Homeschooling (školovanje kod kuće: dobra opcija ili nužno zlo?

TERMS AND CONDITIONS OF USE

 

1. Introduction

 
These Terms and Conditions of Use regulate the rights and obligations regarding the use of EduCentar portal on the website www.educentar.net (hereinafter: EduCentar or Portal) owned by the company TAU ON-LINE d.o.o. for informatics, Zagreb, Strojarska cesta 20, PIN 14273924910, (hereinafter: Company).
 
Terms and Conditions of Use, as well as all the amendments thereof that might follow, will be in effect from the day when they are published on the website of the Portal; they represent an integral part of every contract, whether oral or written, concluded between the Company and the User and are binding for every natural and legal person using the website www.educentar.net.
 
Any use of the entire Portal or any of its parts that is not in accordance with the Terms and Conditions of Use will be considered misuse of the service provided by the Company and infringement of the Terms and Conditions of Use.
 
The Company reserves the right to alter and remove (temporarily or permanently) any element of the Portal, as well as any content or input, regardless of the author and without prior consent or notification, applying good business practices.
 

2. Definitions

 
EDUCENTAR is the name of the web portal intended for data exchange between legal and/or natural persons regarding the offer of the Clients’ educational programmes on the one hand and finding appropriate educational courses for the User on the other hand.
 
CLIENT is a term that includes any natural and/or legal person that uses the EduCentar website to advertise educational programmes to Users who wish to attend educational courses.
 
USER is a term that includes any natural person that uses the EduCentar website to find appropriate educational courses.
 
PERSONAL DATA includes any information referring to an identified or identifiable natural person, which are protected in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Act on Implementation of the General Data Protection Regulation.
 
PRICE LIST represents the price list sent to the Client as part of the offer.
 
GDPR pertains to the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
 
CONTROLLER is a natural or legal person that determines the purposes and means of personal data processing.
 
PROCESSOR is a natural or legal person that processes personal data on behalf of the Controller.
 

3. Provisions pertaining to Clients

 
To use EduCentar, the Client is obligated to register by making a user account.
 
Registered Clients can publish advertisements for educational courses at any time, as well as subsequently amend them in agreement with EduCentar’s advisers.
 
The service of publishing advertisements is charged in the intervals which are in accordance with the offer sent to and accepted by the Client.
 
The Company reserves the right to delete any texts with inappropriate, insulting or discriminatory content that is in violation of the Constitution of the Republic of Croatia, applicable mandatory regulations and rules of morality. If the Client does not abide by mandatory legal regulations, the Company reserves the right not to publish a single advertisement or all advertisements by said Client. The Company also reserves the right to alter advertisements in the sense of correcting of spelling mistakes and structure of the advertisement content.
 

4. Responsibility for data accuracy and damage liability

 
The Company is neither responsible for nor does it guarantee the accuracy of available Personal Data, contact details, qualifications, characteristics or any other data that Users provide when leaving their personal data in order for the Clients to contact them and provide information related to educational programmes.
 
The Company is not liable to Clients or Users for any kind of damage and, in that sense, by using EduCentar, Clients and Users waive the right to damage claims for any sort of damage, be it property or non-property, which could be caused to them through the misuse of erroneous data by Clients, Users or third parties.
 
The Company is not responsible for possible temporary unavailability of the Portal nor for the partial or total non-functioning or malfunctioning of the Portal. The Company is not responsible for any technical difficulties that may lead to late and/or erroneous processing of electronic data. Internet and telecommunications service providers are responsible for all of the above.
 
The Portal may be temporarily unavailable or available in limited capacity as a result of regular or extraordinary maintenance of the system or in case of system updates.
 
Clients who misuse or unauthorizedly disclose access information for their user account to third parties that do not have the relevant authorisation are liable for any damage arising from an unauthorised access to a user account, either to the Company or to other legal or natural persons whose personal data they have misused.
 

5. Copyright

 
For the territory of the Republic of Croatia, the Company holds exclusive copyright and intellectual property rights over the Portal, and over all individual elements it is made up of, such as: name, domain, text, visual and audio elements, visual identity, data and databases, source code and other elements of the Portal, the author of which is the Company.
 
Unauthorised use of any part of the Portal or of the Portal as a whole, without explicit prior written consent of the Company as the holder of exclusive copyright, shall be considered an infringement of the Company’s copyright and is subject to initiation of court proceedings in accordance with applicable regulations of the Republic of Croatia.
 
The Portal may also contain elements over which third parties hold exclusive copyright and other intellectual property rights, such as the content uploaded by Users of the Portal, business partners, advertisers, as well as free content. Third parties have exclusive responsibility for the content over which they hold the aforementioned rights, regardless of the fact that said content can be found on the Portal of the Company.
 
By uploading content to the Portal, the User consents to having said content made visible to every visitor of the Portal, on the conditions and in the manner described in these Terms and Conditions of Use. Transferring content or part of content from any part of the Portal is allowed only with explicit prior written consent of the Company, with a note indicating that the content was taken from the Portal and with the addition of the appropriate link leading to the part of the Portal from which the content was taken. The Company is exclusively liable only for the content over which it holds the copyright and/or intellectual property rights.
 
Every User of the Portal is solely responsible for the content on which he/she holds the copyright, i.e. for the content he/she has independently uploaded to and made publicly available on the Portal.
 

6. Protection and processing of personal data

 
In accordance with the General Data Protection Regulation (GDPR), the Company is considered to be the Processor in the collection of personal data of Users of advertisements for educational programmes uploaded by the Clients, who are considered to be the Controllers of the processing of personal data.
 
The Controller is obligated to collect personal data received via e-mail in a legal and transparent manner and he/she cannot use them for any other purpose apart from replying to queries regarding educational programmes, which he/she received as a result of advertising on the website www.educentar.net.
 
The Controller is obligated to collect only the data that is appropriate, relevant and limited to data essential for the purpose for which they are being collected.
 
The Controller confirms that organisational and technical measures have been implemented which will enable the Controller to exercise control over the collection of personal data through the website www.educentar.net. Also, the Controller is responsible for download of the Users’ collected personal data and assigning access information for his/her user account.
 
The Controller undertakes to fully cooperate with the Processor in order to enable each User to exercise the rights laid down in regulations on personal data protection should he or she wish to do so (right of access, rectification, erasure, portability, restriction of processing and right to object to processing of personal data).
 
In the event of breach of regulations related to personal data processing, the Controller undertakes to fully cooperate with the Processor on rectifying the damage and working with regulatory authorities.
 
The Processor undertakes to process personal data (collection of queries and registration statistics) exclusively within the scope of service, on behalf of the Controller and for the purpose determined by mutual business cooperation, to record and save all processes of personal data processing conducted on behalf and for the account of the Controller until recalled by the Client.
 
The Processor guarantees to the Controller that Personal Data can be accessed only by the employees and/or other persons working under his supervision who are authorised to do so based on regulations or contractual relationships, and that access to Personal Data is only granted to the extent to which that is necessary for service provision.
 
The Processor states he has undertaken all the organisational and technical measures as laid down by the GDPR, especially with regard to the system of regular control, testing, integrity, availability and resilience of IT systems.
 
The Processor will assess the effectiveness of technical and organisational measures on a regular basis, as well as continually perfect and improve them.
 
The Processor and the Controller shall inform each other of every relevant personal data breach within 24 hours from the occurrence of any such breach.
 
The Processor can process the Controller’s data only for the purpose of statistical and analytical testing of IT systems and monitoring registration statistics for advertisements for education courses.
 

7. Jurisdiction and settlement of disputes

 
For all legal relationships formed between the Company, the Clients and the Users, Croatian substantive law is applied alongside these Terms and Conditions of Use, except for the provisions pertaining to resolving the conflict of laws.
 
The Company, the Clients and the Users shall attempt to settle any disputes amicably, and in the event of initiation of court proceedings, the court of subject matter jurisdiction in Zagreb shall be competent.
 

8. Final provisions

 
These Terms and Conditions of Use enter into effect on the day of their publication on the website www.educentar.net.
The Company reserves the right to amend these Terms and Conditions of Use at any time. Version published on the website www.educentar.net shall be considered as the valid version of the Terms and Conditions of Use.
 
Zagreb, 25 July 2018