1. Validity and use of these general Terms of use

These general terms of use apply to anyone (hereinafter: user) who visits or uses the website Elementum (hereinafter portal), Gold-Silver, and Backoffice support, which is accessible at the time of acceptance of these terms of use at the web address https://www.elementum.si, https://www.zlato-srebro.si, https://www.backoffice-support.com (hereinafter portal) and is managed by the companies ELEMENTUM, trgovina in posredovanje, d.o.o. and ELEMENTUM – AG, trgovina s plementimi kovinami, d.o.o. (hereinafter: provider).

These terms of use apply to the entire portal, all its components, and subpages. In addition to these terms of use, special terms or contractual provisions may apply to certain parts, subpages, or specific users.

These terms of use bind the user upon their first visit to the portal and at all subsequent visits. By using the portal, the user confirms acceptance and agreement with all provisions of these terms of use, as well as being familiar with the Privacy Policy and Cookie Policy.

In the event of a conflict between the provisions of these general terms and a contract between the provider and the user, the provisions of such contract shall apply.

These terms of use may be amended or supplemented at any time without notice or notification. By using the portal under the amended terms, the user confirms agreement with the changes.

2. Provider Information

Company Name: ELEMENTUM, trgovina in posredovanje, d.o.o.
Responsible Person: Peter Slapšak, Director
Business Address: Poslovna cona A 35, 4208 Šenčur
Email (address for objections, comments, claims, and statements): info@elementum.si
Company Registration Number: 2229765
VAT ID: SI87644363
Share Capital: EUR 10,015.03
Transaction Account: 34000-1007361466 (Sparkasse d.d.)
Registered with: District Court in Kranj (file no.: 1/08307/00), dated 4.9.2006

Company Name: ELEMENTUM – AG, trgovina s plemenitimi kovinami, d.o.o.
Responsible Person: Peter Slapšak, Director
Business Address: Poslovna cona A 35, 4208 Šenčur
Email (address for objections, comments, claims, and statements): info@elementum.si
Company Registration Number: 2290375
VAT ID: SI30566371
Share Capital: EUR 7,500.00
Transaction Account: 34000-1008422161 (Sparkasse d.d.)
Registered with: District Court in Kranj (file no.: 1/08307/00), dated 22.3.2007

2.1 Legal Basis

The provider handles personal data in accordance with the applicable Personal Data Protection Act, the General Data Protection Regulation (GDPR), and the Personal Data Protection Policy, which regulate the processing of personal data, procedures, and measures for protection, including responsibility and supervision in the process of their processing.

3. Use of the Elementum webiste

The user undertakes to use the portal lawfully and in a customary manner, in accordance with its purpose. The user must refrain from any actions that would infringe upon the rights of the provider, other users, or third parties or that could cause or might cause harm to said individuals.

If the user uses the portal contrary to the previous paragraph, the provider may delete the user account and/or temporarily disable access to the portal without prior notice. In case of repeated violations, the provider may permanently restrict the user’s access to the portal without prior notice.

4. Exclusion of Liability

The provider exercises the utmost care in preparing the content of the portal. However, due to possible changes in data, no warranty is given that the content (opinions, advice, information, news, notices, etc.) published on the portal is accurate, complete, and correct, and the provider is not liable for any damages that may arise to the user because of them or because the user relied on and followed them.
All content on the portal, in any form, is for informational purposes only. None of the content on the portal can be considered as individual investment advice, nor as an invitation to enter into a contract or as offers to buy or sell securities or other financial instruments. The provider explicitly warns users that appropriate additional investment advice is necessary before making an investment; users can obtain such advice from the provider as well.

The provider does not warrant the operation or availability of the portal and is not responsible for any damage that may arise to the user because the portal was not accessible, did not work, or did not work properly. If deemed necessary, the provider reserves the right to temporarily disable the operation or availability of the portal at any time, for any reason, and for the necessary time without prior notice.

The provider is not responsible for any damage that may arise to the user’s hardware, software, or other equipment due to the use of the portal. The user is responsible for ensuring appropriate protection (anti-virus, etc.) of the equipment used to access the portal.

Registered users are responsible for the security and confidentiality of the data used to log in to the portal (email, password). If there is suspicion that login data is being used by an unauthorized third party or that the data has been disclosed without authorization, the user must immediately notify the provider. The provider is not responsible for any damage that may arise to the user because of unauthorized disclosure or use of login data.

The provider is not responsible for the content published on websites outside the portal, accessible through hyperlinks on the portal. Each link to a third-party website is provided for transparency only. The user accesses third-party websites at their own risk.

5. Personal Data Protection and Privacy

The provider uses appropriate technological and organizational means to protect the transmission and storage of personal data.
The provider ensures the protection of personal data in accordance with this policy and the requirements for the protection of personal data specified by the legislation of the Republic of Slovenia (the applicable Personal Data Protection Act, Official Gazette of the RS, no. 94/07 with amendments) and the General Data Protection Regulation (GDPR).

a) Collection of personal data about users

The provider processes personal data based on the individual’s personal consent, based on a concluded contract, or based on the law.

Every user of the website who enters personal data on our website also actively gives personal consent for the processing of personal data based on a specific form, which they submit before sending an inquiry/order/subscribing to newsletters.

The provider collects the following personal data about users who are individuals upon registration on the portal: name, surname, email address. The provider also collects the following personal data about users who contact them through one of the contact forms: residential address, telephone number, interest in investing in a specific metal, information about a precious metals advisor, preferred method of contact, preferred date and time of contact. The provider collects the following data about users who register in the online store: name, surname, username (display name), email address, company name (if registering as a legal entity), street and house number, postal code, city, country, mobile phone number, information about whether they are a taxpayer (if registering as a legal entity), tax number (if registering as a legal entity). The provider also collects the following data about registered users who shop in the online store: order details (order date, list of ordered products and their prices, date of dispatch and receipt of ordered products, payment method, etc.) and delivery details (recipient’s name, street and house number, postal code and city, country). The user must provide data marked as mandatory; otherwise, registration or other service orders are not possible. Optional data can be provided by the user if desired. A user who does not provide optional personal data to the provider does not suffer any harmful consequences as a result.

b) Data processing

The provider will use the collected user data exclusively for the following purposes:

  • maintaining records of registered portal users and enabling registration and use of the portal for registered users;
  • maintaining records of registered users of the online store and enabling registration and use of the online store;
  • fulfilling obligations based on orders in the online store (acceptance and processing of orders, sending products, resolving any complaints, etc.);
  • personal contacting of users at their request for additional advice and sending individual offers;
  • delivery of products from the gift program to the recipient;
  • occasional sending of emails containing content related to the provider or website, commercial or non-commercial;
  • statistical, marketing, and other analyses and research related to portal and online store users. Consent for electronic notifications: Precious News

The user consents and allows Elementum d.o.o. and Elementum – Ag d.o.o. companies to use the user’s email address for the purpose of informing about financial markets’ news and precious metals and commodities market and direct marketing of Elementum d.o.o. and Elementum – Ag d.o.o. company (advertising campaigns, news about services and products, and events in which it participates or organizes). The user is also aware that they can unsubscribe from electronic notifications at any time by sending a message back, stating ‘UNSUBSCRIBE’ in the subject of the message.

Consent for the transfer of personal data to third parties (contractual partners)
The user consents and allows Elementum d.o.o. and Elementum – Ag d.o.o. companies to transfer the user’s personal data to third parties (company’s contractual partners) for the purpose of personal contacting and advising users on investing in precious metals. Third parties may process the entrusted data only within the limits of the provider’s authorization and in accordance with the purposes defined in the first paragraph of point (5 b).

c) Data protection and retention period

The provider uses appropriate technological and organizational means to protect the transmission and storage of personal data.

The provider ensures the protection of personal data in accordance with this policy and the requirements for personal data protection stipulated by the legislation of the Republic of Slovenia (the applicable Personal Data Protection Act, Official Gazette of the Republic of Slovenia, no. 94/07 with amendments) and the General Data Protection Regulation (GDPR).

The provider will not disclose user data to third parties under any circumstances, except in cases specified in point (6 b) of Legal Notices.

The user is informed and consents that the provider will keep their data, provided to the provider upon registration, for the entire duration of the user’s status as a registered portal user and one year after the termination of this status. The provider may retain the email address for the purpose of sending commercial or non-commercial emails until the user expresses or indicates that they no longer wish to receive emails. Other data may be retained by the provider for as long as necessary to achieve the purpose for which the data was collected, after which it must be permanently deleted or effectively anonymized so that a specific data cannot be associated with a specific user.

d) User's / customer's rights under the General Data Protection Regulation (GDPR)

As a user of our website, you are aware that you can demand, at any time, that we as a provider:

  • confirm whether data concerning you are being processed or not, and provide you with access to your personal data contained in the personal data collection and their transcription or copying;
  • provide access to the catalog of the personal data collection or record of personal data processing activities;
  • provide a printout of personal data contained in the personal data collection and related to you;
  • provide a list of users to whom personal data have been disclosed, when, on what basis, and for what purpose;
  • provide information about the sources on which the records concerning you are based, and the processing method;
  • provide information about the purpose of processing and the type of personal data being processed, and all necessary explanations regarding this;
  • explain the technical or logical-technical decision-making procedures, in the case of automated decision-making with the processing of personal data of individuals.

As a user of our website, you are also aware that, in accordance with the applicable Personal Data Protection Act and the General Data Protection Regulation, you have the following rights:

  • to restrict the processing of your personal data when one of the following cases applies:
    • if you dispute the accuracy of the data (processing is restricted for a period that allows us to verify the accuracy of personal data);
    • if the processing is unlawful, and you oppose the deletion of your personal data and instead request the restriction of their use;
    • as the controller of personal data, we no longer need them for the agreed purposes of data processing, but you need them for the establishment, exercise, or defense of legal claims;
    • if you object to the processing, pending verification of whether the legitimate reasons of the controller prevail over your reasons;
  • to have your personal data in our collection corrected (the provider is obliged to correct your inaccurate personal data, and you also have the right, considering the purposes of processing, to complete incomplete personal data, including submitting a supplementary statement);
  • to have your personal data erased (and “forgotten”) – if you no longer wish your personal data to be processed, and provided there are no legal grounds for their further storage or processing, you can request the deletion of your data without undue delay, namely, when one of the following reasons applies (except for legal exceptions):
    • your personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
    • you withdraw the consent upon which the processing is based, and there is no other legal basis for the processing;
    • you object to the processing, provided there are no overriding legitimate reasons for the processing, or you object to the processing at any time when personal data are processed for direct marketing purposes;
    • your personal data have been processed unlawfully;
    • your personal data must be erased to fulfill a legal obligation in accordance with the law of the Republic of Slovenia;
    • your personal data were collected in connection with a specific offer.
  • that you are aware of the retention period of your personal data;
  • that you are aware that you have the right to seek a legal remedy – filing a complaint;
  • that you have the right to data portability (applies only to personal data processed automatically).

The user can exercise their rights from point 4 (request, review, supplementation, correction, or deletion of their personal data or cessation of personal data processing, etc.) at any time, by email to info@elementum.si or in writing to: Elementum, d.o.o. Business Zone A35, 4208 Šenčur or Elementum – Ag d.o.o., Poslovna cona A35, 4208 Šenčur.

These rights do not release you from the obligations you have under the General Terms and Conditions or the contract concluded with the provider.

e) Disclaimer (Exclusion of liability)

The provider is not liable for any damage suffered by the user due to providing incorrect, incomplete, or outdated data relating to them.

The website operator kindly asks users who do not agree with this policy or its changes or amendments to leave the website and refrain from using it in the future.

6. Intellectual Property Rights

The entire content of the portal, regardless of its form (text, images, videos, sounds, etc.), is protected by copyright. The holder of the material copyright on the content published on the portal is the provider and/or the person explicitly specified for each content.

By publishing content on the portal and enabling the use of the portal, the provider does not waive any of the material copyright rights they hold on the portal’s content. Without the provider’s explicit prior written permission, any use of any content published on the portal for any purpose other than personal viewing by the user is prohibited. Abuse may constitute a criminal offense and may result in the infringer’s material liability.

The word “Elementum” and the Elementum logo are protected as trademarks by the Intellectual Property Office. Their reproduction or any other use in commercial transactions is prohibited without the provider’s explicit prior written consent and may result in criminal and material liability for the infringer.

7. Final Provisions

The invalidity of any provision of these general terms and conditions, regardless of the reason for invalidity, does not invalidate these terms and conditions as a whole. In such a case, the invalid provision shall be considered unwritten, and these general terms and conditions shall continue to apply without such provision.

The legal relationships between users and the provider are governed by the law of the Republic of Slovenia and the law of the European Union. The competent jurisdiction for resolving any disputes shall be the competent court in Kranj.

These general terms and conditions, privacy policy, and cookie policy are valid from December 1, 2023, until revoked or new terms are published.

Terms of Use and Privacy Policy