Legal provisions
 

Compliance with the Copyrights


PIRS is a protected trade mark in all data, program, design and other elements (not specially mentioned, but not excluded), which can be legally protected by the Slovenian and international legislation. All actions, interfering with such rights without the trade mark owner (Slovenska knjiga, Ljubljana) are therefore strictly forbidden. The trademark owner (Slovenska knjiga, d.o.o., Ljubljana, Stegne 3, hereinafter mentioned as SK) will persecute any such infringement to a large extent.

It is strictly forbidden to:

- take over the program or parts of the program (elements of data collection) from the web server in a manner, which exceeds the possibilities officially offered to the user;

- unauthorized copying of the program or parts of the program (elements of data collection) in any other media;

- any other distribution of the program or parts of the program (elements of data collection) to third persons without the explicit written permission of SK Within the scope of respecting its copyrights, SK permits the legal owners of the program (legal of physical persons), purchasing the CD-ROM or receiving it as a free copy to install the program and its data collections on an unlimited number of personal computers in his own organization. Generally, SK also permits the installation of the program on the web server, but only if it is guaranteed that users outside the local web (LAN) would be prevented from entering the program. In this case, SK cannot be held responsible for the quality of the functioning of the program on the local web.

The legal or physical entity, receiving the program PIRS on CD-ROM as a free copy through the installation from the Internet, has the same rights as stated above in the previous paragraph.

In all other cases the special permission from SK is necessary. All the legal users of the program can obtain such permission through the electronic mail (info@pirs.si) or on a free telephone number 080 2840. Do not forget to give the registration number which is printer on the backside of the CD cover.


SLOVENSKA KNJIGA, d.o.o.
 


General terms of publishing

The data in Pirs are gained from public data collections or by personal verification performed by the agents of Slovenska knjiga. When an agent visits a company the responsible person confirms with his/her signature the correctness of data stated in the document. With this signature the publisher is entitled to publish the data - statistical and other publicly available data, including personal data - in directories, to send notifications and, according to provisions of the Personal Data Protection Act, to keep these verified personal data in certain data collections, which are necessary for publishing directories (the subscribers catalogue, the buyers catalogue). The display of basic data from the document is free. The subscriber is obliged to inform the publisher in written form about all possible data changes as soon as possible and the publisher is obliged to take these changes into consideration in the shortest time possible. On the other hand, the publisher reserves the right to correct spelling, grammatical and other editorial mistakes and to adjust the data with technical elements of the directory. Obligations, deriving from material copyrights, which are connected to artistic, graphic and other materials, are the responsibility of the subscriber, who is obliged to send to the publisher also the data on authors of individual copyright works. The subscriber also bears the responsibility to protect personal data on the basis of provisions of the 2nd and the 3th paragraphs of Article 10 in Personal Data Protection Act – 1.

The above-mentioned provisions are logically used also for sending company data through Internet, by using the functions Add new company and Modify company information. Only registered Pirs users who ask for an activation code to acquire the right of authorized editing of ads and data of their companies, can send data changes through Internet.


Unwanted e-mail

In the field of business directories Slovenska knjiga appears exclusively as the advertisement service provider, where the advertisers freely present chosen and formed information. This holds true especially for the electronic mail addresses: we want to stress that we publish only those electronic addresses, the publishing of which is allowed by the authenticated written authorization of the owner of electronic mail box.

In PIRS 2010 on CD-Rom Slovenska knjiga, d.o.o. upgraded the above mentioned written consent for publishing, gained for the majority of electronic addresses, into “prior consent for sending an electronic message”. With the signature of an authorized person in the company, Slovenska knjiga gained the exclusive permission for the Pirs users to use the company’s electronic mail address for their first commercial message intended for direct marketing, which the signatory of the permission agrees to, saying that such message does not represent unwanted communication proceeding from Article 109 of the Electronic Communication Act, (ECA - officially consolidated text, Official Gazette RS, No. 13/2007). Recipient's prior consent is valid only when using with tools, included in Pirs on CD-Rom or the Internet (www.pirs.si), that enable the user to keep the records of preventing further sending of messages to the certain recipients.

To avoid misunderstanding in what is actually allowed to the users with such permission, we ask you to read the Instructions carefully before use.


The key provision for the judgment of allowed and not allowed on part of the sender is contained in Article 109 (Unwanted communication) of the Electronic Communication Act, (ECA - officially consolidated text, Official Gazette RS, No. 13/2007), stating the following:

(1) The use of automated calling systems for making calls to the subscribers’ telephone numbers without human intervention (automatic calling machines), facsimile machines or electronic mail, for the purposes of direct marketing, may only be allowed if subscribers give their prior consent.

(2) Irrespective of the provisions of the previous paragraph, natural persons or legal entities obtaining the electronic mail addresses from the customers of their products or services may use such addresses for direct marketing of their similar products or services, but they shall be obliged to give their customers the possibility of preventing such use of their electronic address at any time, free of charge and in a simple way.

(3) The use of other tools for direct marketing, i.e. electronic communications other than those defined in the previous two paragraphs of this Article shall be permitted only with the consent of the subscriber.

(4) The sending of electronic mails for the purpose of direct marketing disguising or concealing the identity of the sender on whose behalf the message is sent, or without a valid address to which the recipient may send a request that such communication ceases, shall be prohibited.

According to the provision of paragraph 2, Article 109 of the Electronic Communication Act (ECA - officially consolidated text, Official Gazette RS, No. 13/2007) natural persons or legal entities obtaining the electronic mail addresses from the customers of their products or services may use such addresses for direct marketing of their similar products or services, but they shall be obliged to give their customers the possibility of preventing such use of their electronic address at any time, free of charge and in a simple way.

It is indisputable that “having an e-mail address” is not only a status symbol, they are published by the subscribers in the business directories for the purpose of making addresses more accessible to the potential senders (i.e. to enable natural persons and legal entities to obtain them), we believe that the decision on whether the sending is permitted, mainly depends on whether the sender complies with the regulations from Article 109 of the Electronic Communication Act or not. For many electronic addresses Slovenska knjiga has gained the permissions with the signature of the responsible person in the company, which can act in place of prior subscriber’s consent from paragraph 1 of Article 109 of the Electronic Communication Act.

For electronic addresses with no permission obtained, i.e. prior consent according to Article 109 of the Electronic Communication Act (you will recognize them as being marked in blue on the list) the Pirs users are obliged to respect the legal provisions of the relevant Act when using the published addresses. According to the Slovene legislation they should gain special consent of the message receiver according to Article 109 of the Electronic Communication Act. Therefore Slovenska knjiga from its side calls upon all business subjects registered in Pirs, that they should – respecting the legislation and good business practise – enforce appropriate ways of communication in the field of direct marketing.

Slovenska knjiga, d.o.o. is not responsible for any infringement of the Electronic Communication Act (ECA - officially consolidated text, Official Gazette RS, No. 13/2007) by the Pirs users or by any third persons, which can be caused by the use of the electronic addresses data published in Pirs, and can be in conflict with the legal provisions. Slovenska knjiga calls upon all the Pirs users to respect the provisions of the cited Act, particularly Article 109.

MSc Jože Andrej Čibej,
Chief Editor of PIRS
 

Publication of the email address

With the signature of an authorized person or through the electronic mail (or through the template forms on the Internet) the subscriber gives exclusive permission to the Pirs clients to use the published e-mail address of the subscriber (the company’s electronic mail address) for their first commercial message intended for direct marketing, and at the same time he agrees that such message does not represent an unsolicited communication proceeding from Article 109 of the Electronic Communication Act (Official Gazette RS, No. 43/2004). This permission acts in place of prior recipient’s consent according to the 1st paragraph of Article 109 of the above-cited Act.

Slovenska knjiga, d.o.o. is not responsible for any possible infringement of the Electronic Communication Act (Official Gazette RS, No. 43/2004) by the Pirs users or by any third persons, which can be caused by the use of information on electronic addresses, published in Pirs, and can be in conflict with the legal provisions. Slovenska knjiga calls upon all Pirs users to respect the provisions of the cited Act, particularly Article 109.     
 

Explanation of possible problems of massive e-mail sending through Pirs

All users of Pirs on CD-Rom or Internet are requested to be careful and moderate when using Pirs tools for creating electronic messages. According to the Internet Code of Ethics and current Message Sending Regulations, we send messages only to the customers who gave their prior consent, and we also carefully select them depending on the contents. A modern - general and advanced - browser in Pirs enables us to select a properly narrow »target« with sufficiently detailed criteria; meaning a precisely determined target group of companies whom we then send the messages to.

 

Many public suppliers of electronic mail services have recently limited the number of messages that can be sent over a certain time period through our “outgoing” mail server or to a particular “incoming” mail server with a huge number of recipients. Some of them are quite rigorous and allow the sending or receiving of not more than 200 messages daily, others allow 500 or even 2000 messages daily.  

 

Example 1

Ivan Novak sends through the mail server of his supplier (e.g. mail.prvi.si) from his mailbox ivan.novak@prvi.si 500 electronic messages to different e-mail addresses at the same time. Mail server mail.prvi.si has strict limitations, so Ivan Novak is not allowed to send more than 200 e-mail messages daily; the server postpones the sending of other 300 messages, for a day or similar.  

 

Example 2

Janez Novak has a more tolerable e-mail server supplier (mail.drugi.si), so he can easily send out 700 e-mail messages from his mailbox (janez.novak@drugi.si) to different e-mail addresses, which are all opened at the same service supplier (mail.prejemniki.si). According to its internal rule the server mail.prejemniki.si accepts and delivers e-messages to not more than 400 addresses daily; the delivery of all other messages is refused and the messages do not reach the recipients (usually with the following explanation: “Too many messages from the same mailbox!”).  

 

Before using the Pirs tools we recommend you to make enquiries at your e-mail service supplier about possible quantity and time limitations of sending e-mail messages. It is sometimes wise to check if intended recipients have actually received your messages.
 


Legal provisions on the discount coupons

Discount coupon is an advertising message of a certain company, published in a Consumer guide or on the Internet address www.pirs.si. With a discount coupon you can apply for a discount or some other benefits, defined by the provider of products or services within the frame of this coupon.

The coupon can be capitalized in the print form, so it must be printed and brought to the certain company according to the rules, stated on this coupon. Show the coupon at the time of purchase before the invoice is issued.

Only one discount coupon can be applied in one purchase. Only original prints are valid. Copying or any other means of reproduction are not allowed.

Slovenska knjiga d.o.o. acts solely as an advertisement provider and therefore cannot assume any legal responsibilities, arising from the relation between the advertiser and its customers, including holders of discount coupons.
 


Responsibility statement

Despite enormous efforts to make the program and database flawless, Slovenska knjiga, d.o.o., cannot be held responsible for direct or indirect damage, which would result from their use. The publisher does not carry any legal or moral responsibilities, resulting from the use of incorrect, incomplete, dubious or otherwise misleading information, directly gained from original data list (or their subsequent changes) of subjects included in Pirs, or from data in publicly available official data collections. Slovenska knjiga, d.o.o. can in no case be responsible for any website information available through links from Pirs.

Smooth operation of individual version of the program Pirs on CD-Rom and the technical support for its use are ensured for two years after its publication.
 


Ordering of company business information reports

In cooperation with the company I, d.o.o. Slovenska knjiga d.o.o. provides to the users the possibility of ordering, through the web application Pirs, business information reports from the world's leading source of commercial information Dun&Bradstreet (D&B) for the companies from Slovenia, Albania, Bosnia and Herzegovina, Monte Negro, Croatia, Kosovo, Macedonia and Serbia.

In this cooperation Slovenska knjiga plays the role of an agent. By using web application Pirs, users can fill in the form – a purchase order for the business information report. The form includes the basic data on the client and company, for which the business report is ordered.

Orders will be immediately sent to the company I, d.o.o. by Slovenska knjiga through e-mail. Ordered reports cannot be cancelled. Business reports will be created by the company I, d.o.o. and sent to the client together with the invoice. In some (exclusive) cases (bad financial status of the client) the company I, d.o.o can ask from the client an advance payment for the ordered business report.

With a note on a web-site Slovenska knjiga d.o.o. advises the client to send all additional questions directly to the company I, d.o.o. through e-mail address imojstri@idoo.si. After sending an order to the company I, d.o.o., Slovenska knjiga is no longer in a business relationship between the company and the subscriber of the business information report.