General terms of 1KA online survey services represent a set of conditions which users must consider when using 1KA services on 1ka.si installation. The conditions are usual for this type of services. Users should also take into account terms of use of 1KA use and distinct between the use of 1KA on 1ka.si installation and the use of 1KA on own installation. Part of General terms are also Privacy policy, Cookie policy and Anti-spam policy.

I. GENERAL

By registering on the www.1ka.si site you become a user of services offered by 1KA, which enables you to create an online questionnaire and collect survey data on this basis. By registering you explicitly acknowledge that you are familiar with these general terms and conditions, that you agree with them and that you are bound by its provisions. Managers and owners of 1KA website reserve the right to change or update the general conditions at any time and for any reason.

Registration

To use certain services on 1ka.si website you need to register. A mandatory element is an email address, which must be valid, correct and up-to-date throughout the life of these services. The managers and owners of the 1ka.si website commit that we will not use the email except for the purposes of (a) registration, (b) 1KA services required by the user himself (e.g., email invitations to the survey, automatic user notifications of access to the survey, etc.), (c) a one-time invitation to the evaluation survey for the needs of 1KA development, and (d) an annual announcement of upgrades and education (from which the user can also unsubscribe in his profile). In addition, judicial authorities may request personal information in accordance with the law.

Use only for lawful activities and lawful means

By using 1ka.si website the user agrees not to use the website for illegal activities or activities that may be contrary to these terms and conditions. Website should not be used in a manner which could damage, disable, overburden, or otherwise harm the information system used by 1KA.si and it is not allowed to disable or hinder the use of 1ka.si for other users; it is also not allowed to obtain unauthorized access to any service of 1KA.si website.

II. SECURITY AND ACCESSIBILITY OF DATA

Data Security

Communication between users and 1ka.si website runs via SSL standard (Secure Socket Layer) which ensures that the data cannot be accessed by third parties with the help of encryption. Moreover, safety sensitive data, which includes user passwords in 1KA database, is stored in encrypted form.

Storage and accessibility of survey data

1ka.si services on servers in Slovenia permanently store and archive all surveys for users that have exclusive rights to use data collected through their surveys. A professional provider who stores the data adheres to the highest standards in terms of power, security, etc. All the data (every click of each survey separately) is stored parallel on the secondary server (at another location). In addition, backups are performed daily on the outdoor unit, so it is theoretically almost impossible that the data would go missing as it has not happened yet.

Server log files are archived to ensure the reliability of 1KA server and they record errors in the implementation processes. Access log files are also stored and they contain time, IP address, browser type, destination file on the server and outcome of requirement (successful, failed). Log files do not allow identification of survey responses as they are stored separately from the user and survey data.

In case that user deletes survey data through fault of its own, easy data restoration (for simple cases) can be carried out free of charge. Whether it is a simple example or not, is noted for each case individually. All forms of non-standard data restoration (e.g. long-term examples of selective deletion, compensation for existing data at a specific time point) where help from programmers is needed, can be negotiated in accordance with the price list of 1KA additional services.

1KA uses a tool to measure servers’ availability, which means that our team is immediately informed in the event that the server is not available or that its operation is in any way slowed down.

Storage and accessibility of user accounts and surveys

Also, user accounts, along with user surveys are permanently stored and archived on Slovenian professional providers’ servers. This means that each user account remains stored in the database, even when the user is inactive for a long time. It also applies that surveys are stored even after deactivation and data are no longer collected.

The user's responsibility in safeguarding the user name and password

As a user of 1ka.si you are responsible for all activity performed using your user account. You are responsible to use a password that is in terms of safety sufficiently complex, and that the password stored in a secure location.

In case that the service is used on public computers or computers that are accessible to more people, we recommend that you do not store your user names, passwords, and other data. At any unauthorized use or reasonable suspicion that the unauthorized use occurred, you should immediately notify administrators and owners of 1ka.si site.

Managers and owners of 1ka.si site cannot be liable for any loss or damage which may occur due to unauthorized use of your account, password or other data.

Cookies

Cookies are necessary for the operation of sign in the 1KA system for conducting surveys. For the basic sign session cookies are used by default, which are deleted after the session. At the request of the user permanent cookies can be used, for the system to remember your username and password. In this case (as in the case of Google or Facebook sing in) user is notified with accordance with the Electronic Communications Act-1 that cookies will be uploaded and that he has the option to refuse them. For more information, see the Cookie Policy.

III. PROTECTING PRIVACY AND COPYRIGHT

By accepting the terms of 1KA use one shall undertake to also take into account all the conditions specified in the Privacy policy >>.

On the 1KA.si website is forbidden to collect any personal data in contrary to the Personal Data Protection Act. Users are advised to design survey questions in a manner that users of web survey will not be able to enter any personal data in the database.

Copyright and Intellectual Property

By creating survey with 1KA service you are the author and you are entitled to us it, the right to redistribute survey have only people, who you assign the access to the survey. Thus, when you are the author of the survey, you are fully liable for its content and with the entry or release of any information or data, in particular survey questions on the 1ka.si website, you warrant that you have the right to use such information and data or that you are the owner of the valid copyright for the publication of such information and data.

IV. UNSOLICITED COMMUNICATION

With agreeing with terms of use of 1KA.si services you agree that you will also take into account any conditions set out in the Anti-spam policy >>.

Users can send e-mail invitation for survey participation only to the addressees that the owners agreed to it in some valid manner. The user commits that while using the 1KA.si service for the purpose of sending such messages he will not spread spam, will always use valid e-mail address of the sender, will allow users to opt out of receiving invitations and that the system for sending invitations will not be used for purposes of direct marketing or sales.

By accepting the terms you also agree that it is prohibited to publish and report content that is offensive, falls within the definition of hate speech (Article 297 of the Criminal Code) or is in the context of applicable legislation otherwise illegal. The users are responsible for all the content that they publish or communicate in any way using the 1KA services. 

V. LIMITATION OF LIABILITY

Managers and owners of the 1KA.si website are not responsible for user content and any other information or data that the users publish on the 1KA.si website.

Managers of the 1KA.si website commit ourselves to ensure that all reasonable measures are taken to make sure that the data which is not intended for public display is not be accessible to third parties and the public and that the data will be adequately protected against unauthorized misuse or loss.

Nevertheless, managers of 1KA.si do not give any statements on the suitability, reliability, availability, timeliness and accuracy of our services software or hardware. All services are offered "as they are" without warranty of any kind. Administrators of 1KA.si disclaim all warranties or conditions relating to these services, and in any case do not accept liability for any direct, indirect, consequential or any other damages (including damages for loss of usability, data or profits) arising out of or in any way associated with the use or performance of the 1KA.si website and its services or the inability to use the website or its services.

The information that managers of 1KA.si collect and process will be disclosed only if such liability is determined by law or in that, in good faith, we believe that such action is necessary for proceedings before courts or other state bodies for protection and implementation of legitimate interests of 1KA.si.

Users of 1KA.si website declare that they are aware of the fact that, in the event that they do not have all the appropriate licenses for the use and processing of input data (particularly survey questions) and all relevant licenses for processing personal data, are misdemeanorly and criminally liable under the provisions of the Persona Data Protection Act and the Criminal Code. Users of KA.si declare that in case of false statements about the existence of authorization for the use and processing above mentioned data, accept full legal responsibility and all legal consequences that would arise as a result of the lack of these licenses.

Interference in the survey process

User contents are owned by users themselves, they are also responsible for them. Managers and owners of the 1KA.si website are not responsible for their content and do not interfere or review the content. The exceptions are as follows:

  1. When we have explicit request (e.g. methodological assistance) or authorization of the user (e.g. solving technical problems).
  2. When respondents or third parties explicitly warns us on certain content in survey that is abusive, obscene, in violation of the law (in particular copyright law), in violation of these terms and conditions, privacy policy or anti-spam policy, and if they are otherwise inappropriate. In this case we reserve the right to pre-warn the user, and then also to review such content. If, on this basis, we assess that the content actually is inappropriate, we prompt the user to remove it, otherwise we may, at its discretion, delete, move or edit ourselves. In the event that the managers of the 1KA.si site consider that, despite the warning, user seriously violates above provisions, managers may intervene and in extreme cases, also remove the survey. Also, appropriate actions are taken, if we are alerted to breaches of conditions or other irregularities in the context of police investigations or court ruling.

VI. FINAL PROVISIONS

Part of general terms of use are also Privacy policy, Cookie policy and Anti-spam policy, which you must also understand and accept if you agree with these general terms.

For settling all disputes and misunderstandings in relation to the 1ka.si website, for which all other out-of-court options of agreement have been already exhausted, but failed to reach an agreement, the jurisdiction falls under the District Court of Ljubljana.

By clicking 'I agree' user confirms that he has read the contents of these Terms of Use and that he agrees with them. Acceptance of these Terms shall be deemed the personal consent as from the 1st Paragraph of the 8th Personal Data Protection Act.

Ljubljana, 2011

Updated: October 2014

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