Terms and conditions of use

LEGAL NOTICE AND TERMS AND CONDITIONS OF ACCESS TO AND USE OF THE PEMB PARTICIPATION PLATFORM, capitalofdemocracy.barcelona

For the purposes of complying with Article 10 of Act 34/2002 on Information Society and E-Commerce Services, we hereby provide users with information on our data:

Association name: ASSOCIACIÓ PLA ESTRATÈGIC METROPOLITÀ DE BARCELONA

Registered office: Carrer de Concepció Arenal, 165, 08027 Barcelona, (Barcelona)

Tax identification nº. (NIF): G60489937

Telephone nº: 933187051

Email address: [email protected]

Website: capitalofdemocracy.barcelona

Registration Details: Registered with the Associations Register, under entry number 15.018

1. SUBJECT MATTER

ASSOCIACIÓ PLA ESTRATÈGIC METROPOLITÀ DE BARCELONA (henceforth the provider) being responsible for the website, hereby provides users with this document governing the use of the capitalofdemocracy.barcelona website with which we aim to meet the obligations set out in Act 34/2002, on Information Society and E-Commerce Services (LSSICE or LSSI), as well as provide users with information on the website regarding its terms and conditions of use.

ASSOCIACIÓ PLA ESTRATÈGIC METROPOLITÀ DE BARCELONA enables users to access and use various services and content made available through its website.

Anyone accessing this website shall assume the role of user (henceforth user), implying full and unreserved acceptance of each and every one of the provisions included in this legal notice, as well as any other legal provision that may apply.

As users they are required to carefully read this Legal Notice whenever they enter the website, as it may be subject to changes given that the provider reserves the right to change any type of information that may appear on the website, without any requirement to forewarn users or make them aware of such obligations, publication in the provider's website being sufficient.

B. AIM OF THE INITIATIVE

PEMB aims to use the capitalofdemocracy.barcelona platform to promote citizen participation openly and transparently, and to involve citizens and the various social players in improving the democratic quality of the city’s life as a whole, in defining and designing public policies and municipal initiatives, and also in assessing, informing, discussing, prioritising and deciding on public policies and initiatives, those of municipal institutions, as well as those of any citizen, association and social initiatives that so wish. The idea is to tackle the challenges and difficulties facing the city, with the aim of improving it and opening it up to all citizens by means of multiple processes, spaces and bodies, along with other forms of citizen participation.

PEMB opts for a participatory, direct and deliberative democracy by highlighting and fostering initiatives that may contribute, both individually and collectively, towards discussing, designing and/or assessing municipal and citizen initiatives for the common good. The platform also aims to facilitate and showcase debates, design, assessment, negotiations and changes, monitoring and appraisal of public policies that may be implemented outside the platform, for the purposes of offering citizens maximum transparency. That means capitalofdemocracy.barcelona must be able to accommodate future citizen participation and direct, participatory and deliberative democracy initiatives, including those promoting disintermediation between the municipal government and Barcelona’s citizens and those promoting and facilitating cooperation, association and self-organisation among citizens themselves.

2. TERMS AND CONDITIONS FOR ACCESSING AND USING THE WEBSITE

2.1. Free access and use of the website

Provision of ASSOCIACIÓ PLA ESTRATÈGIC METROPOLITÀ DE BARCELONA services is free for all users. However, some services the provider delivers through the website are subject to payment of a specific price set out under its general terms and conditions.

2.2. Users Register

Provision of the services does not generally require prior subscription. Nevertheless, ASSOCIACIÓ PLA ESTRATÈGIC METROPOLITÀ DE BARCELONA makes use of some of its services conditional on prior completion of the corresponding user register, as is active participation in it. This registration shall be carried out in the manner expressly indicated in the section of the service itself.

2.3. Truthfulness of the information

All information provided by users must be true. To that end, users guarantee the authenticity of the data communicated through the service subscription forms. Users shall be responsible for keeping all the information provided to ASSOCIACIÓ PLA ESTRATÈGIC METROPOLITÀ DE BARCELONA permanently up to date so that it corresponds at all times to their real situation. They shall be solely responsible and liable for any false or inaccurate declarations they make and for any damage, harm or loss they cause the provider or third parties.

2.4. Minors

To use the services, minors are required to always obtain prior consent from their parents, guardians or legal representatives, who are ultimately responsible for all the actions carried out by minors under their care. The responsibility for determining specific content accessed by minors falls to the former, so that, should they access inappropriate content through the internet, the former shall be required to establish measures in their computers, in particular computer programmes, filters and blocking, that enable them to restrict the available content and, while not infallible, are especially useful for controlling and restricting the materials that minors can access.

2.5. Obligation to use the website properly

Users undertake to use the website in accordance with legislation and this Legal Notice as well as with morals and propriety. To that end, users must refrain from using the website for unlawful or prohibited purposes, detrimental to third-party rights and interests, or which may in any way harm, disable, overburden, disrupt or impede the normal use of computer equipment or documents, files or any class of contents stored in any of the provider’s computer equipment.

In particular, and by way of illustration but not exhaustive, users undertake not to transfer, disseminate or make available to third parties information, data, contents, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any class of material whatsoever which:

• (a)      goes against, undermines or violates fundamental rights and public freedoms recognised in the Constitution, international treaties and other regulations in force;

• (b)      induces, incites or promotes actions that are criminal, degrading, defamatory, violent or which generally go against legislation, morals and public order;

• (c)      induces, incites or promotes actions, attitudes or thoughts that are discriminatory on the grounds of sex, race, religion, beliefs, age or condition;

• (d)      goes against the right to honour, personal or family privacy or self-image of individuals;

• (e)      in any way undermines the credibility of the provider or third parties; and

• (f)       constitutes unlawful, deceitful or unfair advertising.

3. HOW THE PLATFORM WORKS

Participants can access and browse through the capitalofdemocracy.barcelona platform freely and anonymously. They will only need to register when they wish to carry out an action that involves creating, supporting or commenting on a proposal or to participate in a debate. Registration allowing users to participate in the platform, comment on a section or create proposals requires the following data to be entered: user name, email, password and acceptance of the terms and conditions of use. Some pieces of information relating to the city residents register will be asked for (name and surname(s), organisation, municipality, postcode, position, email address and telephone number). These data will be used for the sole purpose of verifying the account, and will not be subsequently used.

The platform also enables associations, groups and/or organisations to register. In such cases they will be asked for the following data: name of organisation, contact in charge, email address, telephone number, password and acceptance of the terms and conditions of use.

Registered persons may interact with the platform through the various functions enabled for each of the participation processes (debates, proposals, meetings, etc.). Verified persons will be able to support proposals and take part in the processes for prioritising them.

4. EXCLUSION OF GUARANTEES AND LIABILITY

The provider is exempt from any type of responsibility arising from the information published on our website, provided that such information has been manipulated or entered by an outside third party.

This website has been revised and tested so that it operates correctly. In principle, it can operate correctly 365 days a year, 24 hours a day. Nevertheless, the provider does not rule out the possibility of software errors arising or force majeure events, natural disasters, strikes or similar circumstances occurring which would prevent access to the website.

ASSOCIACIÓ PLA ESTRATÈGIC METROPOLITÀ DE BARCELONA makes no guarantee nor does it accept any liability under any circumstances for any damage, harm or loss of any nature whatsoever which may arise from the lack of availability, maintenance or effective operation of the website or its services and content; from the existence of viruses, malicious or content-harming software; from uses that are unlawful, negligent, fraudulent or which breach this Legal Notice and terms and conditions of use; or from the lack of legality, quality, reliability, usefulness and availability of the services provided by third parties at the disposal of our website’s users.

The provider is not liable under any circumstances for any damage or loss that may arise from any unlawful or improper use of this website.

5. LINKS

Users may be redirected from the website to sponsored content, advertisements and/or affiliate and/or third-party website links. The links provided may include the possibility of information on or references to third-party products and/or services. Given that the website is unable to control content introduced by third parties, ASSOCIACIÓ PLA ESTRATÈGIC METROPOLITÀ DE BARCELONA does not accept any type of responsibility or liability for such content nor does it guarantee the experience, integrity or quality of those third-party products. The provider declares that it will proceed to immediately remove not only any content whatsoever which may violate national or international legislation, morals or public order but also any redirection to such websites, reporting the content in question to the competent authorities.

ASSOCIACIÓ PLA ESTRATÈGIC METROPOLITÀ DE BARCELONA will continue to publish such links published until they are deleted or cancelled by the provider or advertiser, and shall not be liable even where those announcements may be indexed by other search engines outside this website.

The provider shall not be responsible for any stored information or content, by way of illustration but not exhaustive, in forums, chats, blog generators, social media or any other medium that enables third parties to publish content independently on the provider’s website. Nevertheless and in accordance with the provisions of Articles 11 and 16 of the LSSICE, the provider puts itself at the disposal of all users, authorities and public safety or security forces, actively collaborating in the removal or, where necessary, blocking of all content that may affect or violate national or international legislation, third-party rights or morals and public order. Any users who believe there may be content that falls under this category are requested to report this immediately to the website administrator.

Nevertheless, ASSOCIACIÓ PLA ESTRATÈGIC METROPOLITÀ DE BARCELONA hereby informs its users that any contractual or non-contractual relationship that users enter into with such third parties, affiliates or advertisers through links provided by this website shall be solely and exclusively valid between those users and advertisers and/or third parties and that ASSOCIACIÓ PLA ESTRATÈGIC METROPOLITÀ DE BARCELONA shall not be liable for any damage, harm or loss that may arise from the provision of services and/or contractual or non-contractual relations entered into between users and advertisers or third parties that are hired through this portal as the provider only acts as an intermediary or advertising medium.

6. PERSONAL DATA PROTECTION

The provider is deeply committed to complying with personal data protection regulations and guarantees full compliance with the obligations set out in them, as well as implementation of the security measures established in the European Data Protection Regulations and Spain's data protection regulations. For further information, see our Privacy Policy.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

The website, including by way of example but not exhaustive, its programming, editing, compilations and other elements needed for its functioning, designs, logos, texts, photographs and/or graphics are the provider's property or, where necessary, are licensed or expressly authorised by their authors. The website's entire content is duly protected under intellectual and industrial property regulations.

Irrespective of the intended purpose, any reproduction, whether entire or in part, use, distribution or public communication of its content shall require the provider’s prior written authorisation. Any use not authorised in advance by the provider shall be deemed a serious breach of the author’s intellectual or industrial property rights.

Designs, logos, texts and/or graphics not belonging to the provider and which may appear on the website belong to their respective owners, who shall be responsible and liable for any possible dispute that may arise in their regard. In any event, the provider has these authors’ express prior authorisation.

The provider recognises their owners’ industrial and intellectual property rights, without this implying any mention or appearance on the website of the existence of rights or any responsibility of the provider over them or the provider's support, sponsorship or recommendation.

Users who wish to make any type of comment on possible violations of intellectual or industrial property rights, as well as on any of the website’s contents, may do so by emailing to the address given above.

8. APPLICABLE LEGISLATION AND JURISDICTION

Any disputes or issues relating to this website or activities carried out within it shall be resolved under Spanish legislation, which the parties are expressly subject to, with Barcelona's Courts and Tribunals having jurisdiction over the resolution of all disputes arising from or relating to that legislation’s use.