Legal guidance and privacy statement

EUROPARK D.O.O.
Moskovska ulica 4
1000 Ljubljana
Slovenia
Phone number: +386 (0)2 320 82 10
Fax: +386 (0)2 320 82 11
E-mail address: marketing@europark.si 
Company registration number: 1483501
(hereinafter referred to as: “the Provider”)

Nazadnje posodobljeno 23. 5. 2018

1. Scope

1.1. The following conditions of use apply for the use of the online offer made available by the Provider on the domain www.europark.si (hereinafter referred to as: “the website”). These conditions of use set out the rules for the website, services, and content that the Provider makes available to users (or that users can make available through our service).
1.2. Point 5 specifies information on data protection and personal data processing for the users.
1.3. The information and data available on the website (hereinafter referred to as: “the content”) are of purely informative nature. By using the website and the content available, you become “a user” and agree to these conditions of use.
1.4. The Provider reserves the right to unilaterally change these conditions at any time. The Provider will publish the amended conditions of use on his website; thus, they are deemed to apply to users upon their publication. Currently applicable conditions of use and the date of last update are always available on the website. Recipients of the newsletter will be additionally informed of the changes by the Provider who will send them the amended conditions of use to the e-mail address they entered upon applying. Users can object to the amended conditions within 4 weeks; if they choose not to do so, the amended conditions are deemed to have been accepted.

2. Code of conduct for users

2.1. Users undertake to use the content of the Provider as intended, and to not misuse it; by using such content, users shall not act in a manner that is harmful, threatening or discriminating towards them or other users. It is prohibited to use the website and its content for illegal purposes. It is particularly prohibited to discriminate and humiliate others based on their faith, gender, racial or ethnical origin, sexual orientation, age, political opinion, and potential trade-union membership. Actions painting the Provider in a bad light are also prohibited.
2.2. The Provider reserves the right to delete information containing illegal content or being in contrast with decency and morality. In addition, the Provider also reserves the right to prevent access to content.
2.3. Users must protect available data as business secrets and protect them from unjustified access by third parties. If users forward available data to third parties, they are liable to the Provider for damages caused by it. Upon learning of the unjustified use of the content of this website, users must immediately inform the Provider about it.

3. Rights of use and copyright

3.1. The content available on the website is copyright-protected.
3.2. Unless stated otherwise (i.e. with a reference to the source), the Provider or the group subsidiary is the sole holder of the rights for all content used on the website, such as charts, pictures, images, and illustrations. Users can only use the content on the website for the purpose of personal notification. It is prohibited to change, reproduce, process, include or otherwise replicate the content without explicit prior written authorisation of the Provider.
3.3. If users make information available on their website (i.e. on a forum), the Provider is not held liable for potential claims made by third parties in relation to contributions made available by users. Users must protect the Provider from any potential claim or lawsuit.

4. Liability

4.1. For a comprehensive use of the contents of the website, the Provider recommends the use of newest technologies (web browsers) and the possibility to use them (i.e. activating JavaScripts). When using older technologies, the users will potentially only be able to use content in a limited scope.
4.2. The Provider is striving to update content and data on the website at all times so that they are always current, complete, and correct. However, the Provider will not be held liable for completeness, perfection, and timeliness of information and data available on the website; having the website correspond with the expectations of users is also not the responsibility of the Provider.
4.3. The Provider is not responsible for the content, information, and programs spread through the website, and will not be held liable for damages they may cause, unless the Provider caused such damage intentionally or due to serious misconduct. This applies for all types of damage arising during the use of the website, i.e. for damages that can be caused due to errors, delays or interruptions during transfer, technical device interference and repair interference, wrong or missing content, loss or deletion of data, viruses, or in any other way.
4.4. Regardless of these aforementioned disclaimers, the liability of the Provider is explicitly excluded for subsequent damage, loss of profit, loss of data, and financial damage.
4.5. The Provider recalls that he has no influence over the content and the design of related online offers (e.g. hyperlinks). The Provider is not responsible for the correctness, completeness and timeliness of related online offers. The Provider is also not responsible to ensure the absence of viruses or other harmful content on related online offers.

5. Personal data protection and processing

5.1. The provider and operator of the aforementioned websites within the meaning of the legislation on the protection of personal data is: [EUROPARK D.O.O., Šmartinska cesta 152g, 1000 Ljubljana. Phone number: +386 (0)2 320 82 10, e-mail address: market-ing@europark.si, company registration number: 1483501 As the operator in accordance with Article 4(7) of the GDPR, we define the information we collect from our users when they visit our websites, as well as the purposes for which we collect them, in this Privacy statement.
5.2. The Privacy statement defines for the user the type, scope, and purpose of processing personal data in the framework of our offer and related websites, functions, and content. The privacy statement applies regardless of the domains, systems, platforms, and de-vices used to access the offer. For the meaning of terms such as personal data, please refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
5.3. The users are not required to state their personal information when visiting our website. However, when accessing our website, an individual web browser transmits information on use such as date, time, name of the page(s) the user accessed, and shortened IP ad-dress of the user, and stores them in Server Logfiles. This data is only processed to en-sure an undisturbed functioning of the website and improving the offer; after that, they are deleted. This data does not enable to define the user.
5.4. [AV STUDIO d.o.o.] only processes user data by respecting the applicable personal data protection provisions. This means that they only process user data if there is a legal basis or authorisation to do so, and only do so for the purpose(s) the data were collected for.
5.5. Generally, we do not forward user personal data to third parties. Personal data will only be forwarded to them if this is an action necessary to fulfil the provisions of a contract, or if the user explicitly and voluntarily agreed to it. In rare exceptions, we base personal data processing on our justified legal interest (analysis, optimisation, and maintaining of the functionality and the safety of our online offer, measuring access, obtaining data of access to third party services and their use).
5.6. If using the content requires personal data to be stored (i.e. when signing in, participating in prize competitions or receiving newsletters), the data forwarded by the user will only be used to perform services used by the user. We only forward data to third parties in order to implement services. In such cases, the Provider shall ensure that data recipients are committed to following legal data protection requirements and are not using user data for their own purposes or for the purpose of advertising.
5.7. Users can sign up to receive newsletters by explicitly and actively agreeing to the terms of use and personal data protection provisions by choosing the “Double-Opt-In” proce-dure. When users sign up to receive newsletters, we immediately send them an e-mail asking them to confirm their e-mail address. It is only after receiving such confirmation that we accept stated data, insert them into the newsletter distributor, and process them. The legal basis to do so is obtaining consent according to article 6(1)(a) of the GDPR. You can opt out of receiving our newsletter by clicking to the link “Opt out” in the newsletter we sent you. We send our newsletter via the [AV – STUDIO d.o.o.] company which is our processor in the sense of Article 28 of the GDPR. The Provider entered into a suitable data processing contract with the processor; in this contract, the Provider mainly undertook to complying with provisions related to personal data protection.
5.8. In order for the data to always be accurate, users must immediately update the personal data they entered upon signing in when these personal data change, or inform the Pro-vider about it.
5.9. If you apply to participate in any of the prize contests on the website, your data (including contact data that you entered) will be processed for the purpose of implementing the prize contest in question. The legal basis to do so is performance of a contract according to article 6(1)(b) of the GDPR. When the prize competition is over, your data will be deleted after 3 months.
5.10. If you are buying Desetak gift vouchers via the Desetak online store on this website, your data will be processed for the purpose of performing an online store service. The legal basis to do so is performance of a contract according to article 6(1)(b) of the GDPR. Data processing is a prerequisite for buying the Desetak gift vouchers you requested from our website and for receiving them. For this purpose, we forward your information to the company [AV – STUDIO d.o.o.] acting as the processor. In addition to that, we also forward your data to the company Kompetentnost d.o.o. which is the sole provider of online store services and is also conducting cashless payment transactions, and to banks that carry out the payment processes. Upon the conclusion of the contract, we store your personal data until the end of relevant guarantee, suretyship, and limitation periods, as well as statutory retention period. In addition to that, we also use these data to resolve potential legal disputes where such data constitutes proof.
5.11. If you send us an application for employment that you initiated on your own, we will save the contact data and documents enclosed with the application in order for the Provider to be able to process it. We will not forward these data without your consent. We will delete your data no later than 6 months after the position has been filled or after we have received your application. If you agree for the application to stay on record, we will only delete the data when you withdraw your consent.
5.12. We perform organisational, contractual, and technical safety measures in accordance with state-of-the-art technology in order to ensure that regulatory legislations on data pro-tection are respected, and that data is protected from random or malicious manipulations, loss, destruction, or access of unauthorised persons. For safety purposes and in order to protect downloads, this website uses the SSL coding system. Users can identify a coded connection when the title bar of the website changes from http:// to https://. We process personal data communicated by users on the server of the company SPAR Business Services GmbH, Europastraße 3, 5015 Salzburg.
5.13. Users have the right to receive free-of-charge information on personal data we keep about them, on request. In addition to that, users have the right to rectify incorrect data, limit their use and deleting their personal data, as well as the right to lodge a complaint with the competent supervisory authority (information commissioner). Users can withdraw their consent with effect for the future. For this purpose, users can contact:
EUROPARK D.O.O.
Šmartinska cesta 152g, 1000 Ljubljana
02 / 320 82 10
marketing@europark.si
5.14. The duration of data storage depends on the duration of the contractual relationship, consents given by the user, and statutory retention period applicable for the Provider. We delete stored data if they are no longer necessary to achieve a certain purpose, and if legal retention requests are not opposed to deleting data.
5.15. We ask users of our website under the age of 16 to obtain the consent of their parent or legal guardian before they forward us their personal data via website. Without such con-sent, forwarding data is not admissible. If we receive data from persons under the age of 16, we will interrupt data processing of such data as soon as we become aware of that.
5.16. Upon using of this website, general data and information in anonymous form are obtained for statistical purposes (i.e. number of times accessed, number of downloads of certain documents, country of origin of the user). Statistics thus obtained serve to better adapt the website to the needs of users.

6. Cookies

6.1. When using the website, we use cookies, i.e. small text files that can be deleted and are stored on the computer of the user, enabling him to personalise content available on the website. The Provider uses cookies in order to ensure functionality, and to ameliorate the content of his website and adapt it to the needs of individual users. This is why the Pro-vider uses functional and essential cookies in several places throughout his website, i.e. in order to check the identity of users when accessing their user accounts, to recognise your browser and your settings, or to present certain services to the user in a friendlier manner. By continuing to use the website, users agree with our data protection guidelines from Point 5. The aforementioned cookies are obtained in a format that does not enable the individual to be identified, unless the user agrees with being identified. After the user is no longer using the website or, at the latest, 10 days after that, cookies are automati-cally deleted.
6.2. Using appropriate browser settings, the user can set for the cookies to only be accepted in certain cases, or refuse cookies entirely. For technical reasons, the use of the website or individual services can be disabled or limited if cookies are refused.

7. Google Analytics

7.1. The website uses Google Analytics, a web analysis tool by Google, Inc. Cookies are used to show website trends and to analyse its use. Using the setting “anonymise IP”, the IP addresses of users are only shown in anonymised format. Such data is impossible to link with an individual. If you wish to explicitly disable the use of Google Analytics in the future, click on the following link: https://tools.google.com/dlpage/gaoptout?hl=en

8. Final provisions

8.1. Slovenian substantive law is used for settling all legal disputes arising from the use of the website.
8.2. Settling all disputes directly or indirectly arising from the use of the website is the substantive jurisdiction of the court in Ljubljana, if this is in accordance with the law.
8.3. If individual provisions of the conditions of use are deemed invalid or become invalid, this does not affect the validity of other provisions.

State: 23. 5. 2018