ACCEPTABLE USE POLICY
1. Introduction and Scope of Applicability
This Policy is an integral part of the contractual relationship between Realtracing and each subscriber or individual user of the Realtracing Platform, accessible at https://realtracing.com. This Policy binds all users of the Platform (legal and natural persons), who are:
- entered into a subscription for the use of the Platform;
- accessing the Platform on a trial basis;
- accessing the Platform on behalf of a third party; or
- otherwise accessing or using the Platform.
("Subscribers").
By registering, logging in or accessing the Platform in any way, you confirm that you have read, understood and agree with the provisions of this Policy. If you do not agree with this Policy, you must not use the Platform. By accessing and using the Platform, you are deemed to have accepted all provisions of this Policy.
2. Permitted Uses
The Platform is intended for use exclusively for the following business purposes:
- market analysis in the construction and real estate sectors (strategic planning, comparative analysis);
- search for and identification of potential business opportunities for sales teams, building materials and services providers, design and engineering firms;
- obtaining information about new residential and commercial properties for potential buyers or tenants; and
- any other purposes that Realtracing may approve in writing in advance.
Any use of the Platform for purposes not explicitly defined in Section 2 of this Policy or not approved in writing by Realtracing is considered prohibited use as per Section 3 of this Policy.
Section 2 of this Policy does not release the Subscriber from the obligation to comply with applicable laws when processing obtained data, as specified in detail in Section 4 of this Policy.
3. Prohibited Conduct - Data Restrictions
Subscribers are strictly prohibited from the following conduct:
- resale or other commercial exploitation of data obtained through the Platform, including sale, lease, licensing, transfer or any other commercial exploitation of data to third parties, regardless of the form or purpose of such transfer;
- public disclosure or redistribution of data obtained through the Platform, including publication, sharing, transmission or distribution of data via websites, applications, media or any public channel without prior written permission from Realtracing;
- sharing access, including providing, sharing or any transfer of login credentials (username, password) to any third party;
- each access to the Platform is strictly tied to the Subscriber and has no group character, unless explicitly agreed otherwise in a written contract with the Subscriber;
- creation of competing products, including using data obtained through the Platform to develop, upgrade or maintain any service, database or product that is in content or purpose competitive with the Platform;
- bulk export of data obtained through the Platform, including systematic copying, archiving or transfer of substantial portions of Realtracing's database for the purpose of creating own data sets or replicas, regardless of the technical method used (e.g., manual copying, automated export, screenshot capture, etc.).
4. Prohibited Conduct - Technical Access Restrictions
Subscribers are strictly prohibited from the following conduct:
- unauthorized automated access, including accessing the Platform or data obtained through the Platform through automated means (e.g., bots, spiders, scrapers, scripts or bulk transfer programs), except where explicitly permitted by written agreement with Realtracing;
- exceeding API limits, including using the Platform API beyond purchased or technically specified limits, or otherwise overloading Realtracing's infrastructure in a way that affects service availability for other Subscribers;
- reverse engineering, including disassembly, decompilation, disassembly or other attempt to obtain source code, algorithms, databases or internal structure of the Platform or its components;
- circumvention of security mechanisms, including attempts to bypass, disable or otherwise compromise authentication, authorization or other security mechanisms of the Platform;
- infrastructure overload, including acts that could disrupt or degrade the operation of the Platform;
- unauthorized security testing, including performing penetration testing, vulnerability scanning or other security testing on Realtracing infrastructure without prior written approval from Realtracing.
5. Prohibited Conduct - General Content and Behavioral Restrictions
Subscribers are strictly prohibited from the following conduct:
- illegal use of the Platform, including using the Platform to perform, encourage or enable acts that violate applicable laws of the Republic of Slovenia or the European Union;
- deceptive identity, including misrepresenting oneself as another Subscriber or Realtracing;
- intellectual property rights violations, including using or disseminating content on or related to the Platform that violates copyright, trademark, patent or trade secret rights of Realtracing or third parties;
- illegal processing of personal data, including processing of third party data in violation of applicable personal data protection laws, particularly GDPR and other relevant regulations, without appropriate legal basis.
6. Subscriber Obligations in Own Data Processing and GDPR
Realtracing collects, manages and conveys data via the Platform, which may include data about natural persons which constitute personal data in accordance with Article 4(1) GDPR.
The Subscriber is a controller within the meaning of Article 4 GDPR for any further processing of data obtained through the Platform, whether by export or copying from the Platform. With regard to processing carried out by the Subscriber after obtaining data from the Platform, Realtracing is not considered a processor of data in relation to the Subscriber.
The Subscriber undertakes to ensure for any processing of data obtained from the Platform:
- appropriate legal basis in accordance with Article 6 GDPR;
- fulfillment of the obligation to inform data subjects about data processing from Articles 13 and 14 GDPR;
- respect for the rights of individuals under GDPR; and
- appropriate technical and organizational measures for the security of processing in accordance with Article 32 GDPR.
The Subscriber undertakes to use the data obtained through the Platform in accordance with applicable laws. Realtracing is not responsible for violations of GDPR or other applicable laws that may arise from the processing of Data by the Subscriber or Users. The Subscriber is entirely responsible for such processing.
7. Subscriber Indemnification Liability
The Subscriber undertakes to indemnify Realtracing for all damage that Realtracing may suffer due to a violation of this Policy or applicable regulations by the Subscriber or persons using the Platform based on the Subscriber's access.
The Subscriber undertakes to indemnify Realtracing in particular for damage that includes all claims of third parties, lawsuits, costs, proceedings, damages, fines and other expenses (including reasonable attorney fees) that have arisen or result from:
- violation of this Policy by the Subscriber;
- illegal processing of data obtained through the Platform;
- violation of personal data protection regulations;
- unauthorized resale, redistribution or disclosure of data obtained through the Platform to third parties; and
- claims of intellectual property rights holders arising from the Subscriber's unauthorized use of data obtained through the Platform.
The obligation from the previous paragraph applies regardless of whether Realtracing previously notified the Subscriber of the claim or proceeding, unless a delay in notification would substantially worsen the Subscriber's position in its defense.
Realtracing makes no warranties regarding the accuracy, completeness or currency of the Data. Realtracing is not responsible for business or other decisions made based on the Data.
8. Violation Reporting Mechanism
Violations of this Policy that you discover yourself or in the activities of third parties can be reported to Realtracing via the following contact details:
REALTRACING, computer programming, d.o.o.
Ulica škofa Maksimilijana Držečnika 6
2000 Maribor
Phone number: 031 291 856
Email address: info@realtracing.com
Realtracing will give appropriate attention to received reports and will respond within a reasonable time to the best of its ability. Realtracing reserves the right to decide at its own discretion whether to act on individual reports and which measures from Section 8 of this Policy to apply.
Reports that are obviously unfounded or submitted with the intention of harassment are considered a violation of this Policy and are sanctioned in accordance with Section 8 of this Policy.
9. Consequences of Violations, Sanctions and Graduated Measures
Upon discovery of a violation of this Policy, Realtracing reserves the right to take one or more of the following measures at its own discretion and in accordance with the principle of proportionality regarding the severity of the violation:
- written warning for cases of minor or one-time violations such as exceeding use limits due to integration error, accidental publication of Data fragments, etc.;
- restriction of access to certain Platform functionalities for cases of recurring minor violations or suspected exceeding of licensing rights;
- temporary suspension of access for cases of intentional violations of prohibitions in Sections 4.a or 4.b or unauthorized bulk exports of data from the Platform;
- immediate suspension without prior warning for cases of security incidents, detected resale of data obtained from the Platform or other serious violation of personal data protection;
- permanent suspension of access and contract termination for cases of repeated serious violations, resale of data obtained from the Platform or creation of competing products based on Realtracing's Database.
Prior to implementing measures from bullets 2 and 3, Realtracing will give the Subscriber prior warning and allow correction of the violation within 48 hours of receipt of the warning, unless the nature or severity of the violation makes such warning inappropriate or impracticable.
In the case of measures from bullets 4 and 5, the Subscriber is not entitled to refund of already paid subscription fees, unless expressly provided otherwise in the master agreement.
In addition to the measures in the previous paragraph, Realtracing reserves the right to exercise all available civil and criminal remedies, including claims for damages, cessation of violation and remediation of its consequences.
Realtracing will notify the Subscriber of the reasons for any measure taken. The Subscriber has the right to request a review of the decision in writing within 15 days of receipt of the notification. Realtracing will conduct the review and notify the Subscriber of the result within 15 business days.
10. Policy Changes
Realtracing reserves the right to unilaterally amend this Policy to comply with legislative requirements, technological risks or business needs.
Changes that significantly expand prohibitions or limit Subscriber rights will be communicated to the Subscriber at least 30 days before their effective date, either by email to the registered address or via notification upon login to the Platform.
Clarifying, editorial or other minor changes that have no substantive consequences become effective upon publication of the updated Policy on the Realtracing website.
Continued use of the Platform after the changes become effective means that the Subscriber accepts the updated Policy. If the Subscriber does not agree with material changes, they have the right to terminate the subscription relationship within 15 days of receipt of notification of such change.
11. Applicable Law and Dispute Resolution
The laws of the Republic of Slovenia apply to all disputes arising from or related to this Policy.
For the resolution of disputes from the previous paragraph, the competent substantive court of Republic of Slovenia shall have jurisdiction.