Last updated on March 7, 2024

1. INTRODUCTORY PROVISIONS

1.1. The acronym TSW stands for The Smartestway online service, which automatically converts collected content (e.g. notes, memos, reminders, sketches, samples, writings, essays, etc.) into a machine-readable format using online tools and transforms it with the help of artificial intelligence algorithms into quality learning materials. The TSW online service thus enables the acquisition of new ways of learning through the use of advanced technology (particularly faster and focus-oriented learning), strengthening social competence, and raising the level of financial literacy of young people by promoting the economic management of financial resources for beneficial purposes.

1.2. Access to the TSW online service is available through the websites: thesmartestway.com and app.thesmartestway.com .

1.3. Access to the website and use of the TSW online service are carried out in accordance with the relevant TSW Terms of Use (hereinafter: Terms of Use). By accessing, using, or using any part of the Website and using the TSW Online Service, the User agrees to be bound by these Terms of Use. If the User does not agree with individual provisions or these Terms of Use in their entirety, the User may not access the Website or use the TSW Online Service.

2. GENERAL PROVISIONS

2.1. These TSW Terms of Use set out the terms of use of the Websites thesmartestway.com and app.thesmartestway.com and TSW online services and govern the relationship between the provider of the TSW service and the user of the TSW service.

2.2. The provider of the TSW online service and the operator of the TSW website is the company Sparta doo, Za Mošenikom 12, 4290 Tržič.

2.3. By accepting the terms of use and registering a TSW user account, the user of the TSW service acquires the right to use the TSW online service and the right to use and manage the TSW virtual wallet.

2.4. By registering and opening a TSW user account, the user enters into a contractual relationship for the use of the TSW online service and the TSW virtual wallet in accordance with these terms of use. The concluded contractual relationship is also the legal basis for the processing of the user's personal data within the TSW service.

2.5. When the user of the TSW service also uses the online services of other online service providers while using the TSW service or in connection with the use of the TSW service, the user may be required to comply with additional terms set by the provider of those services.

2.6. An integral part of these Terms of Use is also the TSW Price List, which is accessible on the website thesmartestway.com/pages/smart-pointi .

3. DEFINITION OF TERMS

3.1. The TSW website or website comprises all online content accessible at the web addresses thesmartestway.com and app.thesmartestway.com .

3.2. Online TSW service or TSW service is an online service provided by the TSW service provider and includes online tools for faster and focused learning using advanced technology, strengthening social competence, and raising the level of financial literacy of users of the TSW service.

3.3. The TSW and The Smartestway trademark is a combination of characters used to identify the TSW website and the TSW online service and to distinguish them from other similar services or products and is expressed in textual form and with a unique graphic image. The sign owner is the TSW service provider.

3.4. The TSW service provider or provider is the company Sparta doo, Za Mošenikom 12, 4290 Tržič.

3.5. The operator of the TSW website is the provider of the TSW service.

3.6. A visitor of the TSW website is any person who accesses the TSW website or individual content at the web address thesmartestway.com or its subpages.

3.7. TSW Service User or User is a person who is the holder of their TSW User Account and their TSW Virtual Wallet.

3.8. A pre-registered user of the TSW service or a pre-registered user is a person who has been invited by the TSW service provider or TSW service user to use the TSW online service and/or a person whose TSW user account registration has not been fully completed.

3.9. A TSW user with a guardian is a TSW user under the age of 15 and a TSW user over the age of 18 who has been deprived of legal capacity. A legal or authorized representative of a TSW service user with an administrator is considered an administrator.

3.10. TSW user account or TSW account is a means of electronic identification of the user, which enables registration and access to the TSW online service, use of the TSW online service to the selected extent, and access and management of the TSW virtual wallet.

3.11. Content is any information, short or long text (e.g., notes, memos, reminders, sketches, samples, writings, essays, questions, answers, etc.), regardless of length or format (e.g., PDF, PNG, JPEG, or JPG ), which is provided by the user in the context of and for the purposes of using the TSW service.

3.12. Learning material is any information, short or long text (e.g. notes, memos, reminders, sketches, samples, writings, essays, questions, answers, etc.), regardless of length or format (e.g. PDF, PNG, JPEG, or JPG) that the user acquires or becomes familiar with during and in the context of using the TSW service. One note represents the amount of material needed to master the knowledge for one exam. This can be 1 page or more in a notebook, sheet, notepad, etc. The length depends on the teacher, the subject, or the author of the notes.

3.13. The TSW virtual wallet or TSW wallet is a tool that enables the user of the TSW service to convert monetary funds into Smart Points and acquire and dispose of/or manage Smart Point credits.

3.14. Monetary funds are financial funds of the user of the TSW Service, denominated in monetary currency, which are transferable exclusively through the traditional banking exchange system.

3.15. Smart Points are the resources of the user of the TSW service, expressed in points, which are used to evaluate the credit of the user of the TSW service and enable the latter to purchase individual contents or use individual functionalities available within the TSW service.

3.16. The TSW price list indicates the current price list for services or subscriptions and costs of using the TSW online service or its individual functionalities, which is published on the website thesmartestway.com/pages/smart-pointi and https://thesmartestway.com/pages/narocnina and is considered an integral part of these terms of use. The price list of services and costs can be expressed in official currency or in Smart Points.

3.17. The TSW functionalities that the user receives by signing a subscription are:

• Advanced learning (Smart Cards, Speed Learning game)
• Fast conversion of 10 notes / month
• Pop Quizzes
• Learn & Earn
• Payouts of Smart Points
• Evaluating Smart Notes

4. TSW WEB SERVICE AND DEFINITION OF PURPOSE OF TSW SERVICE

4.1. The TSW online service is a service designed to enable users of the TSW service to learn new ways of learning through the use of advanced technology (in particular, faster and focused learning), strengthen social competences, and raise the level of financial literacy of young people by promoting the economic management of financial resources.

4.2. Achieving the purpose of the TSW online service and its positive effects depends on all users of the TSW online service, and in particular the individual user of the TSW online service, their activities, and efforts to effectively use the TSW service and add its educational content.

5. TSW USER ACCOUNT

5.1. TSW USER ACCOUNT REGISTRATION

5.1.1. Any physical person can be a user of the TSW service. In the event that a physical person is younger than 15 years or older than 18 years and has been deprived of full business capacity, the latter must have the permission of a legal representative, guardian, or authorized person who has business capacity.

5.1.2. A physical person obtains a TSW user account by registering on the TSW website, i.e. app.thesmartestway.com . Access to the website is available in any web browser with enabled access to data transfer or the Internet. Access to data transfer or access to the Internet is provided by the website visitor or the user of the TSW online service. The operator of the TSW website does not assume responsibility for any damage caused to the visitor to the website or the user of the TSW online service due to an interruption in operation resulting from limited access or no access to the Internet.

5.1.3. Registration is done by visiting the website thesmartestway.com , where the blue Register button in the upper right corner is clicked. This is followed by the entry of personal data about the user of the TSW online service and familiarization with the content of these terms of use and their acceptance. Before successful registration, the user must explicitly confirm that they are of sufficient age to use the TSW service and that they are aware of the copyright obligations on submitted content. With successful registration, the user of the TSW service obtains his TSW user account.

5.1.4. During registration or later in the TSW user account settings, the user provides the following information:

• Mandatory information during the registration process: e-mail address, selected password, first and last name.
• Optional information: name of the school or educational institutions, educational program, class, year, and year of enrollment in the program.

5.1.5. In the event that a physical person is younger than 15 years or older than 18 years and has been deprived of full legal competence, the latter must show the permission of the legal representative during the registration process or an administrator or an authorized adult to register and use a TSW user account. This is ensured by sending the authorization of the administrator to the e-mail address hello@thesmartestway.com . It is considered that the permission thus demonstrated and issued includes the permission to register a TSW user account and thus to log in and access the TSW online service, further use the TSW online service to the selected extent, and access and manage the TSW virtual wallet.

5.1.6. In the case from the previous point, it is considered that the responsibility for the actions of the user of the TSW account, regardless of the provisions of these terms of use, is fully assumed by the physical person who, as the legal representative or guardian or authorized person of the user, issued the permission from the previous point.

5.1.7. With the completion of the TSW user account registration process, it is considered that a contract for the use of the TSW online service has been concluded between the TSW online service user and the TSW service provider. The right to use the TSW service is acquired by the user on the day of the completed registration of his TSW user account.

5.1.8. After successful registration, the user can use the latter by logging into the TSW online service on the TSW website.

5.2. TERMINATION OF TSW USER ACCOUNT

5.2.1. A TSW User may request termination of their TSW User Account at any time. The request to cancel the account is sent to the email address: hello@thesmartestway.com .

5.2.2. Termination of the user account can also be requested for the holder by another physical person who proves to be their legal representative, guardian or authorized person or a third party based on a death certificate or a decision on inheritance. The request to terminate the user account is sent to the email address hello@thesmartestway.com .

5.2.3. It is not possible to return any remaining funds from the TSW virtual wallet.

5.2.4. The TSW service provider closes the user account after receiving the request, but not earlier than within 24 hours of receiving the request and no later than within 30 days of receiving the request.

5.3. VALIDITY OF TSW SERVICE AGREEMENT

5.3.1. The contractual relationship ceases to be valid on the day when all obligations of both parties to the contract have been fulfilled. Insofar as the moment of termination cannot be defined otherwise, the contractual relationship is considered to be terminated with the expiration of a six-month period from the date of termination of the user account.

5.3.2. In case of complete inactivity of a user of an individual TSW user account for a continuous period of at least 12 months, the TSW service provider may, based on prior written notice, terminate the TSW user account of such user.

5.4. USING THE TSW SERVICE

5.4.1. Use of the TSW Service is permitted solely for the purposes of the TSW Service and is provided to the extent specified for the user's user account (i.e. in the selected scope or package or to the extent and for the functionalities available to the user).

6. ONLINE STORE

6.1. CONSUMER PROTECTION

6.1.1. The online store operates in accordance with the Consumer Protection Act (ZVPot), but at the same time, we are also bound by the Obligations Code (OZ) and the Electronic Commerce Act (ZEPT). For cases where the conditions are not specified in the Terms and Conditions, legal provisions automatically apply.

6.2. ONLINE STORE TERMS

6.2.1. By agreeing to these terms of service, the user declares that they are an adult in their country of residence, or that a user of the TSW service under the age of 15 or a user of the TSW service over the age of 18 who has been deprived of legal competence and has a valid authorization of a guardian who is an adult.

6.2.2. The declaration of agreement with these terms and consent to the processing of personal data is deemed to be given at the time of purchase of the product.

6.2.3. Within the online store, the user (hereinafter: the customer) can purchase a package (e.g. enthusiast, layperson, bluffer, etc. in accordance with the definition of packages in the price list) or purchase paid functionalities of the TSW service (hereinafter: the product), if the latter exist.

6.2.4. Product prices are specified in the price list and may change without prior notice.

6.2.5. The TSW service provider reserves the right to change or discontinue an individual product or any part of it at any time and without prior notice.

6.2.6. The quality of the products depends on the activity of the users of the online service. The provider of the TSW service strives for the contents to be converted into educational materials in a form and content that will be of high quality and enable the achievement of the purposes of the TSW online service. The learning materials available in the TSW online solution have not been reviewed, evaluated or verified by the competent state authority and are not certified in accordance with the applicable legislation. The TSW service is designed as a method to verify and self-assess knowledge acquired on the basis of official learning materials.

6.2.7. The provider of the TSW service does not assume responsibility for the quality of products, information, or other materials purchased within the online store. The TSW service provider also does not assume responsibility that the product will meet the customer's expectations, nor does it guarantee the accuracy and truthfulness of the statements or the elimination of any errors in the products.

6.2.8. The TSW Service Provider reserves the right to refuse any order placed on the TSW Website or within the TSW Online Service. The TSW Service Provider may, at its sole discretion, limit or cancel ordered quantities per person or per order itself. These restrictions may include orders placed with the same user account or credit card, or orders using the same order identifiers (e.g., email address, phone number, etc.) or the same billing address. In the event that the order is canceled or changed, the TSW service provider will endeavor to notify the customer of this at their email address or phone number or within the user account, or in another way that counts as the expected way of notification. The TSW Service Provider reserves the right to limit or prohibit orders from customers that the TSW Service Provider determines or believes in its sole discretion to be sellers, resellers or distributors, or persons without legal identity.

6.2.9. The user guarantees that they will provide their current, complete and accurate personal and payment information for all purchases made in the online store. Further warrants and agrees that it will promptly update the user's account information or payment information (e.g. credit card number, expiration date), including contact information (e.g. email address, phone number), that the transaction can be completed and that the TSW service provider will be able to contact the customer.

6.2.10. Products can be ordered online 24 hours a day, 365 days a year. The user chooses between individual packages (e.g. enthusiast, layman, bluffer, etc. in accordance with the definition of the packages in the price list), but can also purchase individual products that are currently available. The TSW service provider accepts orders exclusively electronically via the TSW website or as part of the TSW online service.

6.2.11. Every order must necessarily contain: the addressee's first and last name, address, contact number and e-mail. Also, the order must contain the exact name of the product and other necessary product specifications, when they exist.

6.2.12. In the event that the customer believes that the purchase of the product has violated the regulations that regulate and apply to the provision of payment services in their country of residence, the customer can notify the TSW service provider.

6.3. METHOD OF PAYMENT AND DELIVERY TIME

6.3.1. One type of payment is available in the online store:

• Stripe: the customer makes the payment by entering their credit card information on the Stripe website, where the system redirects them. Stripe allows the customer to use the service even if they do not have a Stripe user account;

6.3.2. The purchase is considered to be completed on the day of payment. At the time of purchase, the value of VAT is also calculated in accordance with Slovenian legislation. Refunds are made only in the cases explicitly listed in these terms and conditions.

6.3.3. After submitting each order, the customer receives a notification by e-mail that the order has been accepted. It contains all the information about the purchase made by the customer. Accepted orders are considered irrevocable, except in the cases explicitly stated in these terms.

6.3.4. After successful payment authorization, the customer is enabled to use TSW according to the content of the selected subscription package and make purchases with Smart points, which can be exchanged for educational material available on the platform. The provider of the TSW service exceptionally reserves the right to postpone the possibility of use in cases of force majeure or other technical obstacles (e.g. upgrades of the TSW online service, etc.).

6.4. REFUND TERMS

6.4.1. The user has the right to request a refund of the paid subscription within 30 days from the conclusion of the subscription relationship. Under no circumstances can the user request a refund for purchased Smart points.

6.4.2. It is not possible to exchange the product.

6.4.3. The user can submit a request for a refund to the email address: hello@thesmartestway.com . The TSW service provider will process the request and notify the user within 30 days of receipt of the request at the latest whether the request is granted or not. If the refund is approved, the amount will be automatically refunded to the user in the same way as the original payment was made. The user is aware that the refund may take a long time, as the bank or credit card issuer must also process and post the refund.

7. TSW VIRTUAL WALLET

7.1. TSW VIRTUAL WALLET MANAGEMENT

7.1.1. After the purchase of an individual package, the user of the TSW service within the TSW virtual wallet is assigned the selected subscription package or a proportional number of Smart Point points, in accordance with the TSW Price List published at thesmartestway.com/pages/smart-pointi and https://thesmartestway.com /pages/subscription .

7.1.2. The user of the TSW service can view the selected subscription package or credit balance expressed in Smart Points.

7.1.3. When using the TSW service, the user freely uses their Smart Points. The term usage of a Smart Point is used both for collecting or earning Smart Points as well as spending Smart Points.

7.1.4. The user can earn Smart Points for activities that are rewarded, such as: adding content (ie. "upload"), evaluating learning material (ie. "rate"), inviting a friend (ie. "referral") and others, in accordance with the description of the individual activity in the TSW service or in the price list. The evaluation of the learning material will be considered successful if the customer describes the user experience of the application itself or evaluates the converted note.

7.1.5. The user can spend Smart Points to perform activities and enjoy functionalities for which the consumption of Smart Points is foreseen, in accordance with the description of the individual activity in the TSW service or in the TSW Price List. The user is not entitled to claim payment of Smart Points in cash under any circumstances, except in the following cases:

• if the user reaches 20,000 Smart Points and
• has a Premium subscription for at least 3 months.

Monetary compensation is paid based on the request of the user, which the user is entitled to make when both conditions, simultaneously, are met for the first time.

7.1.6. All complaints or any other objections related to the purchased product or services are handled exclusively by the TSW service provider in accordance with these terms and applicable legislation. The TSW service provider is not responsible for any legal or material defects of the TSW products or services purchased by the customer from the TSW website or the TSW online service.

8. OBLIGATIONS AND RESPONSIBILITIES OF THE USER AND THE PROVIDER OF THE TSW SERVICE

8.1. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE TSW SERVICE

8.1.1. The user of the TSW service is obliged to use their user account exclusively for the purposes for which the TSW service is designed. Abuse of the TSW service or use for other purposes is not permitted.

8.1.2. The TSW user account holder is responsible for correct, accurate and complete information about the user account holder and their legal representative, administrator or authorized person when the latter is requested. In the event of a change in personal data and other data about the user account holder, the holder is obliged to immediately notify the TSW service provider by email sent to the address: hello@thesmartestway.com or change their personal data accordingly in the user account settings.

8.1.3. The TSW user account holder is obliged to use their username and password carefully and securely. The user account holder may not pass on their username and password to another person. The user account holder is fully responsible for the misuse of the user account or its use by an unauthorized person (i.e. a person who is not the user account holder).

8.1.4. The holder of the user account is responsible for the safe use of the computer used to access the TSW online service and for the safe use of the Internet. The user account holder is responsible for the correct use of the TSW service and its individual functionalities.

8.1.5. The user account holder is obliged to handle funds in the TSW virtual wallet, including Smart Points, with care.

8.1.6. The user of the TSW service is entitled to add only content that does not contain personal data in the text or metadata of the content, and that is their own work or over which they have the relevant material copyright or explicit consent of the author. The user of the TSW service is liable for damages for a breach of the obligations under this point.

8.1.7. The user of the TSW service is entitled to add only the content that is content-wise consistent with the teacher's curriculum or with textbooks approved by the competent authority in the country of education of the user of the TSW service. The contents must be factual and up-to-date. The TSW service provider can reject notes or the uploaded material if it determines that it is not of adequate quality or has other factual or legal errors. In this case, the user of the service is not entitled to the allocation of Smart Points. In the event that Smart Points have already been assigned to the user, the TSW service provider can reduce the credit balance proportionally.

8.1.8. TSW website visitor or a user of the TSW Service shall not transmit or input any malicious code to the TSW Website or the TSW Online Service as part of its use.

8.1.9. The user of the TSW service is fully responsible for the use of third-party services available within the TSW online service. Any use of extension tools or other third-party services is at TSW user's own risk. The user of the TSW service is obliged to familiarize himself with the general conditions of the provider of these services before using the classification tools or services of third-party providers.

8.1.10. The user of the TSW service is obliged to immediately notify the TSW service provider at the email address hello@thesmartestway.com if they believe that these conditions have been violated during the management of the user account or when using the TSW website or the TSW online service itself.

8.1.11. TSW service user or its administrator assumes responsibility for any possible damage caused to the TSW service provider or a third party due to any violations of these terms.

8.2. TSW SERVICE PROVIDER DISCLAIMER

8.2.1. The TSW service provider is entitled to temporarily or permanently disable the use of an individual user account or TSW virtual wallet, or to delete a TSW user account, if they themselves or on the basis of an authentic document or by an authorized person who presents themselves with an authentic document, determines the implementation of unwanted actions:

• that the personal data of the user account holder is inaccurate, incorrect or incomplete;
• that the user does not use the TSW service or its individual functionalities in accordance with the purpose of the TSW service;
• that the user of the TSW service violates the copyright of an individual or in the case of a suspected violation thereof;
• that the user of the TSW service does not use the TSW service itself or its individual functionality in accordance with these terms of use;
• in all cases of suspected misuse of the TSW service or its individual functionalities;
• in case of delays or violations related to payment obligations of the user account holder;
• in the event of downloading or entering malicious code into the TSW website or into the TSW online service as part of its use or uploading or transmitting viruses;
• that the products in the online product store are used for any illegal or unauthorized purpose;
• that the user of the service intentionally or unintentionally adds content that is false, incorrect, unreliable or inaccurate;
• that the user uses the learning material or the service for any illegal purpose;
• that the user of the service asks or induces others to perform or participate in any illegal actions (e.g. violation of copyright and other intellectual property rights, violations of personal data protection law and other legislation);
• that the user of the service performs actions or activities that constitute or may constitute forms of harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation or discrimination based on gender, sexual orientation, religion, nationality, race, age, national origin or disability ;
• that User uses the Services on or in connection with the use of the TSW Website or the TSW Online Service to spam, spoof, impersonate, pretend, crawl, climb, or obtain information.

8.2.2. The provider of the TSW service does not assume any responsibility for any damage caused to the visitor to the TSW website or to the user of the TSW online service or to a third party due to a change in the price of an individual product or a change to a product, or a change or termination of an individual service or functionality.

8.2.3. The provider of the TSW service does not assume any responsibility for any damage caused to the visitor to the TSW website or the user of the TSW online service or to a third party due to the temporary inability to access the website or the online service. A complete restriction of access for a continuous duration of more than 72 hours is considered temporary incapacity.

8.2.4. The provider of the TSW online service does not assume responsibility for the achievement of learning outcomes by users of the TSW online service. The TSW online service is a tool that promotes the acquisition of new ways of learning through new learning methods (particularly faster and focused learning), but not learning itself.

8.2.5. For the accuracy, reliability, topicality and truthfulness of the data and information contained in the teaching materials and other information available on the TSW website or in the TSW online service, the TSW service provider is not responsible. All teaching materials and other information are intended and serve only as a tool for conquering new ways of learning with new learning methods (in particular faster and focused learning), strengthening social competences, and raising the level of financial literacy of young people by promoting the economic management of financial resources for beneficial purposes. The learning material must not be used as the sole basis for learning for the purposes of knowledge verification, knowledge assessment or learning success in an educational institution or for making other decisions of the user of the TSW service. Before making any decision, the user of TSW is obliged to familiarize themselves with more accurate, complete or more modern sources of information. Any reliance on the material on this website is at TSW user's own risk.

8.2.6. The provider of the TSW online service is entitled to refuse to process the uploaded content into educational material at any time and to delete the latter at any time or remove from the set of learning content in whole or in part, without responsibility for actual damage or lost profit that may occur to any user of the TSW service as a result.

8.2.7. TSW Online Service Provider may provide access to third-party tools (i.e., third-party service providers) within the TSW Service on an “as is” and “as available” basis without any warranties, conditions, or endorsements. The provider of the TSW web service does not control the tools of the third-party service provider and has no influence on their operation. The provider of the TSW service does not assume responsibility for access to these tools, their correct operation or the content of third-party service providers.

9. COPYRIGHT

9.1.1. The user of the TSW service is entitled to add only content that is their own work or over which they have the relevant material copyright or the explicit consent of the author.

9.1.2. With the activity of adding content (i.e. at the moment when the content is completely or finally uploaded on the TSW website or in the TSW online service and independently of its conversion into educational material), the user of the TSW service transfers their material copyright from 22 Article ZASP, namely: the right to make it available to the public, the right to process it, the right to distribute it and the right to lease it, all to the TSW service provider. The transfer of material copyrights is non-exclusive and without temporal, territorial or other restrictions. The compensation for the transfer of material copyrights represents a certain number of Smart Points that the user of the TSW service acquires through the activity of adding content.

9.1.3. The provider of the TSW service may freely dispose of the acquired rights without the prior consent of the author.

9.1.4. The transfer of rights is considered to be completed the moment the content is finally uploaded on the TSW website or in the TSW online service and independently of further activities, such as conversion to learning material, sharing of learning material, recognition of Smart Points, etc.

9.1.5. The author retains the moral copyright on the content.

9.1.6. The educational material is considered as processed content, over which the author does not acquire copyright. All material copyrights in the teaching material are wholly and exclusively owned by the TSW service provider.

9.1.7. The provider of the TSW service is entitled to transfer any content or part of it and all copyrights from this chapter to another legal entity, either contractually or status-wise (e.g. through the transfer of a part of the company, mergers, takeovers and other forms of status transformation of companies).

10. PROTECTION OF PERSONAL DATA

10.1. MANAGER OF PERSONAL DATA

10.1.1. The manager of personal data is the TSW service provider:

• Name: Sparta doo
• Business address: Za Mošenik 12, 4290 Tržič
• Registration number: 6474055000
• Tax number: SI90978633
• Website: thesmartestway.com
• Email address: hello@thesmartestway.com

10.2. TYPES OF PERSONAL DATA AND LEGAL BASIS FOR PROCESSING

10.2.1. TSW website visitors
The manager processes personal data about visitors to the TSW website based on the consent given at the web address thesmartestway.com for the purposes of notifying them about news and current events related to the implementation of the TSW online service.

The manager obtains and processes the following types of personal data about individuals:

• name and surname,
• e-mail address,
• name of the school or educational institution,
• educational program,
• class,
• year,
• year of enrollment in the program/school.

10.2.2. Product customers in the online store
The manager processes personal data about customers of products in the online store who, at the time of purchase, are not yet holders of a user account in the TSW service based on the individual's consent given in the process of purchasing an individual product. With the purchase, the TSW service provider creates a user account, with which the customer becomes a registered user and is subject to the terms of personal data protection from chapter 5.1. TSW USER ACCOUNT REGISTRATION.

10.2.3. Users of the TSW service and their guardians, when the latter is necessary
The manager processes personal data about users of the TSW service and their administrators, when the latter is necessary on the basis of a contractual relationship, which is established by registering a user account.

The manager obtains and processes the following types of personal data about users of the TSW service and their administrators, when the latter is necessary:

• name and surname,
• contact information (e-mail address, telephone number),
• information about the legal representative or guardian of the individual,

10.3. PURPOSE OF PERSONAL DATA PROCESSING

10.3.1. The administrator processes the personal data of individuals for the purposes of:

• Implementation of measures to conclude a contract on the use of the TSW online service or just the implementation of the contract on the use of the TSW online service,
• direct communication with individuals for the purposes of implementing the contract,
• informing the individual about news and current events related to the implementation of the TSW online service,
• informing the individual about the operation of the services of the TSW service provider,
• notifying and informing individuals about events, news and other activities organized by the manager,
• informing the user about news and advice in the field of education,
• direct marketing of the manager's services and products,
• informing visitors of the TSW website about the number of notes uploaded by an individual user and about all the data entered into the website by him (name, surname, school, class, success and education statistics, etc.).

10.4. TRANSMISSION OF PERSONAL DATA

10.4.1. In addition to the controller, the personal data of individuals are also processed on their behalf and on their account by processors. These are legal entities that provide administrative, professional and technical assistance for the implementation of the TSW online service.

10.4.2. The administrator has concluded contracts on the processing of personal data with processors who provide the above services.

10.5. STORAGE OF PERSONAL DATA

10.5.1. Personal data about visitors to the TSW website, which are processed on the basis of consent given on the TSW website for the purposes of notification and fulfillment of other processing purposes, are kept for a maximum of 15 days from the cancellation of the consent to the processing of personal data.

10.5.2. Personal data about product customers in the online store who are not holders of a user account in the TSW service are stored for as long as is necessary for the purpose of processing. The retention period may vary depending on the applicable regional legislation (e.g. tax, accounting legislation). In the event that applicable field laws specify mandatory periods for the storage of personal data, the controller deletes personal data after the expiration of the storage period prescribed by law.

10.5.3. Personal data about users of the TSW service and their guardians, when the latter is necessary, for the duration of the contractual relationship and for five years after its termination.

10.6. RIGHTS OF INDIVIDUALS

10.6.1. The administrator guarantees individuals all rights in accordance with the applicable legislation in the field of personal data protection.

10.6.2. Individuals can expect the controller to exercise the following rights:

• own control over your personal data,
• the possibility of correcting or changing personal data,
• the possibility of limiting the processing of personal data,
• permanent deletion of personal data,
• transfer of personal data and
• exercising the right to object to the processing of personal data.

10.6.3. Individuals can exercise their rights by sending a written request to the email address: hello@thesmartestway.com .

10.6.4. The manager is bound to provide information or respond to the individual's request as soon as possible, but no later than within 30 days of receiving the request.

10.6.5. Individuals are also guaranteed the right to object or complain to the supervisory body for the protection of personal data against the controller's actions, in accordance with applicable legislation.

10.6.5.1. In the territory of the Republic of Slovenia, the supervisory authority is: Information Commissioner of the Republic of Slovenia, (address: Dunajska 22, 1000 Ljubljana, e-mail: gp.ip@ip-rs.si , telephone: 012309730, website: www.ip-rs.si ).

10.7. AUTOMATED DECISION-MAKING

The administrator does not make decisions based on the automated processing of personal data of individuals and does not perform profiling of individuals.

11. FINAL PROVISIONS

11.1. In order to assess the legal validity of these provisions as well as the relationship between the provider and the user and also in the resolution of potential disputes, the regulations valid in the territory of the Republic of Slovenia shall be taken into account, except insofar as regulations regulating the field of consumer protection or consumer protection or intellectual property law or copyright law and those in force in the user's country provide the latter with more comprehensive protection. All possible disputes will be resolved by the court of actual jurisdiction at the seat of the TSW service provider, unless otherwise stipulated by the legislation of the user's country of residence.

11.2. If an individual provision of these general conditions proves to be invalid, this does not affect the validity of the other provisions.

11.3. Notwithstanding the other provisions of this chapter, the TSW service provider reserves the right to enforce claims arising from the misuse of copyright or other rights reserved to it on the basis of these terms of use under the law in force in the country of the issuer.

11.4. The terms of use are published on the website thesmartestway.com .

11.5. The TSW service provider is entitled to change or supplement these general conditions. Notice of changes or amendments to the terms of use will be published on the TSW website or in the TSW online service itself at least 15 days before the intended start of use of the changed or amended terms.

11.6. These terms and conditions will enter into force on October 7, 2022.

11.7. Updated: March 7, 2024.

Tržič, March 7, 2024.

Sparta d.o.o
Vladimir Balukčić,
CEO