Legal terms
Last update: 17.11.2023
- Validity and application of these General Terms and Conditions
These General Terms and Conditions of Use apply to anyone (hereinafter referred to as the “User”) who visits or uses the Valores website, which, at the time of acceptance of these Terms and Conditions of Use, is accessible at https://valoresbullion.com/ (hereinafter referred to as the “Website”) and which is operated by TIM VALORES, Education, d.o.o. (hereinafter referred to as the “Provider”).
These Terms of Use apply to the Website as a whole, to all its components and subpages. In addition to these Terms of Use, specific terms and conditions or contractual provisions may apply to specific parts, sub-sites or Users.
These terms of use bind the User when he/she first visits the Website and on all subsequent visits. By using the Website, the User acknowledges that he/she accepts and agrees to all the provisions of these Terms of Use.
In the event of any inconsistency between the provisions of these General Terms and Conditions and the contract between the Provider and the User, the provisions of such contract shall apply.
These terms and conditions of use may be amended or supplemented at any time without warning or notice. By using the website under the amended terms and conditions, the User confirms that he/she accepts the amendments.
- Information about the Provider
Name: TIM VALORES, Education, d.o.o.
Person responsible: Irena Linasi, Director
Registered office address: Jarška cesta 10b, 1000 Ljubljana
Registration number: 6530397000
VAT ID: SI 69179565
a) Contact details:
-Telephone: 080 30 45
-e-mail address (address for objections, comments, requests and declarations): info@valoresbullion.com
b) Transaction account:
Banka Intesa Sanpaolo d.d., Koper
-BIC/SWIFT: SI56 1010 0005 3198 190
Banka Lon d.d., Ljubljana/Kranj
-BIC/SWIFT: SI56 6000 0000 0587 40
- Use of the portal
The User undertakes to use the Website in a lawful and normal manner, in accordance with its purpose. In doing so, he/she is obliged to refrain from any conduct that may prejudice the rights of the Provider, other users or third parties, or that may cause or threaten to cause damage to the aforementioned parties.
If the User uses the Website in violation of the preceding paragraph, the Provider may, without prior notice, delete the User’s account and/or suspend the User’s access to the Website. In the event of repeated infringements, the Provider may permanently block the User’s access to the Website without prior notice.
- Personal data protection policy
The purpose of the personal data protection policy is to inform the Users of the Services, Users of the Website and business partners (hereinafter referred to as “Users”) of the Provider about the purposes, legal bases, technical and organizational measures and the rights of Users with regard to the processing of personal data carried out by the Provider.
We value your privacy and therefore protect your personal data carefully. To this end, we use appropriate technological and organizational means to protect the transmission and storage of personal data.
The Provider processes personal data and ensures the protection of personal data in accordance with this Policy and the requirements for the protection of personal data set out in European legislation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“General Regulation”), applicable Slovenian legislation (Personal Data Protection Act, Official Journal of the Republic of Slovenia, No. 163/22) and other regulations governing the protection of personal data.
- a) Collection of User Personal Data
The Provider processes personal data on the basis of the individual’s personal consent, on the basis of a concluded contract or on the basis of the law. The Provider shall also process personal data in cases where the processing of personal data is necessary for the pursuit of the legitimate interests of the Provider and these interests manifestly outweigh the interests of the data subject.
Every website User who enters personal data on our website also gives active personal consent to the processing of personal data on the basis of a special form which he/she submits prior to sending the enquiry/order/newsletter subscription. Any consent given may be revoked at any time by the User just as easily. The revocation does not affect the lawfulness of the processing of personal data prior to the revocation.
The Provider collects the following personal data about Users who are natural persons when registering on the portal: first name, last name, e-mail address, telephone number. The Provider also collects the following personal data from Users who contact the Provider via one of the contact forms: residential address, telephone number, interest in investing in a particular metal, information about the precious metals advisor, preferred method of contact, preferred date and time of contact. The information marked as mandatory must be provided by the User, otherwise registration or other subscription to the services is not possible. The User may provide the optional information if he/she so wishes. The User who does not provide the Provider with optional personal data shall not suffer any adverse consequences as a result.
- b) Purposes of data processing
The Provider will use the collected User data exclusively for the following purposes:
- to keep records of registered Users of the website and to enable registered Users to log in and use the website;
- processing orders;
- negotiating individual contracts;
- contacting Users personally if they wish to receive further advice and sending individual offers;
- sending from time to time emails with content related to the Provider or the Website, whether of a commercial or non-commercial nature;
- statistical, marketing and other analyses and research relating to Users of the Portal and the Online Shop.
Consent to electronic notifications: e-Newsletter
The User consents and authorises Tim Valores d.o.o. to use the User’s electronic mail address (e-mail) for the purpose of informing the User about the latest developments in the financial markets and the precious metals and raw materials market, and for the purpose of direct marketing of Tim Valores d.o.o. (advertising campaigns, news about services and products, and events in which Tim Valores d.o.o. participates or organises). The User may unsubscribe from the electronic notifications at any time, by sending a return message, indicating ‘UNSUBSCRIBE’ in the subject line of the message.
Contractual processing and transfer of personal data to other processors (contractual partners)
The User consents and authorises the Provider to transfer the User’s personal data to third parties (the Provider’s contractual partners) for the purpose of personally contacting and advising the User on investing in precious metals.
The processing of the User’s personal data is also entrusted to other contractual processors who have a contractual relationship with the Provider. The contractual processors with whom the Provider cooperates are mainly:
-information service providers;
-providers of e-mail services;
-software providers, cloud service providers;
-maintainers of computer equipment;
-providers of accounting services;
-providers of legal and business advice.
Other processors may process the entrusted data only within the limits of the Provider’s authorization, the contract relating to the processing of personal data and in accordance with the purposes defined in the first paragraph of point 4.b. All other processors shall ensure that the processing of personal data complies with the General Regulation and other legal provisions.
The Provider shall keep and maintain a record of other contractual processors.
- c) Data protection and storage time
The Provider shall use appropriate technological and organizational means to protect the transmission and storage of personal data.
The Provider will not, under any circumstances, transfer the data of Users to third parties, except in the case of contractual processing of personal data by contractual processors, as provided for in the point of these General Terms and Conditions “Contractual processing and transfer of personal data to other processors (contractual partners)”.
The User acknowledges and agrees that the Provider shall keep the data provided by the User to the Provider at the time of registration for as long as the User has the status of a registered User of the portal and for one year after the termination of this status. The email address may be stored by the Provider for the purpose of sending commercial or non-commercial emails until the User declares or indicates that he/she no longer wishes to receive emails. Other data may be retained by the Provider for as long as is necessary to achieve the purpose for which the data was collected, after which it must be permanently deleted or effectively anonymized so that the specific data can no longer be linked to an individual User.
- d) Users’ rights under the General Regulation
As a User of the website, you acknowledge that you may at any time request that we, as the Provider:
- confirm whether or not data relating to you is being processed, and allow you to access, copy or copy your personal data contained in the personal data file;
- allow you to consult the catalogue of the personal data collection or the record of the personal data processing activities;
- provide you with an extract of the personal data contained in the personal data file relating to you;
- provide a list of the Users to whom personal data have been disclosed, when, on what basis and for what purpose;
- provide information on the sources on which the records contained in the personal data file about you are based and on the method of processing;
- provide information on the purpose of the processing and the type of personal data processed and any necessary explanations in this respect;
- where possible, the envisaged period of retention of the personal data or, if this is not possible, the criteria to be used to determine this period (e.g. until the end of the project);
- explain the technical or logical-technical decision-making procedures, in case automated decision-making is carried out by processing the personal data of the data subject.
As a User of our website, you are aware that you have the following rights under the applicable Personal Data Protection Act and the General Data Protection Regulation:
- to restrict the processing of your personal data where one of the following applies:
- if you contest the accuracy of the data (the processing is limited for a period that allows us to verify the accuracy of the personal data);
- if the processing is unlawful and you object to the erasure of your personal data and request instead that its use be restricted;
- we, as the controller, no longer need the personal data for the agreed purposes of the processing, but you, need the personal data for the establishment, exercise or defense of legal claims;;
- in the event that you raise an objection to processing, until it is verified whether the legitimate grounds of the controller override your grounds;
- to have your personal data in our database rectified (the Provider is obliged to rectify your inaccurate personal data and you also have the right (subject to the purposes of the processing) to have incomplete personal data completed, including by submitting a supplementary statement;
- to have your personal data erased – if you no longer wish your personal data to be processed and provided that there are no legitimate grounds for its continued storage or processing, you may request that your data be erased without undue delay where one of the following grounds applies (other than the statutory exceptions):
- Your personal data is no longer necessary for the purposes for which it was collected or otherwise processed;
- you withdraw the consent on the basis of which the processing is carried out and where there is no other legal basis for the processing;
- you object to processing, provided that there are no overriding legitimate grounds for processing, or (at any time) you object to processing where personal data is processed for direct marketing purposes;
- your personal data has been unlawfully processed;
- your personal data must be erased in order to comply with a legal obligation under the law of the Republic of Slovenia
- your personal data has been collected in connection with a specific offer.
- you are aware of the storage period of your personal data;
- you are aware that you have a right to a legal remedy – a complaint;
- you have the right to receive the personal data (applies only to personal data processed automatically).
The User may send any complaint regarding the processing of personal data to the e-mail address info@valoresbullion.com or by post to Tim Valores, d.o.o., Jarška cesta 10b, 1000 Ljubljana. The individual may also submit the complaint in person at the company’s address. Each User also has the right to lodge a complaint directly with the supervisory authority, i.e. the Information Commissioner, if he/she considers that the processing of personal data concerning him/her violates Slovenian or EU legislation on the protection of personal data. If the User has exercised the right of access to data with Tim Valores, d.o.o. and, after receiving a decision, considers that the personal data received is not the personal data requested or that he/she has not received all the personal data requested, he/she may, before lodging a complaint with the Information Commissioner, lodge a reasoned complaint with Tim Valores, d.o.o. within a period of 15 days before lodging a complaint with the Information Commissioner. Goldnote must decide on the complaint as a new request within five working days.
you have the right to receive the personal data you have provided to the Provider (the right to data portability) in a structured, commonly used and machine-readable format and the right to transmit that data to another controller without being hindered by the Provider to whom the personal data have been provided, where:
-
- the processing of the personal data is based on the User’s consent;
- the processing of personal data is based on a contract;
- the processing is carried out by automated means.
where there are grounds relating to the specific situation of the Provider, the Provider has the right to object to further processing of personal data insofar as the Provider processes the data on the basis of a legitimate business interest (as well as in the case of a legitimate interest of a contractual processor). Where personal data is processed for direct marketing purposes, the User has the right to object at any time to the processing of personal data concerning him or her for the purposes of such marketing, including profiling, insofar as it is related to such direct marketing. To the extent that the direct marketing is based on consent, the right to object may be exercised by withdrawing the personal consent given.
These rights do not relieve you of any obligations that you have under the General Terms and Conditions or that you have under a contract with the Provider.
The Provider shall ensure that Users exercise their rights without undue delay and in any event within one month of receipt of the request. The Provider may extend the time limit for exercising the User’s rights by up to two additional months, taking into account the complexity and number of requests. If the Provider extends the time limit, it shall inform the User of any such extension within one month of receipt of the request, together with the reasons for the delay.
The User may at any time exercise his/her rights under point 4d (request, review, supplement, rectification or deletion of his/her personal data or termination of the processing of personal data, etc.) by e-mail to info@valoresbullion.com or in writing to Tim Valores, d.o.o, Jarška cesta 10b, 1000 Ljubljana.
Where the data subject submits the request by electronic means, the information shall, where possible, be provided by electronic means, unless otherwise requested by the data subject.
Where there is reasonable doubt as to the identity of the User making a request in relation to any of his or her rights, the Provider shall request the provision of additional information necessary to confirm the identity of the data subject. The request for additional information is only a security measure to ensure that personal data are not disclosed to unauthorized persons.
The information, messages and actions are provided free of charge to Users. Where the requests of the data subject are manifestly unfounded or excessive, in particular because they are repetitive, the Provider may:
(a) charge a reasonable fee, taking into account the administrative costs of providing the information or communication or of carrying out the requested action; or
(b) refuse to act on the request.
- e) Exclusion of liability
The Provider shall not be liable for any damage suffered by the User as a result of the provision to the Provider of incorrect, incomplete or inaccurate information relating to the User. It is the sole responsibility of each User to ensure that his/her personal data is provided securely and that it is provided accurately and truthfully.
The website operator asks users who do not agree with this policy or any changes or amendments to it to leave the website and not to use it in the future.
- f) Web cookies
The Provider uses cookies on the website (hereinafter: cookies). By continuing to use the website, the User agrees to the placement of cookies on the device through which he/she accesses the website. More about cookies
- Communication, complaints and disputes
Tim Valores, Ltd. complies with applicable consumer protection legislation and endeavours to fulfil its duty to provide an effective complaints handling system. In case of problems, the customer can call 080 30 45 or send us an e-mail info@valoresbullion.com The complaints handling process is confidential. The Provider will acknowledge receipt of the complaint to the Customer within five working days at the latest and will inform the Customer of the further procedures to be followed.
The Provider acknowledges that the essential characteristic of a consumer dispute, at least as far as judicial settlement is concerned, is its disproportion between the economic value of the claim and the costs incurred in settling the dispute itself. This constitutes a major obstacle to the consumer’s seeking judicial protection of his rights. To this end, the Provider shall endeavor to resolve any disputes amicably.
The Provider acknowledges that the essential characteristic of a consumer dispute, at least as far as judicial settlement is concerned, is its disproportion between the economic value of the claim and the costs incurred in settling the dispute itself. This constitutes a major obstacle to the consumer’s seeking judicial protection of his rights. To this end, the Provider shall endeavor to resolve any disputes amicably.
In accordance with Article 32(3) of the Act on Out-of-Court Settlement of Consumer Disputes (ZIsRPS, Official Gazette of the Republic of Slovenia, No. 81/15), the Provider does not recognize any provider of out-of-court settlement of consumer disputes as competent for the resolution of a consumer dispute. Notwithstanding this, and in accordance with the ICDPSA, the Provider publishes an electronic link to the Consumer Dispute Resolution Platform (hereinafter: the Platform). The Platform is a single point of entry for consumers established under Regulation 524/2013/EU for the resolution of disputes arising from online sales or online services between a consumer residing in the European Union and a provider established in the European Union. The platform is available to consumers via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SLIn the event that an amicable settlement of the dispute cannot be reached, the Ljubljana Court of First Instance shall have jurisdiction over any dispute relating to the contract or the relationship between the Provider and the User.
In the event that the counterparty of the operator is not a consumer, but a self-employed person, legal entity or other entity that does not qualify as a consumer, any dispute between such counterparty and the operator shall be subject to the jurisdiction of the Court of Ljubljana.
All provisions of these General Terms and Conditions and any disputes between the Provider and the Customer shall be governed by and resolved in accordance with Slovenian substantive and procedural law. The relevant European Union law shall also apply to the legal relations between the Users and the Provider.
The application of rules of private international law referring to any other law is not envisaged. All disputes shall be resolved exclusively in the Slovenian language.
The provisions of the Code of Obligations, the Electronic Commerce Act, the Personal Data Protection Act and the Consumer Protection Act shall apply mutatis mutandis to all relationships and to rights and obligations not governed by these General Terms and Conditions.
- Exclusion of liability
The Provider has taken the utmost care in the preparation of the content of the website, but, due to possible changes in the information, does not guarantee that the content (opinions, advice, information, news, notices, etc.) published on the website is accurate, complete and correct, and shall not be liable for any damage caused to the User as a result of the content itself or as a result of reliance on and reliance on the content of the website.
All content on the website, in whatever form, is for information purposes only. Nothing contained on the website may be considered as an individual investment recommendation, nor as an invitation to sign a contract or as an offer to buy or sell securities or other financial instruments. The Provider expressly warns Users that appropriate additional investment advice should be obtained before investing; this can also be obtained from the Provider.
The Provider does not assume any liability for the performance or availability of the Website and shall not be liable for any damage caused to the User as a result of the Website being unavailable or not working or not working properly. The Provider also reserves the right, if it deems it necessary, to make the website inoperable or unavailable at any time, for any reason and for any period of time necessary, without prior notice.
The Provider shall not be liable for any damage to the User’s hardware, software or other equipment that may result from the use of the Website. It is the User’s responsibility to ensure that the equipment used to access the website is properly protected (antivirus, etc.).
The registered User is obliged to take reasonable care of the security and confidentiality of the data used to log in to the website (e-mail address, password). If he/she suspects that the log-in data is being used by an unauthorized third party or that the data has been disclosed in an unauthorized manner, he/she is obliged to inform the Provider immediately. The Provider shall not be liable for any damage that the User may suffer as a result of the unauthorized disclosure or use of the login data.
The Provider shall not be liable for content published on websites outside the website that are accessible via hyperlinks on the website. Any link to a third-party website is made available by staff for transparency purposes only. The use of third party websites is at the User’s own risk.
- Intellectual property rights
The entire content of the Website, whatever its form (text, images, films, sounds, etc.), is protected by copyright. The holder of the material copyright in the content published on the Website is the Provider and/or the person expressly indicated as such for each item of content.
By publishing the content on the Website and by making the Website available for use, the Provider does not waive any of the material copyrights that it holds in the content of the Website.
No use of any content published on the Website for any purpose other than for the personal viewing of the User is permitted without the express prior written permission of the Provider. Misuse may constitute a criminal offence and may result in material liability for the offender.
- Final provisions
The invalidity of any provision of these General Terms and Conditions, whatever the reason for such invalidity, shall not invalidate these General Terms and Conditions as a whole. In such case, the invalid provision shall be deemed to be unwritten and these General Terms and Conditions shall continue in force without that provision.
These General Terms and Conditions, the Privacy Policy and the use of cookies shall apply from 28.10.2020 until revoked or until new terms and conditions are published.
Last updated: 29.08.2023
- Validity and application of the General Terms and Conditions of the Valores Metal Account Application
These General Terms and Conditions of Use apply to anyone who visits and uses the Valores Metal Account Application (hereinafter referred to as the “User”), which, at the time of the adoption of these General Terms and Conditions, is accessible via the electronic link https://app.valores.si (hereinafter referred to as the “Application”), and which is managed by Tim Valores, Education, d.o.o. (hereinafter referred to as the “Administrator”).
These terms and conditions bind the User upon first use of the Application and for all subsequent uses. By using the Application, the User confirms that he/she accepts and agrees to all the provisions of these Terms and Conditions of Use.
In the event of any conflict between the terms of these General Terms and Conditions and the contract between the Administrator and the User, the terms of such contract shall apply.
These Terms and Conditions of Use may be amended or supplemented at any time, of which the Administrator shall notify the User via the Application. By using the Application under the amended terms and conditions, the User confirms that he/she accepts the amendments.
- Information about the Provider
Company: TIM VALORES, Education, d.o.o
Short name: Tim Valores, d.o.o.
Responsible person: Irena Linasi, Director
Registered office address: Jarška cesta 10b, 1000 Ljubljana
Registration number: 6530397000
VAT ID: SI 69179565
Contact information:
E-mail address (address for objections, comments, requests and declarations): info@valoresbullion.com
Telephone number: 080 30 45
Details of transaction accounts:
a) Banka Intesa Sanpaolo, d.d., Koper
-Transaction account: SI56 1010 0005 3198 190
b) LON, d.d., Kranj
-Transaction account: SI56 6000 0000 0587 406
2.1 Legal basis
In managing the Application, the Administrator shall comply with the legislation of the Republic of Slovenia and the regulations of the European Union.
- Use of the Application
The User undertakes to use the Application in a lawful and customary manner and in accordance with its purpose. In doing so, he/she is obliged to refrain from any conduct that would infringe the rights of the Administrator, other users or third parties or that would cause or threaten to cause damage to the aforementioned parties.
If a User uses the Application in breach of the preceding paragraph, the Administrator may, without prior notice, delete the User’s account and/or suspend access to the Application. In the event of repeated infringements, the Administrator may permanently disable the User’s access to the Application without prior notice.
- Personal data protection policy
The purpose of the personal data protection policy is to inform the Users of the Application about the purposes, legal bases, technical and organizational measures and the rights of the Users with regard to the processing of personal data carried out by the Administrator.
We value your privacy and therefore protect your personal data carefully. To this end, we use appropriate technological and organizational means to protect the transmission and storage of personal data.
The Administrator processes personal data and ensures the protection of personal data in accordance with this Policy and the requirements for the protection of personal data set out in European legislation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “General Regulation”), applicable Slovenian legislation (Personal Data Protection Act, Official Journal of the Republic of Slovenia, No. 163/22), and other regulations governing the protection of personal data.
- a) Collection of User personal data
The Administrator processes personal data on the basis of the individual’s personal consent, on the basis of a contract or on the basis of the law. The Administrator shall also process personal data in cases where the processing of personal data is necessary for the pursuit of the legitimate interests of the Administrator and those interests manifestly outweigh the interests of the data subject.
Each User of the Application who enters personal data at the time of registration and account creation also gives active personal consent to the processing of personal data on the basis of a specific form submitted before the enquiry/order/newsletter subscription is sent. Any consent given may be revoked at any time by the User just as easily. The revocation does not affect the lawfulness of the processing of personal data prior to the revocation.
The Administrator collects the following personal data about Users who are natural persons when registering in the Application: first name, last name, e-mail address. The Administrator also collects the following personal data from Users who contact the Administrator via one of the contact forms: residential address, telephone number, bank name and account number (TRR), interest in investing in a particular metal, information about the precious metals advisor, preferred method of contact, preferred date and time of contact. The information marked as mandatory must be provided by the User, otherwise registration or other subscription to the services is not possible. The User may provide the optional information if he/she so wishes. The User who does not provide the provider with optional personal data shall not suffer any adverse consequences as a result.
- b) Purposes of data processing
The provider will use the collected User data exclusively for the following purposes:
- to keep records of registered Users of the Application and to enable registered Users to log in and use the Application;
- processing orders;
- the negotiation of individual contracts;
- contacting Users personally if they wish to receive further advice and sending individual offers;
- sending from time to time emails with content related to the provider or the website, whether of a commercial or non-commercial nature;
- statistical, marketing and other analyses and research relating to Users of the portal and the online shop.
Consent to electronic notifications: e-Newsletter
The User consents and authorizes the Administrator to use the User’s electronic mail address (e-mail) for the purpose of informing the User about the latest developments in the financial markets and the precious metals and raw materials market, as well as for the direct marketing of Tim Valores d.o.o. (advertising campaigns, news about services and products, and events in which the User participates or organizes). The User may unsubscribe from the electronic notifications at any time by sending a return message, indicating ‘UNSUBSCRIBE’ in the subject line of the message.
Contractual processing and transfer of personal data to other processors (contractual partners)
The User consents and authorizes the Administrator to transfer the User’s personal data to third parties (the provider’s contractual partners) for the purpose of personally contacting and advising the User on investing in precious metals.
The processing of the Users’ personal data is also entrusted to other contractual processors who have a contractual relationship with the Administrator. The contractual processors with which the Administrator cooperates are in particular:
-information service providers;
-providers of e-mail services;
-software providers, cloud service providers;
-maintainers of computer equipment;
-providers of accounting services;
-providers of legal and business advice.
Other processors may process the entrusted data only within the limits of the Administrator’s authorization, the contract relating to the processing of personal data and in accordance with the purposes defined under “Purpose of processing” and for the purpose of personally contacting and advising sers on precious metals investment.
All other processors shall ensure that the processing of personal data complies with the General Regulation and other legal provisions.
The Administrator shall keep and maintain a record of other contractual processors.
- c) Data protection and storage time
The Administrator shall use appropriate technological and organizational means to protect the transmission and storage of personal data.
In no case will the Administrator pass on User data to third parties, except in the case of contractual processing of personal data by contractual processors, as provided for in the point of these General Terms and Conditions “Contractual processing and transfer of personal data to other processors (contractual partners)”.
The User acknowledges and agrees that the Administrator shall keep the data provided by the Administrator at the time of registration for the duration of the User’s status as a registered User of the Application and for one year after the termination of this status. The e-mail address may be stored by the Administrator for the purpose of sending commercial or non-commercial e-mail messages until the User declares or indicates that he/she no longer wishes to receive e-mail messages. Other data may be retained by the Administrator for as long as is necessary to achieve the purpose for which the data were collected, after which they must be permanently deleted or effectively anonymized so that the specific data can no longer be linked to an individual User.
- d) Users’ rights under the General Regulation
As a User of the Application, you acknowledge that you may at any time request that we, as the Administrator:
- confirm whether or not data relating to you is being processed and allow you to access, copy or reproduce your personal data contained in the personal data file;
- provide you with access to the catalogue of the personal data collection or the record of the processing activities;
- provide you with an extract of the personal data contained in the personal data file relating to you;
- provide a list of Users and other processors to whom personal data have been disclosed, when, on what basis and for what purpose;
- provide information on the sources on which the records contained in the personal data file about you are based and on the method of processing;
- provide information on the purpose of the processing and the type of personal data processed and any necessary explanations in this respect;
- where possible, the intended period of retention of the personal data or, if this is not possible, the criteria to be used to determine this period (e.g. until the end of the project);
- explain the technical or logical-technical decision-making procedures, in case automated decision-making is carried out by processing the personal data of the data subject.
As a User of our Application, you are aware that you have the following rights under the applicable Personal Data Protection Act and the General Regulation:
- to restrict the processing of your personal data where one of the following applies:
- if you contest the accuracy of the data (the processing is limited for a period that allows us to verify the accuracy of the personal data);
- if the processing is unlawful and you object to the erasure of your personal data and request instead that its use be restricted;
- we, as the Administrator, no longer need the personal data for the agreed purposes of the processing, but you need it for the establishment, exercise or defense of legal claims;
- in the event that you raise an objection to processing, until it is verified whether the legitimate grounds of the Administrator override your grounds;
- to have your personal data in our database rectified (the Administrator is obliged to rectify your inaccurate personal data and you also have the right (subject to the purposes of the processing) to have incomplete personal data completed, including by submitting a supplementary declaration;
- to have your personal data erased – if you no longer wish your personal data to be processed and provided that there are no legitimate grounds for its continued storage or processing, you may request that your data be erased without undue delay where one of the following grounds applies (other than the statutory exceptions):
- Your personal data is no longer necessary for the purposes for which it was collected or otherwise processed;
- you withdraw the consent on the basis of which the processing is carried out and where there is no other legal basis for the processing;
- you object to processing, provided that there are no overriding legitimate grounds for processing, or (at any time) you object to processing where personal data is processed for direct marketing purposes;
- your personal data has been unlawfully processed;
- your personal data must be erased in order to comply with a legal obligation under the law of the Republic of Slovenia;
- your personal data has been collected in connection with a specific offer.
- you are aware of the retention period of your personal data;
- you are aware that you have a right to a legal remedy – a complaint.
The User may send any complaint regarding the processing of personal data to the e-mail address info@valoresbullion.com or by post to Tim Valores, d.o.o., Jarška cesta 10b, 1000 Ljubljana. The individual may also submit the complaint in person at the company’s address. Each User also has the right to lodge a complaint directly with the supervisory authority, i.e. the Information Commissioner, if he/she considers that the processing of personal data relating to him/her violates Slovenian or EU legislation on the protection of personal data. If the User has exercised the right of access to data with Tim Valores, d.o.o. and, after receiving a decision, considers that the personal data received is not the personal data requested or that he/she has not received all the personal data requested, he/she may, before submitting a complaint to the Information Commissioner, lodge a reasoned complaint with Tim Valores, d.o.o. within a period of 15 days. Goldnote must decide on the complaint as a new request within five working days.
that you have the right to receive the personal data you have provided to the Administrator (right to data portability) in a structured, commonly used and machine-readable format and the right to transmit that data to another Administrator without being prevented from doing so by the Administrator to whom the personal data have been provided, where:
-
- the processing of personal data is based on the User’s consent;
- the processing of personal data is based on a contract;
- the processing is carried out by automated means.
where there are grounds relating to the User’s particular situation, the User has the right to object to further processing of the personal data, insofar as the Administrator processes the data on the legal basis of legitimate business interest (as well as in the case of legitimate interest of the contractual processor). Where personal data are processed for direct marketing purposes, the User has the right to object at any time to processing of personal data concerning him or her for such marketing purposes, including profiling, insofar as it is related to such direct marketing. To the extent that the direct marketing is based on consent, the right to object may be exercised by withdrawing the personal consent given.
These rights do not relieve you of any obligations you have under the General Terms and Conditions or under any contract with the Administrator.
The Administrator shall ensure that Users exercise their rights without undue delay and in any event within one month of receipt of the request. The Administrator may extend the time limit for the exercise of the User’s rights by up to two additional months, taking into account the complexity and number of requests. If the Administrator extends the time limit, he shall inform the User of any such extension within one month of receipt of the request, together with the reasons for the delay.
The User may exercise his/her rights under point d. (request, inspection, completion, rectification or deletion of his/her personal data or termination of the processing of personal data, etc.) at any time, by e-mail to info@valoresbullion.com or in writing to Tim Valores, d.o.o, Jarška cesta 10b, 1000 Ljubljana.
When a User to whom personal data relates submits a request by electronic means, the information shall, where possible, be provided by electronic means, unless the User to whom personal data relates requests otherwise.
Where there is reasonable doubt as to the identity of the User making a request in relation to any of his or her rights, the Administrator shall require the provision of additional information necessary to confirm the identity of the data subject. The request for additional information is merely a security measure to ensure that personal data are not disclosed to unauthorized persons.
The information, messages and actions are provided free of charge to Users. Where the data subject’s requests are manifestly unfounded or excessive, in particular because they are repetitive, the Administrator may:
(a) charge a reasonable fee, taking into account the administrative costs of providing the information or communication or of carrying out the requested action;
(b) or refuse to act on the request.
- Registration in the Application
The General Terms and Conditions apply to and bind all types of Users. By registering on the Application, the User becomes a User of the Application and, in accordance with these General Terms and Conditions, agrees that all rights in the Services on the Application, software, technological tools, content and other materials created by or in connection with the Application are the exclusive property of Tim Valores, d.o.o..
By registering, you obtain a temporary, personal, non-transferable, revocable and limited right to use our intellectual property. Notwithstanding the foregoing, each individual User of the Application, as well as other Users of our Services, is prohibited from lending, copying, reproducing, distributing, transmitting, transferring, storing, displaying, or modifying our intellectual property and from using it as the basis for any products or services.
Registration is one-time, simple and free. The User registers by entering the required personal data. The User shall enter his/her full name, e-mail address and, if he/she has access to it, the recommender code. When registering, the User must upload documents that identify him or her. The Administrator treats personal documents with the utmost care and uses appropriate technological measures to protect the personal data relating to such documents. The User may update/change the data entered at any time during registration by changing his/her personal data in the ‘Account management’ tab.
When registering in the Application, the User shall be provided with a username identical to the e-mail address entered by the User concerned at the time of registration, and a password. The User may change the username and password at any time. A registered User shall log in to the Application with his or her username and password, which shall be non-transferable. By registering, the User acquires the right to use his/her account.
When registering for the Application, the Application User gives consent to be contacted by the Administrator for promotional purposes by email and by telephone. The User’s registration is not conditional on the consent given. The User may withdraw the consent given at any time.
The User is responsible for all activities carried out under his/her username.
- Provisions relating to investing in precious metals through the Application.
These Terms and Conditions govern in detail the purchase, sale and storage of precious metals through the Application.
These provisions apply to each single handling (purchase, sale) of different precious metals as well as to the savings plans that the Client may choose from the Administrator’s offer.
- a) Purchases of precious metals
The prices of precious metals applicable to the User under a savings account (one-off or monthly) are based on the movement of the stock exchange price plus a mark-up (the cost of which is known to the User at the time of conclusion of the contract).
- The User shall open a savings account himself or through a person authorised by the Administrator.
- In accordance with the Act on the Prevention of Money Laundering and Terrorist Financing (Official Journal of the Republic of Slovenia, No 48/22 and 145/22 ZPPDFT-2). the User must make the appropriate identification. It is also necessary that the transfer is made from the bank account of the actual buyer, who is also the User. The Administrator is legally obliged to ensure that its customers are properly identified. Such identification shall be carried out by a person authorised by the Administrator.
- The User may choose between different investment options, which are indicated in the Application and clearly marked.
- When ordering precious metals, receives instructions for the transfer of the contractual amount or give a SEPA debit order. Payment of precious metals may only be made through the Administrator’s transaction account. Payment in cash is not possible.
- The User does not know at the time of the transfer the price at which he will purchase the precious metals, nor how many units of each metal will be credited to his account.
- Once the User’s transfer arrives in the Administrator’s business account, the amount transferred is used to make the purchase via the secure web portal.
- The Administrator shall make the purchase within five working days of receipt of the transfer.
- Once the purchase is completed, the User receives a confirmation of the purchase and an invoice to his/her e-mail address. A valid email address is also the basic information (in addition to the password) to log in to the savings account in the Application.
- b) Savings plan
In addition to occasional purchases, the User has the possibility to create a savings plan. The rules of these General Terms and Conditions shall apply in full to the Savings Plan, unless the Terms and Conditions expressly provide otherwise.
A Savings Plan purchase is a long-term relationship through which the Customer purchases selected precious metals from the Savings Plan with a fixed amount and regular monthly payments. The minimum monthly purchase amount is € 50.00. The quantity of precious metals expressed in grams is always converted and rounded to four decimal places. After each purchase, the User receives an invoice and a statement of the payment to his/her e-mail address.
The debit via SEPA order is made on the 8th (eighth) or 18th (eighteenth) of the month. Purchases of precious metals shall be made within 5 working days of receipt of funds in the account. The savings account may be closed at any time, provided that there are no longer any funds (precious metals) in the account. The User shall close the account himself or through an adviser.
Any change made via the adviser is confirmed by the User via a link received by email.
- c) Storage of precious metals
Bullion storage is a separate legal transaction from the purchase and is subject to a separate charge.
Storage costs are charged at a pro rata share of the annual storage cost on a daily basis and are valued at the exchange value prevailing on each day. The storage costs are set out in the Fee and Cost Schedule.
The storage charges, expressed in grams, shall be repaid from the User’s savings account in the form of a reduction in the quantity of precious metals, in accordance with the accounting made on 1 January and 1 July for the preceding half-yearly period. The User shall receive the invoice and the storage statement by e-mail.
The precious metals of the Users are stored in duty-free premises in Liechtenstein, where the Administrator has regulated and secured the storage of precious metals, through the contractual partner OZL (Offenes Zolllager in Liechtenstein, the partner’s website can be accessed at the following link: https://www.ozl.li/en), which is under the strict supervision of the market regulator FMA (Finanzmarktaufsicht Liechtenstein) and is officially certified for its operations.
The Administrator ensures that the User’s precious metals are always stored in the appropriate quantity and in the appropriate metal, which is also certified once a year by a certified auditor. The reports can be obtained from the Administrator’s head office.
The User always owns the precious metals he has ordered and paid for. Precious metals held in custody do not form part of the assets of the Adminnistrator or its partner and are therefore not valued in the balance sheet and do not form part of the bankruptcy estate of the Adminstrator.
- Right of withdrawal
In accordance with the Consumer Protection Act (Official Journal of the Republic of Slovenia, No 130/22 ZVPot-1), the User has a right of withdrawal, which can be exercised by closing his/her savings account. The User may close the account in the Application himself/herself or instruct the Administrator to do so in writing via e-mail info@valoresbullion.com
- Consequences of resignation
The User is only entitled to a full refund of the amount paid if he/she has already paid the contractual amount into the Administrator’s transaction account and the purchase has not yet been made. If the purchase has already been made, the User shall nevertheless have the right to close the savings account.
The precious metals in the User’s account shall be disposed of and the redemption value shall be credited to the User. This may differ from the amount paid by the customer, as it depends on the movement of the metal price on the stock exchange and the costs. The same means of payment used by the User to make the original payment shall be used for repayment, unless otherwise expressly agreed.
- Selling of precious metals
The User has the option to sell precious metals at any time, in part or in full. This can be done by requesting a sale directly in the Application or via an advisor. In case the User decides to sell via an advisor, he/she must confirm his/her decision to sell precious metals via email
The redemption price is based on the movement of the exchange price, less the redemption costs as set out in the schedule of fees and charges.
The redemption shall take place within two working days of receipt of a duly completed request for the sale of precious metals. Once the customer has confirmed the sale of bullion, cancellation is no longer possible.
The purchase price paid by the Administrator shall be credited to the User’s transaction account within seven to fourteen working days of the Administrator’s acknowledgement of receipt of the request for the sale of precious metals.
The User may request delivery of the investment gold once a year in the month of January after the custody account has been settled. The User shall receive the precious metals within three weeks of the request for withdrawal against payment of postage or secure transport at the prevailing price list of the transport service in force at the time. Delivery of investment silver is not possible. The User may sell the silver and then purchase gold for which delivery may be requested. The conditions for delivery are the same as those set out above. In the event of a request for redemption or collection of the saved metals being made, the User must also pay the storage charge in proportion to the period not yet paid.
The supplier authorized by the Administrator reserves the right to identify the person taking delivery of the goods (by consulting the identity document), in order to ensure that the goods ordered are delivered to the right customer/User.
Tax aspect: a natural person is not liable to tax on the difference between the purchase and sale value. In the case of legal persons and sole traders, the investment is considered as a capital gain of the company. Tax legislation is subject to change and it is the User’s responsibility to keep up to date with any changes.
- Keeping the User informed about the balance in the savings account
Each time a purchase is made, the User receives a confirmation email with all the details of the purchase and the balance of his/her savings account (what was purchased, how much precious metals in grams were received for the amount paid and the final balance of his/her savings account). The User has the possibility to view the history of all transactions made within his/her savings account. By creating a savings account, the User acknowledges that he/she has read and agrees to the General Terms and Conditions for the purchase, sale and storage of precious metals through a savings account.
The User may check the balance in the Application at any time by visiting the following address: https://app.valores.si.
- Communication, complaints and disputes
Tim Valores, Ltd. complies with the applicable consumer protection legislation and strives to fulfil its duty to provide an effective complaint handling system. In case of problems, the customer can call 080 30 45 or send us an e-mail info@valoresbullion.com The complaints handling process is confidential. The Administrator will acknowledge receipt of the complaint to the customer within five working days at the latest and inform the customer of the further procedures to be followed.
The Administrator is aware that an essential feature of consumer disputes, at least as far as judicial settlement is concerned, is their disproportion between the economic value of the claim and the costs incurred in resolving the dispute itself. This constitutes a major obstacle to the consumer’s seeking judicial protection of his rights. To this end, the Administrator shall endeavor to resolve any disputes amicably.
In accordance with Article 32(3) of the Act on Out-of-Court Settlement of Consumer Disputes (ZIsRPS, Official Gazette of the Republic of Slovenia, No. 81/15), the Administrator does not recognize any provider of out-of-court settlement of consumer disputes as competent to resolve a consumer dispute. Notwithstanding this, and in accordance with the ICDR, the Administrator publishes an electronic link to the Platform for Consumer Dispute Resolution (hereinafter: the Platform). The Platform is a single point of entry for consumers, established on the basis of Regulation 524/2013/EU, for the resolution of disputes arising from online sales or online services between a consumer residing and a provider established in the European Union. The platform is available to consumers via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SL.
In the event that an amicable settlement of the dispute cannot be reached, the Ljubljana Court of Civil Procedure shall have jurisdiction over any dispute relating to the contract or the relationship between the Administrator and the User.
In the event that the Administrator’s counterparty is not a consumer, but a self-employed person, legal entity or other entity that does not qualify as a consumer, any dispute between such counterparty and the Administrator shall be subject to the jurisdiction of the Court of Ljubljana.
All provisions of these General Terms and Conditions of Business and any disputes between the Administrator and the Customer shall be governed by and resolved in accordance with Slovenian substantive and procedural law. The relevant European Union law shall also apply to the legal relations between the Users and the Administrator.
The Application of rules of private international law referring to any other law is not foreseen. All disputes shall be settled exclusively in the Slovenian language.
The provisions of the Code of Obligations, the Act on Electronic Commerce on the Market, the Personal Data Protection Act and the Consumer Protection Act shall apply accordingly to all relationships and to rights and obligations not governed by these General Terms and Conditions.
- Intellectual property rights
The entire content of the Application, regardless of its form (texts, images, films, sounds, etc.), is protected by copyright. The holder of the material copyright in the content published on the Application is the Administrator and/or the person expressly indicated as such for each item of content. By publishing content on the website and by making the website available for use, the Administrator does not waive any of the material copyrights that it holds in the content of the website.
Any use of any content published on the website for any purpose other than for the personal viewing of the User is prohibited without the express prior written permission of the Administrator. Misuse may constitute a criminal offence and may result in material liability for the offender.
- Exclusion of liability
The Administrator has taken the utmost care in the preparation of the content of the Application, but, in view of the possibility of changes to the information, does not guarantee that the content (opinions, advice, information, news, notices, etc.) published on the Application is accurate, complete and correct and shall not be liable for any damage caused to the User as a result of the content itself or as a result of reliance on and reliance on the content of the Application.
All content in the Application, in whatever form, is for informational purposes only. Nothing contained in the Application may be construed as an individual investment recommendation, an invitation to sign a contract or an offer to buy or sell securities or other financial instruments. The Administrator expressly reminds Users that they should obtain appropriate additional investment advice before investing, which may also be obtained from the Administrator.
The Administrator does not accept any liability for the performance or availability of the Application and shall not be liable for any damage suffered by the User as a result of the Application being unavailable or not working or not working properly. The Administrator also reserves the right, if it deems it necessary, to disable the operation or accessibility of the Application at any time, for any reason and for any period of time necessary, without prior notice.
The Administrator shall not be liable for any damage to the User’s hardware, software or other equipment that may occur as a result of the use of the Application. It is the User’s responsibility to ensure that the equipment used to access the website is properly protected (anti-virus, etc.).
The registered User is obliged to take reasonable care of the security and confidentiality of the data used to log in to the Application (e-mail address, password). If he/she suspects that the log-in data is being used by an unauthorized third party or that the data has been disclosed in an unauthorized manner, he/she is obliged to inform the Administrator without delay. The Administrator shall not be liable for any damage that may be caused to the User as a result of the unauthorized disclosure or use of the login data.
The Administrator is not responsible for content published on the Application or outside the Application that is accessible via hyperlinks on the website. Any link to a third-party website is provided for transparency purposes only. The use of third party websites is at the User’s own risk.
- Final provisions
The invalidity of any provision of these General Terms and Conditions, whatever the reason for such invalidity, shall not invalidate these General Terms and Conditions as a whole. In such event, the invalid provision shall be deemed to be unwritten and these General Terms and Conditions shall continue in force without that provision.
These General Terms and Conditions, the Privacy Policy and the use of cookies shall apply from 28.10.2020 until revoked or until new terms and conditions are published.