Terms of Use

This is an English translation provided for convenience. In case of any discrepancy, the Macedonian version prevails.

These Terms of Use (the “Terms”) govern the use of the software service available at popolni.mk (“popolni.mk”, the “service”). The service is offered by Друштво за менаџмент и бизнис консалтинг ПРОБИС-КОНСАЛТ ДООЕЛ Скопје (PROBIS-KONSALT DOOEL Skopje), ЕМБС 7513615, ЕДБ 4057021555700, with its registered seat at ул. Драгутин Аврамовски Гуте бр. 32, Општина Карпош, Скопје (“we”, “us”). “popolni.mk” is the trade name of the service.

By creating an account, accepting these Terms in the application, activating a subscription, making a payment or using the service, you confirm that you are authorised to represent your office and to enter into an agreement on its behalf.

By accepting these Terms, you also accept the Privacy Policy, as well as the Data Processing Addendum which forms an integral part of these Terms. If you do not agree with them, do not use the service.

1. What the service is

popolni.mk is a software service that helps notary, law and accounting offices fill in the documents they already use in their work more quickly.

You upload a document you already use in your work. popolni.mk recognises which parts of the document change from one case, client or party to another, and then fills them in with the data you provide. In the end you receive a finished Word file.

The appearance, structure and formatting of your document remain as you set them.

2. Accounts and access

popolni.mk is used by invitation. We open accounts individually, for each office.

You are responsible for safeguarding your access credentials and for all activities carried out through your account.

If you suspect that someone has gained unauthorised access to your account, notify us immediately.

3. Acceptable use

When using the service, you must not:

• resell, rent out or transfer the service to third parties without our prior written consent;
• use the service contrary to the law or to process data for which you have no legal basis;
• attempt to compromise the security of the system, overload it or otherwise harm it;
• enter content that infringes the rights of third parties;
• reverse engineer, disassemble, copy or make unauthorised modifications to the software.

4. Your content and your responsibility

The content you enter into popolni.mk (documents to be filled in, images, scans, audio recordings, text and other materials) remains yours. We acquire no ownership rights over it.

You are responsible for the lawfulness, accuracy and your right to process the data you enter, including the personal data of your parties, clients or associates.

For that personal data, your office is the controller and popolni.mk is the processor. This processing is governed by the Data Processing Addendum which forms an integral part of these Terms, and by our Privacy Policy.

5. The role of popolni.mk and the accuracy of documents

popolni.mk transfers into your document the data you enter or that is read from the documents you have uploaded. Reading is performed through automated processing, and the data found is entered into the corresponding fields.

popolni.mk does not provide legal, accounting or other professional advice. The service does not decide on your behalf, does not interpret facts and does not take over your professional responsibility.

popolni.mk does not fill in data based on its own judgment. If a piece of data cannot be found, the field remains empty.

The final check is always yours. No document is considered final until you have reviewed, confirmed and downloaded it. You are responsible for the content of the documents you use, issue or deliver.

6. Subscription, prices and payment

The service is offered as a monthly subscription, based on the volume of documents you download. The specific conditions are agreed when the account is set up for each office.

The first 50 downloads are free as a trial, with no obligation. We activate the trial period manually for your account.

Amounts paid are non-refundable, unless the law or a separate agreement provides otherwise.

If the subscription is not paid on time, we may restrict or terminate access to the service, following prior notice.

7. Intellectual property

The popolni.mk software, its code, design, structure, functionality, names and all related rights remain our property.

These Terms grant you a limited, non-transferable and non-exclusive right to use the service for the duration of your subscription.

You must not copy, modify, sell, license, disassemble or otherwise use the software without authorisation.

8. Confidentiality

Both parties undertake to keep confidential the business, technical and other information they receive in the course of the cooperation.

This obligation does not apply to information that is publicly available, that was already known to the receiving party or that must be disclosed on the basis of law, a court decision or a request from a competent authority.

9. Availability of the service

We strive to keep popolni.mk available and working reliably, but we do not guarantee that the service will always be uninterrupted, error-free or without technical outages.

We may carry out maintenance, upgrades or changes to functionality. For more significant interruptions, where possible, we will notify you in advance.

10. Limitation of liability

The service is provided in the state in which it is available. We do not guarantee any particular business, legal or other outcome beyond the function of the service: transferring the entered and read data into your document.

We are not liable for indirect, consequential or incidental damages, for lost profit, lost revenue, interruption of work or loss of data, where these arose outside our control.

To the extent permitted by law, our total liability is limited to the higher of the following two amounts:

• the amount you paid for the service in the twelve months preceding the event giving rise to the liability; or
• 6,000 Macedonian denars.

These limitations do not apply to damage caused by intent or gross negligence, nor to liability that under mandatory regulations cannot be limited or excluded.

11. Termination

You may cancel your subscription in accordance with the agreed conditions.

Upon expiry of the subscription, access to the service ends. We recommend that you download the documents you need in good time.

After the end of the cooperation, we delete or anonymise your data in accordance with the Privacy Policy, except where the law requires longer retention.

12. Protection of personal data and processing on behalf of the office

The processing of personal data is described in our Privacy Policy.

Where popolni.mk processes data relating to your user account, billing, support and security, popolni.mk acts as a controller.

Where through the service you enter documents to be filled in, other documents, images, scans, audio recordings, text or other materials containing personal data of your parties, clients, employees or associates, your office is the controller and popolni.mk is the processor.

The conditions under which popolni.mk processes that data on behalf of your office are set out in the Data Processing Addendum below. That Addendum forms an integral part of these Terms and is accepted electronically together with them. No separate manual signature is required, unless the parties expressly agree otherwise.

13. Changes to the Terms

We may change these Terms. In the case of significant changes, we will notify you by email or through a notice in the application.

If you continue to use the service after the changes take effect, you are deemed to have accepted the new Terms.

If a significant change substantially reduces your rights, you may cancel your subscription before the change takes effect. The amended Terms do not affect a period already paid for, unless required by law.

14. Governing law and jurisdiction

These Terms are interpreted and applied in accordance with the laws of the Republic of North Macedonia.

For all disputes that cannot be resolved amicably, the courts in Skopje have jurisdiction, in accordance with mandatory regulations.

15. Contact

For questions regarding these Terms, you can contact us at:

• Email: kontakt@popolni.mk
• Phone: 071 237 331

Друштво за менаџмент и бизнис консалтинг ПРОБИС-КОНСАЛТ ДООЕЛ Скопје (PROBIS-KONSALT DOOEL Skopje), ЕМБС 7513615, ЕДБ 4057021555700, ул. Драгутин Аврамовски Гуте бр. 32, Општина Карпош, Скопје, North Macedonia.

Data Processing Addendum

This Data Processing Addendum (the “Addendum”) forms an integral part of the popolni.mk Terms of Use. By accepting the Terms, the office also accepts this Addendum.

1. Roles of the parties

With regard to the personal data you enter into popolni.mk as part of documents to be filled in, other documents, images, scans, audio recordings, text, conversations in the application or other materials (“Office Content”), your office is the controller and popolni.mk is the processor.

popolni.mk processes that data only on behalf of the office and in accordance with its documented instructions.

With regard to the data required for the user account, billing, support, security and administration of the service, popolni.mk acts as a controller, in accordance with the Privacy Policy.

2. Subject matter and duration of the processing

The subject matter of the processing is the provision of the popolni.mk service: uploading documents to be filled in, reading entered materials, extracting relevant data, filling in documents, creating finished Word files, technical support, security, backups and maintenance of the system.

The processing lasts for as long as the office uses the service and thereafter only as long as necessary for deletion, return, backups, legal obligations or protection against legal claims, in accordance with the Privacy Policy.

3. Nature and purpose of the processing

The processing is carried out in an automated and electronic manner.

The purpose of the processing is to enable popolni.mk to perform the service requested by the office: filling in documents on the basis of the documents and data it enters.

popolni.mk does not use data from the Office Content for advertising, resale, profiling or for its own purposes unrelated to the service.

4. Types of personal data

Depending on the documents the office enters, the following types of personal data may be processed:

• first name and surname;
• address;
• EMBG (personal identification number) or another identification number;
• data from identity documents;
• contact details;
• signature;
• data about parties, clients, attorneys-in-fact, representatives, employees or associates;
• data contained in statements, contracts, certificates, reports and other documents;
• other data that the office itself enters into the service.

popolni.mk does not determine which data will be entered. That is determined by the office as the controller.

5. Categories of data subjects

Personal data may be processed relating to:

• parties and clients of the office;
• attorneys-in-fact, representatives and authorised persons;
• employees and associates;
• contact persons;
• other persons whose data is contained in the documents the office enters.

6. Documented instructions

The office gives instructions to popolni.mk through:

• these Terms and this Addendum;
• the settings and actions in the application;
• the documents and data it enters;
• the support requests it sends to popolni.mk.

popolni.mk processes personal data only in accordance with those instructions, unless the processing is required by law. If popolni.mk considers that an instruction infringes the law or the regulations on the protection of personal data, it will notify the office.

7. Confidentiality

popolni.mk ensures that the persons who have access to personal data are bound by confidentiality or are under a statutory obligation of confidentiality.

Access to the data is limited to persons who need that access to provide, maintain, secure or support the service.

8. Security measures

popolni.mk applies appropriate technical and organisational measures to protect personal data, including:

• encrypted communication over HTTPS/TLS;
• storage of data on protected servers;
• access restricted per office;
• access control to the systems;
• storage of passwords only as a cryptographic hash;
• backups;
• measures for the confidentiality, integrity and availability of the system;
• monitoring and maintenance of the security of the service.

A more detailed description of the security measures is given in the Privacy Policy and can be provided on request, to a reasonable extent.

9. Sub-processors

The office grants popolni.mk a general authorisation to engage sub-processors where this is necessary to provide the service.

The current list of sub-processors is set out in the Privacy Policy. popolni.mk will notify the office of a planned change of sub-processors by email, a notice in the application or a publication in the Privacy Policy.

The office has the right to raise a reasonable objection to a new sub-processor. If the parties cannot find an acceptable solution, the office may stop using the service.

popolni.mk enters into agreements with the sub-processors imposing on them personal data protection obligations at least to the extent necessary to fulfil this Addendum.

popolni.mk remains liable to the office for the performance of the sub-processors’ obligations.

10. Transfers outside North Macedonia and the European Union

Where the provision of the service requires a transfer of personal data outside North Macedonia or the European Union, popolni.mk applies appropriate safeguards in accordance with the applicable regulations, including standard contractual clauses or other permitted mechanisms.

Data is not transferred to third parties for marketing, advertising or resale.

11. Assistance to the office

Taking into account the nature of the processing, popolni.mk will assist the office, to a reasonable extent, with:

• the exercise of the rights of data subjects;
• deletion, rectification or restriction of data where this is technically feasible;
• fulfilling the obligations regarding the security of the processing;
• data protection impact assessments, where applicable;
• handling a security incident.

Where a request concerns personal data of parties entered by the office, the office remains responsible for the response to the data subject, and popolni.mk assists as the processor.

12. Security incidents

If popolni.mk becomes aware of a breach of the security of personal data processed on behalf of the office, it will notify the office without undue delay.

The notification will contain the information available to popolni.mk that is reasonably necessary for the office to be able to fulfil its legal obligations.

13. Deletion or return of data

After the use of the service ends, popolni.mk will delete or anonymise the personal data in the Office Content in accordance with the Privacy Policy, unless the law requires the data to be retained longer.

The office should download the documents it needs in good time before the service ends.

14. Information and verification

popolni.mk will make available to the office reasonable information necessary to demonstrate compliance with the obligations under this Addendum.

If additional verification is needed, the parties will agree on a reasonable manner, time and scope of the verification, taking into account security, confidentiality, business secrets and the rights of other users.

15. Validity of the Addendum

This Addendum applies for as long as popolni.mk processes personal data on behalf of the office.

In the event of a conflict between this Addendum and another part of the Terms, this Addendum prevails with regard to the processing of personal data on behalf of the office.