Terms and Conditions
General information
In compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the User is informed that the owner of the tool decidim.eurecatprojects.com - hereinafter the application - is FUNDACIÓ EURECAT, whose identification data are the following:
Company name: FUNDACIÓ EURECAT – hereinafter EURECAT -.
Registered office: Avda. Universidad Autónoma, 23
CP: 08290. Town: Cerdanyola del Vallès. Province: Barcelona
CIF: G66210345
Email: legal@eurecat.org
Registration data: Registered in the Registry of Foundations of the Generalitat of Catalonia with number 2826.
Legal aspects and conditions of use of the participation platform decidim.eurecatprojects.com
Basic information on data protection:
Responsible for the treatment: FUNDACIÓ EURECAT – hereinafter Eurecat -.
Purpose of the treatment: to manage contact with citizens and interested persons to participate more actively in the acts, bodies and participation and decision-making processes facilitated through the platform, including the political opinions of users that they may publish.
Legal basis for the treatment: it is the user's consent by accepting the terms and conditions of use.
Recipients of the data: Eurecat. Data will not be communicated to third parties except by legal obligation.
Rights: to exercise your rights of access, rectification and deletion as well as other rights recognized in the regulations you can send an email to legal@eurecat.org .
This legal notice informs in a concise way the main aspects of the digital participation platform decidim.eurecatprojects.com, promoted by Eurecat. The platform aims to promote citizen participation and direct, deliberative and participative democracy through different processes, spaces and participation bodies, generating forms of direct and open interaction. The platform is aimed at promoting citizen deliberation and debate, the transparency and traceability of participation (in no case to trace users), and the generation of face-to-face and digital sharing spaces.
The user who accesses this platform agrees to accept and comply with all the provisions of this legal notice and all applicable provisions. The user also undertakes to make a lawful and adequate use of the content and services and to refrain from any illegal conduct or conduct contrary to good faith.
The decidim.eurecatprojects.com platform is managed by Eurecat's Big Data & Data Science unit.
A. Scope of application of these conditions of use
The conditions of use for participation in the decidim.eurecatprojects.com platform bind all people who participate in this website. At the time of registration you will be asked to accept these conditions.
The Eurecat Foundation reserves the right to modify the present conditions for the platform and will publish the latest version of these conditions on this website. To stay informed of future changes, we advise you to visit this page from time to time. Users will be informed of modifications when they affect privacy and/or security.
B. Purpose of the initiative
Through the platform decidim.eurecatprojects.com, the Eurecat Foundation wants to promote citizen participation in an open and transparent manner and involve citizens and different social agents in improving the democratic quality of society, in relation to different topics such as climate emergency. In this way, we seek to address the challenges and difficulties that arise in society, with the aim of improving it and opening it to all citizens through multiple processes, spaces, bodies and other forms of citizen participation.
C. General aspects of participation in the platform decidim.eurecatprojects.com
Any natural person over 14 years of age who has previously registered on the decidim.eurecatprojects.com platform can participate. By accepting these conditions of use, the registered person declares that she or he is 14 years of age or older. The adults on whom the minors depend are responsible for the actions of these minors on the decidim.eurecatprojects.com platform. The platform also allows the possibility of opening the registry to entities, groups, groups and/or citizen organizations and relevant actors in the city.
As the decidim.eurecatprojects.com platform is a meeting point that has the objective of promoting citizen participation, users are obliged to use it diligently and in accordance with this objective.
Eurecat is not responsible for the incorrect use of the decidim.eurecatprojects.com platform by users or the content they contribute. Each user is responsible for using the platform correctly, as well as for the legality of the content and opinions they have shared.
It is not allowed to add any illegal or unauthorized content to the website, such as information that has the following characteristics:
that is false or deceptive;
that infringes any right of the City Council or any third party, such as copyright, trademarks or other intellectual and industrial property rights or other related rights;
that violates the privacy of a third party, such as publishing personal details of the participants, such as the name, address, telephone number, email, photographs or any other personal information;
that contains viruses, trojans, robots or other programs that may harm the website or systems of Eurecat or the website or system of any third party, or that are intended to circumvent technical measures designed for the correct functioning of the platform;
that attempts to send spam to the users or overload the system;
that has the character of a chain of messages, pyramid game or game of chance;
that has commercial purposes, such as posting job offers or advertisements;
that is not in accordance with public decency; Consequently, the content must not incite hatred, discriminate, threaten, provoke, or have a sexual, violent, rude or offensive meaning or character;
that infringes a law or applicable regulation;
that carries out campaigns promoting mass voting for other proposals not related to the process and framework of debate, or
that creates multiple users pretending to be different people (astroturfing).
Eurecat is not responsible for the quality, originality, authenticity, legality or security of the content that users contribute to the platform. However, Eurecat reserves the right to eliminate from the decidim.eurecatprojects.com platform opinions, information, comments, proposals or files that contradict these conditions of use, and may install filters for this purpose. All of this will be done solely in order to preserve the fundamental objective of the decidim.eurecatprojects.com platform. Eurecat also reserves the right - without prior notice - to temporarily suspend the activities of a participant on the platform, deactivate their account in any way, delete its content, delete the account or send a notice, in particular, and without be limited to this, in the following cases:
if a violation of these conditions of use of the participation platform occurs and
if Eurecat believes that the participant's activity is harmful to others, to the website or to Eurecat.
The participant is responsible for the content of their contributions and for any damages or claims from third parties that may arise. In no case will Eurecat be responsible for the improper use of the site, the platform or the contents that are shared, nor will it be responsible for the use that a natural person makes of the ideas provided, nor for the suitability of these ideas, nor for the results that are derived. In the event that the content includes a link to another website, Eurecat does not assume any type of responsibility for damages and/or losses due to access to the contents of this link, nor for the content that may be in this same link. In the event that a dispute of any kind or for any reason arises between the participants on the website or a third party, Eurecat is exempt from all liability for claims, demands or damages of any nature that are related in any way with this dispute.
On the other hand, Eurecat will do everything possible to keep the tool in good working order, avoiding errors, or repairing them and keeping the contents updated. However, Eurecat does not guarantee the availability and continuity of access to the tool or the absence of errors in the content.
D. Platform operation
Participants can access and navigate the decidim.eurecatprojects.com platform freely and anonymously. Only when they want to carry out some action that involves creating, supporting or commenting on a proposal or participating in a debate will it be necessary to register in advance. Registration that will allow the user to participate on the platform by making comments in a section or creating proposals must be carried out by entering the following data: username, email, password and acceptance of the conditions of use.
The platform also allows the possibility of registering entities, groups and/or organizations, and in this case, the following data will be requested: name of the organization, responsible person, email, telephone number, password and acceptance of the conditions of use.
E. Information about the processing of personal data
Both data privacy and information confidentiality are important aspects that we take into account when managing this platform. This data protection policy establishes the way in which personal data obtained through the decidim.eurecatprojects.com platform is treated and may vary over time due to possible legislative, jurisprudential changes or the criteria followed by the Catalan Data Protection Authority and/or the competent authority at all times. That is why the entity reserves the right to modify this policy to adapt it to legislative or jurisprudential developments that are in force at the precise moment in which the website is accessed.
1.- Identification of the owner responsible for the treatment:
The owner responsible for the processing of user and subscriber data is:
EURECAT FOUNDATION – G66210345; Address: Avda. Universidad Autónoma, 23 - 08290 Cerdanyola del Vallès (Barcelona); Email: legal@eurecat.org
Data Protection Officer: dpo@eurecat.org
2.- Purpose of the treatment, legal basis and conservation periods
decidim.eurecatproject.com is a digital platform that allows managing contact with people interested in participating in the participation processes facilitated by Eurecat. Personal data will be processed for the following purposes:
manage user queries and respond to any request sent to us through the forms enabled on the website or any other means of contact.
manage subscriptions to which users register.
develop statistical analyses, measurements and market studies on participation processes, users and their needs, trends, interests and preferences.
send informative communications (such as sending the electronic newsletter): At the time of the collection of personal data you will be asked for your consent to be able to send you information about the activities, content and processes related to this platform. The user may revoke her consent at any time, communicating her desire not to receive further communications by following the instructions indicated at the bottom of each of the shipments she receives.
Images: Given that the right to one's own image is recognized in LO 1/1982 as civil protection of the right to honor, personal and family privacy and one's own image, the user can only publish images of public officials or third parties that in an accessory way participate in a public event. In other cases, the user will have to have the relevant authorization to carry out the publication.
Special categories of data: Political opinions are considered special categories of data. Eurecat requires explicit consent to be able to publish them on the platform.
The legal basis for the aforementioned treatments is the consent that is considered granted by checking the corresponding box enabled for this purpose. In such a way that the form cannot be submitted without having marked the checkbox.
The conservation period: the data collected will be kept for the time strictly necessary to fulfill the purpose for which it was collected and, in any case, to determine the possible responsibilities that may arise from this purpose, taking into account the periods established in the corresponding regulations.
3.- Recipients of personal data
Your personal data will not be transferred to third parties except by legal obligation to judges and courts that request it through judicial means or in the framework of a police investigation.
Your username is public, therefore it will be visible on the platform. Please note that images and communications made on the platform (comments, proposals, etc.) will also be publicly accessible. However, data related to decision-making (e.g. that you support a proposal), nor your email address, will never be made public.
The international transfer of your data is not foreseen.
4.- Rights of the holders of the data
Anyone has the right to obtain information about what data is being processed. Below, we indicate your rights:
The interested persons have the right to access their personal data, as well as to request the rectification of inaccurate data or, if applicable, request its deletion (and right to be forgotten) when, among other reasons, the data is no longer necessary for the purposes for which they were collected.
In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case they will only be kept for the exercise or defense of claims.
In certain circumstances and for reasons related to their particular situation, the interested parties may object to the processing of their data. The entity will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims.
Portability: The interested party will have the right to receive the personal data that concern her or him, which she or he has provided in a structured, commonly used and machine-readable format when: a) the treatment is based on consent or a contract, and b) the treatment is carried out by automated means.
IMPORTANT REFERENCE TO THE RIGHT TO BE FORGOTTEN AND DELETED DATA:
In relation to the comments, contents and contributions carried out and published by the users themselves, it must be taken into account that in some cases, and given the public nature of the initiative, the right to be forgotten and / or the suppression of certain data can not be enforced.
However, anonymization of the data will be carried out as long as this process does not hinder the follow-up of the corresponding citizen initiative.
We inform you of your right to file a claim with the control authority (APDCAT.- www.apdcat.gencat.cat) in the event that you have not seen satisfied the exercise of your rights here indicated.
To exercise the aforementioned rights you can contact us by email: dpo@eurecat.org.
Within a maximum period of one month we will resolve your request through the same means that you used initially.
In the event that you do not obtain a satisfactory response and wish to make a claim or obtain more information regarding any of these rights, you can go to the Spanish Data Protection Agency (www.agpd.es – C/ Jorge Juan, 6 from Madrid).
5.- Safety in the treatment
Eurecat informs that the processing of personal data is carried out at all times in accordance with the applicable regulations on data protection and information society services.
Eurecat has implemented the necessary technical and organizational security measures that guarantee the security of the User's personal data and prevent its alteration, loss, treatment and/or unauthorized access in accordance with the state of technology, the nature of the stored data and the risks to which they are exposed, whether they come from human action or the physical or natural environment, in accordance with that provided for by current regulations.
6.- Responsibility
The User is solely responsible for the use that may be made of any information or mechanism of the tool.
Eurecat will not be responsible for any damage to the User's hardware and/or software resulting from access and use of the tool. Likewise, it will not be responsible for these damages and/or losses that may be caused by the access and/or use of the information in the tool, and specifically for those that may occur in computer systems or those caused by viruses/or computer attacks, crashes, interruptions, absence or defect in communications and/or the Internet. The User will be responsible for any damages and/or losses that Eurecat may suffer as a result of non-compliance with any of the obligations to which it is subject through the Terms and conditions of use.
F. Conditions for the treatment of the contents provided by the users
These conditions regulate the terms applicable to the content sent by users of this platform through the corresponding form (hereinafter, the "content"). The content does not include those personal data (expect the public name of the user) that are provided when registering and verification, only includes public content provided by the user (comments, proposals ,...). These conditions apply to both the content initially sent to the platform and to any content that is subsequently sent:
Non-confidentiality:All content sent by the user on the platform must be capable of being known by the general public. Therefore, Eurecat will treat such content as non-confidential information.
Procedure: If the Eurecat Foundation is interested in the content sent by the user, it can contact the user to request additional information, without Eurecat acquiring - due to this fact - any commitment with respect to the user. This information will be non-confidential, without prejudice to the fact that, if the parties consider the need to exchange confidential information, a confidentiality agreement will be signed. All this without prejudice to the provisions of the section relating to "Intellectual and industrial property rights".
Publicity or dissemination of the contents presented: The participants in the platform declare that they know and accept the fact that the information provided may be published on the websites owned by Eurecat, as well as through other means that the organization considers appropriate to publicize this initiative.
Intellectual property: Unless otherwise indicated, the content protected by the intellectual property that the user contributes to this website will be subject to a Creative Commons - Attribution - Share Equal (CC-BY-SA) license.
Warning and withdrawal procedure: Any person, with reasoned reasons, may request the removal of content that fails to comply with the legal notice and the present conditions of use. The request shall be directed to Eurecat's legal department, sending an email to legal@eurecat.org. Eurecat will process these requests and reserves the right to make the appropriate checks or verifications prior to removing any content.
G. Copyright, reuse of information and other rights to the website and its contents
The platform encourages the use of open licenses, the creation of derivative works and the reuse and modification of the works contained on this website, as long as the original authorship is recognized and the same license is maintained on the resulting work. Unless otherwise indicated, the content protected by intellectual property disseminated on this website is subject, by default, to a Creative Commons - Attribution - Share Alike (CC-BY-SA) license. In accordance with this license, any person (including Eurecat) may use the protected content, both for commercial and non-commercial purposes, as long as the authorship is acknowledged and the resulting work is disseminated under the same CC-BY-SA license. This license will apply to both the content provided by Eurecat and the content provided by the users of this website.
Eurecat allows the reuse of all information and data disseminated through this website, subject to the following conditions:
You must properly acknowledge authorship, provide a link to the license, and indicate if changes have been made.
You cannot imply that Eurecat sponsors or supports the activity in which the information is reused.
Eurecat will respect all intellectual or industrial property rights on the content sent by users, and does not assume any responsibility, direct or indirect, regarding any type of controversy, dispute and/or litigation that may arise from the publication, disclosure and/or the dissemination of the contents provided without the mandatory consent of their legitimate owners or without protection of any use permitted by law.
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