluding and implementing the subscription relationship with the Service Provider, the Subscriber shall not obtain any copyright or other rights to the computer programs (applications, modules, etc.) that are used in providing the services pursuant to or in connection with these General Terms and Conditions, irrespective of whether the Service Provider or a third party is the holder of the rights to those computer programs. This shall also apply in the event that such a computer program is created or modified at the behest of the Subscriber. The Subscriber shall receive only a limited-time right to use the computer programs referred to in this paragraph, in accordance with their economic purpose or in accordance with these General Terms and Conditions. The right of use referred to in this paragraph may last no more than the duration of the validity of the subscription relationship between the Subscriber and the Service Provider. The period of use of the Service Provider’s services for licences that are valid on several computers shall begin to elapse upon their installation on the first computer.

The Service Provider shall be entitled to indicate its authorship or holding of copyright or other rights at any time in a manner that it shall determine itself, which may include its logotype and a link to its website. The stated rights of the Service Provider may not be restricted by the fact that the Subscriber is paying for the Service Provider’s services. The Service Provider may at any time change the manner of indicating authorship or the holding of material copyrights. The Service Provider may not exercise its rights in a manner that would disproportionately interfere with the rights of the Subscriber.

When the Service Provider includes its existing copyright materials in the services provided to the Subscriber (e.g. programming code) or when it creates such copyright materials according to the instructions and wishes of the Subscriber, only those material copyrights to such copyright materials that are necessary shall be transferred to the Subscriber, and in the scope and duration that are necessary for the Subscriber to be able to use the services in accordance with their economic purpose.

All other material copyrights, moral copyrights and other copyrights that in accordance with the preceding paragraphs of this Article are not transferred to the Subscriber shall be reserved for the Service Provider or the third parties that are the holders of those rights.

The Subscriber is prohibited from interfering with, modifying or rearranging the copyright materials referred to in the preceding paragraphs of this Article, and from transferring the rights to those materials to third parties, without the express prior written consent of the Service Provider or an agreement between the Service Provider and the Subscriber.

The Subscriber shall not be entitled to access to the source code of the computer programs which are a part of the services between the parties or which support or enable their operation without the express prior written consent of the Service Provider or an agreement between the Service Provider and the Subscriber. They Subscriber shall also not be entitled to interfere with, modify or rearrange the source code, or to transfer or allow access to the source code to third parties.

If the services provided by the Service Provider include copyright materials that were provided by the Subscriber, the Subscriber shall guarantee the Service Provider that it has the appropriate material copyrights to those materials and shall indemnify the Service Provider for damages that the Service Provider might incur owing to the demands of third parties relating to those copyright materials.

Copyright protected documents (files) and programs for which the Subscriber has not obtained the corresponding rights may not be stored on the Service Provider’s hardware.

“Pošta Slovenije”, “Posita” and “Posita.si” are registered trademarks or services of the Service Provider or third parties. The Subscriber shall not acquire any rights to or arising from those trademarks through the concluding of a subscription relationship with the Service Provider. Violations are punishable; the Service Provider will prosecute all violations to the fullest possible extent.

Access to data and transfer of content to third parties

ARTICLE 12

If the subject of the subscription relationship or the special terms and conditions between the Service Provider and the Subscriber is services that include the storage of content provided by the Subscriber, on the Service Provider’s equipment, the Subscriber may, in accordance with the other provisions of these General Terms and Conditions (e.g. with respect to the settlement of due liabilities), have access to that content at any time and make copies thereof.

The provisions of the first paragraph of this Article shall apply throughout the duration of the subscription relationship and a further 30 days after its cessation. After the expiry of that period and after prior notification from the Subscriber, the Service Provider shall permanently delete the content provided to the Subscriber and located on the Service Provider’s equipment. In such case the Subscriber may not exercise any claims against the Service Provider.

If the subject of the subscription relationship between the Service Provider and the Subscriber is the services referred to in the first paragraph of this Article, and the Subscriber decides to transfer them to a third party, the Service Provider shall carry out that transfer only upon the simultaneous fulfilment of the following conditions:

• the Subscriber has settled all of its due liabilities to the Service Provider, including any interest, costs of reminders, costs of recovery and other costs in the event of arrears;

• the third-party hardware, application and systems software satisfies the technical requirements for transfer; in case of doubt the Service Provider may demand a written statement in reference to the above from the Subscriber and from a third party;

• the Subscriber has covered the expected transfer costs in advance, in accordance with the Service Provider’s price list valid at that time, pursuant to an invoice previously issued by the Service Provider.

Irrespective of the third paragraph of this Article, the Service Provider may at its own discretion refuse the transfer of content to a third party (foreign user of data and/or foreign data administrator and/or foreign contracted data processor), if the content would thereby be removed to a third country (i.e. a country that is not a European Union (EU) Member State or Switzerland).

In the event that content is transferred to a third country (i.e. a country that is not a member of the EU or Switzerland), the Subscriber shall be exclusively responsible for that transfer; the Service Provider appears in this transaction solely as the actual conductor of the transfer, pursuant to an order from the Subscriber, and shall in no case be liable for the legality of the transfer of data to a third country.

User support and communications

ARTICLE 13

Technical support from the Service Provider shall be available to users on working days (from Monday to Friday, except days which are defined by law as state holidays or as work-free days) from 8 am to 4 pm. Technical support shall be limited solely to technical issues with respect to the operation of the Service Provider’s services and the rectification of any errors or difficulties in the use of the services.

When the Subscriber issues a request for technical support, the Service Provider is obliged to take into account only requests for support issued in accordance with the first paragraph of this Article, from the Subscriber’s contact email as provided upon registration, or from the contact persons listed upon registration.

The provision of support may be provided at the Service Provider’s discretion in certain cases or to a certain extent only to Subscribers, i.e. it may be conditioned or limited to a certain type of subscription relationship.

In certain cases, about which users shall be explicitly notified in advance, support may be provided against payment, in accordance with the Service Provider’s price list valid at that time.

Rights and obligations of the Service Provider, restrictions for users

ARTICLE 14

The user is aware of and accepts the fact that the operation of some of the Service Provider’s services depends to a great extent on the general condition and operation of the telecommunications networks and on the users’ possibilities of access, and on the conditions of access to those networks. The Service Provider will strive with due diligence to provide the uninterrupted and undisturbed operation of the services, however it shall assume no warranties or guarantees in connection therewith.

ARTICLE 15

In the event of a planned suspension of services lasting longer than 2 hours, the Subscriber shall be informed by email or via the www.posita.si website no less than 24 hours before the planned intervention.

ARTICLE 16

The user undertakes not to transfer or install any harmful content on the Service Provider’s equipment, as well as:

• malicious scripts and data that contains such scripts or programs (viruses, Trojan horses, etc.);

• scripts and content that mislead users (phishing sites) or are otherwise contrary to current legislation;

• pornographic or violent content, documents that contain hateful, offensive or other prohibited speech or content;

• content for which the user does not have the corresponding copyrights or other rights.

The Service Provider may demand that the Subscriber remove content or in any other way temporarily or permanently limit or prevent access to that content, if said content could be disputable or damaging to the Service Provider or contrary to these General Terms and Conditions.

The Service Provider shall be entitled to exclude the use of any scripts and applications that overload its equipment, constitute a security threat or threaten the stability of the operation of its equipment. Repeated exclusions may have the consequence of temporary suspension of the right to create scripts and applications, and in the worst case even temporary or permanent disconnection of services and cancellation of the subscription relationship.

In the event of obvious intentional or repeated (more than twice) unintentional breaches of the provisions of these General Terms and Conditions, the user shall be obliged to pay the Service Provider a contractual penalty of EUR 1,000.00 for each individual breach, irrespective of the existence and amount of damage caused. If the actual damages incurred exceed the amount of the contractual penalty, the user shall pay the difference up to the full amount of the damages in addition to the contractual penalty.

Exclusion and restriction of Service Provider’s liability and liability of the user

ARTICLE 17

The Service Provider shall not be liable for damages incurred by the user during the use of or in connection with its services, if the damages are directly or indirectly the consequence of:

• the conduct of the user or persons to whom the user is responsible or that operate pursuant to an authorisation from the user (which can also arise from the relation between them and the user, e.g. the user’s employees) or otherwise in the user’s interest;

• the conduct of third parties, including persons who by themselves or together with the Service Provider provide the operation of individual services or parts of services;

• force majeure; force majeure shall include events that could not be foreseen by the Service Provider upon the concluding of the subscription relationship and which or the consequences of which could also not be avoided; force majeure shall for example, but not exclusively, include floods, war, extraordinary conditions, demonstrations, cases of civil disobedience, measures of state or local authorities, fire, earthquake, strikes, production stoppages, traffic jams and other cases recognised in judicial practice in the Republic of Slovenia. The user explicitly agrees that force majeure shall also include long-lasting interruptions of supply or disturbances in the supply of electricity, unforeseen defects in hardware or software, failure of the telecommunications network or disturbance in access thereto, technical difficulties of providers of goods and services needed or used by the Service Provider; these events shall be deemed force majeure, even if they arise in the Service Provider’s sphere.

The Service Provider shall in no case be liable for any indirect damage and lost profits.

In each case the Service Provider’s liability for damages pursuant to these General Terms and Conditions or for damages as a consequence of the use or inability to use the services shall be limited to the amount that the Subscriber actually paid the Service Provider in the preceding year before the appearance of the loss event on the basis of the concluding of a subscription relationship. For users that are not Subscribers, the Service Provider’s liability for damages shall be limited to EUR 1,000.00.

The Service Provider shall in no case be liable for loss of, damages to or changes to a user’s content which is stored on the Service Provider’s equipment.

The Service Provider shall in no case be liable for damages incurred by the user owing to infection with viruses or other malicious code or owing to a penetration of a computer or information system.

The user shall be solely liable for the creation and storage of backup copies of its data which is located on the Service Provider’s servers, unless explicitly otherwise agreed in the subscription relationship between them and the Service Provider or if server backup is the subject of an agreement between them and the Service Provider.

Users that cause the Service Provider or third parties to incur damage while using the services shall be obliged to pay compensation according to the General Rules on Liability for Damages. The sending of data necessary for the demanding of compensation to the injured party or its authorised person, a court of law or other competent authority by the Service Provider shall not be deemed a violation of the user’s trade secrets.

Rights and obligations of the user

ARTICLE 18

If changes occur to the data that the Subscriber stated upon registration or upon ordering services, they shall be obliged to notify the Service Provider about the change to the data in writing within 8 days of the appearance of the change. In addition to the notification to the Service Provider, the Subscriber is obliged to change the data in the services provided by the Service Provider and where this is possible. The Subscriber shall bear all unfavourable consequences of failure to send notification of changes to data, even in the case that the deadline referred to in the preceding paragraph has not yet expired.

ARTICLE 19

Users shall be responsible for the confidentiality, protection and use of passwords, user names and other data used to access the services for themselves and for the Subscriber’s users. The Subscriber shall be liable for the content of the services which it offers and for which it uses the Service Provider’s equipment.

Subscribers shall be liable for the conduct of the Subscriber’s users as well as their own conduct.

Mass emailing (spam)

ARTICLE 20

Restrictions regarding the sending of emails (inbox size, maximum attachment size) are given in the descriptions of the individual services on the www.posita.si website.

Mass emailing to the addresses of recipients who have not approved it in advance, or sending contrary to current legislation is explicitly prohibited and shall constitute a serious breach of the General Terms and Conditions, which may have as a consequence the immediate cancellation of the subscription relationship without a period of notice and immediate termination of services.

In the event of a breach of the provisions of the second paragraph of this Article, the Subscriber, which is also liable for the Subscriber’s users, shall be obliged to pay a contractual penalty for each breach as set out in Article 16 of these General Terms and Conditions.

The user is aware of the fact that in the event of the use of services contrary to the current legislation the Service Provider shall cooperate fully with the competent state authorities.

Unless otherwise determined in the description of an individual service on the www.posita.si website, the following restrictions shall apply to the sending of emails:

• the largest permissible number of recipients to whom an email message can be sent when using the services is 50;

• if the number of recipients to whom an email message is sent when using the services is more than 50, a delay shall be used such that at least 5 seconds elapse between the sending of the email message to one recipient and the sending of the email message to the next recipient.

Protection of trade secrets and data

ARTICLE 21

The Service Provider and the Subscriber undertake to protect as a trade secret all data on the other party which they obtain through or in connection with their business cooperation, throughout the period of cooperation and for at least three (3) years after the cessation of the validity of the subscription relationship.

Irrespective of the provision set out in the first paragraph of this Article, the Service Provider may publish and use as a reference the fact of its cooperation with the Subscriber and the subject of the cooperation (the services), however in doing so it may not disclose any other details about the subscription relationship itself or about the contractual conditions.

The parties may not alone or with other parties use the information deemed to be a trade secret in accordance with the first paragraph of this Article for purposes outside the subscription relationship, and may not disseminate it to third parties or allow them to become familiar with it. The prohibition on disseminating information to third parties shall not apply to the Service Provider when and to the extent that it is necessary in order to provide the services with respect to the concluded subscription relationship.

Informing users and purpose of data processing

ARTICLE 22

Users that decide to receive e-notifications from the Service Provider or other electronic messages from the Service Provider or third parties agree that the Service Provider or a third party may send them email notifications relating to the operation of the services and their capacities, new features of the services, amendments to these General Terms and Conditions, sales and discounts on the use of services and other messages relating to the services. Users agree that these notifications may contain commercial messages (advertisements) for the Service Provider or third parties.

Users that decide to receive e-notifications from the Service Provider or other electronic messages from the Service Provider or third parties agree that the Service Provider shall send these notifications or other electronic messages to the email address that they stated upon registration, and that it shall store and process user data in the manner defined in this Article.

Users are aware and agree that with regard to sent email notifications the Service Provider may collect data on which users read a certain email message and what links in the message they opened (clicked on). Users agree that the Service Provider may use the data so obtained to adapt their range of services and/or the content of future email notifications sent to certain users.

Users agree that the Service Provider may use all data it collects within the framework of the provision of the services for the user for its own purposes without restriction, including market analyses and adapting their own products and services to the findings of the analyses and for disseminating that data to third parties either against payment or free of charge.

The Subscriber explicitly allows the Service Provider to send information, notifications and questionnaires which are directly or indirectly connected with the Service Provider’s services, to the Subscriber’s email address throughout the duration of the subscription relationship, until cessation or unsubscribing from receiving such types of notifications.

Protection of personal data

ARTICLE 23

Users agree that the Service Provider shall for the purposes of its operations collect and process the personal data of their contact persons who communicate with the Service Provider regarding the services.

The parties undertake to protect the personal data of employees and external contractors of the opposite party which they obtain through implementing that subscription relationship or in connection therewith in accordance with the Personal Data Protection Act (ZVOP-1).

The Subscriber shall in the event that they are considered an administrator of personal data (i.e. a person who alone or together with others determines the purposes and means of processing personal data), be obliged to protect the personal data in accordance with European and Slovenian legislation (including the Personal Data Protection Act (ZVOP-1)). The procedures, measures and conditions for providing the protection of personal data and preventing its unauthorised processing shall be defined in greater detail in the rules or the by-law governing the protection of personal data in effect at the Subscriber.

Contractual processing of personal data

ARTICLE 24

Since in the provision of the services the Service Provider will have access to personal data for which the Subscriber is considered the administrator of the personal data database in the sense of the provisions of the Personal Data Protection Act (hereinafter: ZVOP-1), and the Service Provider is considered the contractual processor and since it is the obligation of the parties pursuant to the ZVOP-1 to regulate issues of contractual processing of personal data through a written agreement, the Service Provider and the Subscriber through the provisions of this Article also regulate in writing their mutual relations with respect to the Subscriber’s obligations pursuant to the ZVOP-1.

The conditions and measures for providing the protection of personal data and preventing its unauthorised processing shall be defined in greater detail in the rules or the by-law governing the protection of personal data in effect at the Service Provider.

The Subscriber shall be entitled to verify the correctness of the implementation of the protection and processing of personal data by the Service Provider pursuant to the provisions of the ZVOP-1. In the event of a request for an inspection of the facilities and equipment at which the personal data is processed, the Subscriber shall announce the inspection in the request no less than 8 working days in advance, and the inspection can be carried out only in the presence of an authorised person from the Service Provider and in the manner defined in the Service Provider’s House Rules and Security Policy, that the Service Provider’s trade secrets and other sensitive data are protected during the supervision.

The person responsible for the supervision pursuant to the fourth paragraph of this Article is the legal representative of the Subscriber or his/her authorised person, which shall be demonstrated through authorisations and personal documents.

The Service Provider may operate services of processing personal data only within the framework of the Subscriber’s authorisations. The Service Provider may not process or otherwise use personal data for any purpose other than the purpose of carrying out and providing the services.

Unless otherwise determined in these General Terms and Conditions or a separate agreement, the Service Provider shall not use the personal data obtained within the framework of the carrying out of the services for the Subscriber for the purpose of direct marketing on its own behalf and for its own account or on behalf and for the account of third parties.

In the event of the cessation of the subscription relationship or also during its duration, the Service Provider shall be obliged on the basis of the Subscriber’s request to hand over the personal data that it contractually processed to the Subscriber without delay, and to immediately permanently and efficiently delete any copies. If a Subscriber’s request during the duration of the subscription relationship makes it impossible for the Service Provider to effectively provide services in accordance with the agreement, the Service Provider may withdraw from the subscription relationship without warning and without a period of notice.

Protection of personal data

ARTICLE 25

The Service Provider declares that it has a procedure in place for carrying out the services pursuant to these General Terms and Conditions and measures for the protection of personal data in the Rules on the Protection of Personal Data of Pošta Slovenije in connection with the first paragraph of Article 25 of the ZVOP-1. The Rules referred to in the first paragraph of this Article define the protection of personal data including legal, organisational, technical and logical-technical procedures and measures taken at the Service Provider to protect personal data, to prevent the accidental or intentional unauthorised destruction of data, the modification or loss of data, and the unauthorised processing of data in order to:

• protect premises, equipment and systems software,

• protect software used to process personal data,

• ensure the safe dissemination and transfer of personal data,

• prevent access by unauthorised persons to the equipment on which personal data is processed, and to their databases,

• enable the subsequent determination of when particular personal data was used and entered in the database and by whom, for the period for which the particular data is stored.

Cookies

ARTICLE 26

In order to provide a positive user experience, the website uses cookies. The following cookies are used:

- a cookie for storing priority settings and monitoring activity on the page;

- cookies for analytical purposes.

The Subscriber shall either allow or reject the setting of cookies, and their selection can be subsequently changed. A detailed description of the procedure for accepting/rejecting cookies and a precise description of the cookies themselves are available on the Service Provider’s website.

Final provisions

ARTICLE 27

Where these General Terms and Conditions specify that an item must be in writing and it is not explicitly otherwise defined, registered mail shall be required, addressed to the opposite party’s address given upon registration or which the party subsequently reported to the other party in accordance with these General Terms and Conditions. In all other cases email messages sent to the address given upon registration or the email address which a party subsequently reported to the other party in accordance with these General Terms and Conditions shall suffice for valid communication between the parties.

A message shall be deemed to have been received when the opposite party receives it. A message shall be deemed to have been received even if the opposite party has not received it but the sending party can prove that it sent the message in accordance with the first paragraph of this Article:

- if the Subscriber has its registered office or residence in the Republic of Slovenia, the message shall be deemed to have been received on the second day after the day it is sent;

- if the Subscriber has its registered office or residence in a European Union Member State or Switzerland, the message shall be deemed to have been received on the fifth day after the day it is sent;

- in all other cases the message shall be deemed to have been received on the tenth day after the day it is sent.

The parties to the subscription relationship, especially in the case of a large number of subscriptions which exceed the value of EUR 10,000 per month, may agree on the mutual rights and obligations governed by these General Terms and Conditions otherwise in a separate agreement. In the event of the concluding of a separate agreement, these General Terms and Conditions shall apply unless explicitly otherwise determined in the separate agreement.

The relationship between the Service Provider and the Subscriber shall be adjudicated according to the law of the Republic of Slovenia, without application of the rules on private international law and procedure. In the event of a dispute between the parties, the court with subject-matter jurisdiction over the Service Provider’s current registered office shall be competent to settle the dispute.

These General Terms and Conditions shall enter into force on 1 October 2014.