Terms and conditions
Terms of Service
The service "PARTICIPATE OIDP" is offered by the IOPD. The use of PARTICIPATE OIDP is subject to the below terms and conditions. Using PARTICIPATE OIDP constitutes acceptance of these terms and conditions. Any deviation from these terms and conditions is possible only by means of written confirmation by IOPD.
Article 1. Use of the service
1.1 PARTICIPATE OIDP will be guided by the needs of users and place their interests first in priorities. The service PARTICIPATE OIDP allows you to create a profile, share content, participate in online discussions, present proposals, vote on proposals, give feedback about the platform, and engage with other users. IOPD does not actively assist in doing so but does moderate to ensure the service is used legally and appropriately.
1.2 To interact on PARTICIPATE OIDP, you first need to become a member of IOPD, sign up to the PARTICIPATE OIDP platform and create a profile.
1.3 Only members of IOPD can participate (present proposals, comment and vote), but any person or institution can access PARTICIPATE OIDP as a visitor and see all the information and processes.
1.4 You must make sure no one can access your account using the username and password. In particular you must keep the password strictly confidential. IOPD may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified IOPD that someone else knows your password.
1.5 PARTICIPATE OIDP processes your personal data. Using this service you give your consent for all forms of processing within the scope of the service. This information will not be processed anywhere further.
2.1. Your access to use PARTICIPATE OIDP services signifies that you have read, understood, and agreed to be bound by the terms. By accessing or using any services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any services. If you do not agree to the Terms, you are not authorised to use any Services.
2.2 It is not permitted to use PARTICIPATE OIDP for any illegal purpose or in violation of any local, national or international law. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous, sexist or racist, or to create profiles on under the names of other people or to pretend to be another person, or a moderator/maintainer of PARTICIPATE OIDP. Likewise, any violation or encouragement of others to violate any right of or obligation to a third party will not be tolerated, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
2.3 In addition, on PARTICIPATE OIDP it is forbidden to
• violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
• share content that is erotic or pornographic in nature;
• advertise or promote a business or for-profit activity;
• encourage or provide detailed information on cybercrime, such as by posting hacks or exploits for bugs; and to do anything that violates applicable netiquette or the generally accepted customs that apply at the specific area where the violation occurred;
• engage in any conduct that violates IOPD’s values.
• post or transmit content on or through PARTICIPATE OIDP that is harmful, offensive, obscene, abusive, invasive of privacy, hateful, discriminatory, defamatory, false or misleading.
2.4. IOPD will not allow use of PARTICIPATE OIDP that could disable, overburden, damage, or impair the functionalities, or interfere with any other party's use and enjoyment of those functionalities.
2.5. The service allows users to share their contact email address with other members of PARTICIPATE OIDP. Contacts should not be used for purposes other than those connected to IOPD’s activities.
2.7. If in the opinion of IOPD the continued functioning of the computer systems or network of IOPD or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, IOPD may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
Article 3. Availability and maintenance
3.1 IOPD uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2 IOPD actively maintains PARTICIPATE OIDP. In case maintenance is reasonably expected to negatively impact availability, IOPD shall carry out such maintenance at night CET. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.3 IOPD may from time to time adapt PARTICIPATE OIDP platform. Your feedback and suggestions are welcome to improve design and performance but ultimately IOPD decides which adaptations to carry out (or not). Substantial changes to decision-making processes will be decided by IOPD’s Technical Secretariat.
Article 4. Intellectual property
4.1 The service PARTICIPATE OIDP, the accompanying software as well as all information and images on the website is the intellectual property of IOPD. PARTICIPATE OIDP’s source code is based on Decidim.Barcelona, developed by the City Council of Barcelona. Decidim and also PARTICIPATE OIDP are licensed under Creative Commons Non Commercial Share Alike. These items may be copied just with prior written permission of IOPD.
4.2 Information you store or process using the service is non-confidential. The aim of the PARTICIPATE OIDP platform is precisely to share practices and to encourage mutual learning.
4.3 The intellectual property of the contents shared on PARTICIPATE OIDP belongs to the person producing them and it is licensed under Creative Commons Non Commercial Share Alike.
4.4 You can terminate the license of the previous clause by removing the information in question and/or to terminate the agreement. Such termination shall not affect historical documents published by IOPD.
4.5 You may change or remove content you publish or store on PARTICIPATE OIDP at your own discretion, within the limits set by the service. If you delete content, IOPD will use reasonable efforts to remove it from the platform, but you acknowledge that caching or references to the content may not be made immediately unavailable.
4.6 If you send information to IOPD, for example by flagging a user or sending a bug report or suggestion for improvement, you grant IOPD a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.7 IOPD shall refrain from accessing data you store or transfer using PARTICIPATE OIDP, unless this is necessary for a good provision of the service or IOPD is forced to do so by law or order of competent authority. In these cases IOPD shall use its best efforts to limit access to the information as much as possible.
Article 5. Compensation for the service
5.1 PARTICIPATE OIDP is offered completely at no charge.
Article 6. Limitation of liability
6.1 Except in case of intentional misconduct or gross negligence IOPD shall not be liable for the use of the service or any damages in connection therewith.
6.2 IOPD is in no event liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3 Damages may only be claimed if reported in writing to IOPD at most two months after discovery.
6.4 In case of force majeure IOPD is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1 This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2 If you wish to terminate this agreement and your account on PARTICIPATE OIDP, you can delete your account.
7.3 IOPD is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event IOPD will send two reminders to the e-mail address connected to your account.
Article 8. Changes to terms
8.1 IOPD may change or add to these terms and conditions at any time. It can include changes, removals or additions to the Terms, and IOPD reserves the right to do so in discretion.
8.3 IOPD shall announce through the service changes or additions at least ten days before their taking effect.
8.4 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of PARTICIPATE OIDP after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions and therefore your consent with changes.
Article 9. Miscellaneous provisions
9.1 Spanish law applies to this agreement.
9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with PARTICIPATE OIDP shall be brought before the competent Spanish court for the principal place of business of IOPD.
9.3 For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the PARTICIPATE OIDP service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4 The version of any communication of information as recorded by IOPD shall be deemed to be authentic, unless you supply proof to the contrary.
9.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6 IOPD is entitled to transfer its rights and obligations under this agreement to a third party.