Terms and conditions
Legal aspects and conditions for the OpenSpaces participation platform
This platform is managed by Fundación Platoniq (the promoter) with CIF G-57728172 and address Carrer Forn de l’Olivera, 22-07012, Palma de Mallorca, Islas Baleares. The platform aims to be a space for research, experimentation and citizen participation focused on governance and building management processes. With this digital space, the Platoniq seeks to experiment and promote new forms of direct, deliberative and participatory democracy through the different participatory processes, spaces and tools, generating forms of direct and open interaction with citizens and social agents.
This space not only aims to promote citizen deliberation and debate, but also to foster transparency and encourage participation (under no circumstances limit it) and the generation of face-to-face and digital spaces for participation.
The citizens who access this platform agree to accept and comply with all the provisions of this legal notice and all the applicable provisions. They also undertake to make lawful and appropriate use of the content and services and to refrain from any illegal conduct or conduct contrary to good faith. This platform is managed by Fundación Platoniq.
A. Scope of these conditions of use
B. General aspects of participation in the platform
Any person over 16 years old who wants to participate in any of the activities proposed by Fundación Platoniq can participate. By accepting these conditions of use, the registered person declares that he/she is 16 years of age or older. Guardians of any minors are responsible for the actions of minors on the platform. The platform also permits the possibility of extending registration to entities, groups, groups and/or citizen organizations and other relevant actors.
As the platform is a meeting point that aims to promote citizen participation, users are obliged to use it diligently and in accordance with this objective.
Fundación Platoniq is not responsible for the incorrect use of the platform by users or the contents contributed by them. Each user is responsible for using the platform correctly, as well as the legality of the contents and the 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 misleading;
- infringes any right of the organization or any third party, such as copyright, trademarks or other intellectual property rights or other related rights;
- infringes the privacy of a third party, such as publishing personal details of participants, such as name, address, telephone number, email, photographs or any other personal information;
- which contains viruses, Trojans, robots or other programs that may damage the website or the organization's systems or any third party's website or system, or that are intended to circumvent technical measures designed for the proper functioning of the platform;
- that intends to send spam to users or overload the system;
- that is part of a chain of messages, pyramid scheme or gambling;
- that has commercial purposes, such as publishing job offers or advertisements;
- that is not in accordance with public decency; consequently, the content must not incite to hatred, discriminate, threaten, provoke, or have a sexual, violent, rude, or offensive character or sense;
- that violates an applicable law or regulation;
- campaigns promoting mass voting for other proposals unrelated to the process and framework of debate; and
- that creates multiple users pretending to be different people (astroturfing).
Fundación Platoniq is not responsible for the quality, originality, authenticity, legality or security of the contents that users contribute to the platform. However, Fundación Platoniq reserves the right to eliminate from the platform any opinions, information, comments, proposals or files that contradict these conditions of use, and may install filters to that effect. All of this will be done solely in order to preserve the fundamental objective of the platform. Fundación Platoniq also reserves the right - without prior notice - to temporarily suspend the activities of a participant on the platform, deactivate his account in any way, delete his content, remove the account or send a notice, especially, and without limitation, in the following cases:
- if there is a breach of these conditions of use of the participation platform.
- if Fundación Platoniq believes that the activity of the participant is detrimental to others, to the website or to the organization.
The participant is responsible for the content of his or her contributions and for any damage or claims from third parties that may arise. Under no circumstances will Fundación Platoniq be responsible for the improper use of the platform site or the contents shared, nor will it be responsible for the use made by a natural person of the ideas contributed, nor for the suitability of these ideas, nor for the results derived from them. In the event that the content includes a link to another website, Fundación Platoniq does not assume any type of responsibility for damages and/or harm due to access to the contents of this link, nor for the content that may be contained in this same link. In the event of a dispute of any kind or for any reason between the participants in the website or a third party, Fundación Platoniq is exempt from any responsibility for claims, demands or damages of any nature whatsoever related to this dispute.
C. Operation of the platform
Participants can access and browse the platform freely and anonymously. Only when they want to carry out an action involving the creation, commenting on a proposal or participating in a debate will they need to register beforehand. Registration allows you to participate in the platform by commenting on a section or creating proposals will be done by entering the following data: user name, e-mail, password and acceptance of the conditions of use. To access some functions such as giving support or voting, the user will be asked to verify his/her account by confirming that he/she is 16 years old or older and/or that he/she actively participates in some activity proposed by Fundación Platoniq. 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, person responsible, e-mail, telephone number, password and acceptance of the conditions of use.
Out of respect for your privacy and in accordance with the GDPR and the Organic Law 15/1999, of December 13, on the Protection of Personal Data, we inform you that your personal data will be incorporated into the file of Fundación Platoniq open for this purpose is responsible Fundación Platoniq. Your personal details will not be passed on to third parties, with the exception of the username that is public. Please note that the images and communications made on the platform (comments, proposals, etc.) will be publicly accessible. However, data related to decision making (e.g. that you support a proposal or validate a budget), as well as your email address, will never be made public. All personal data introduced in the platform through surveys or other processes will be included in the file of Fundación Platoniq and will be used in accordance with current regulations and exclusively for internal use by the organisation. You may exercise your rights of access, modification, availability, limitation, cancellation and opposition by writing to Fundación Platoniq, Carrer Forn de l’Olivera, 22-07012, Palma de Mallorca, Islas Baleares, enclosing a photocopy of your ID card, or by email to email@example.com, clearly indicating Exercise of the LOPD in the subject line. To delete the registration account of this platform there is a space enabled for this purpose in the configuration of "my account".
E. Conditions for the handling of content provided by users
The present conditions regulate the terms applicable to the content sent by the users of this platform through the corresponding form (hereinafter, the "content"). The content does not include any personal data (except the public name of the user) that are provided at the time of registration and verification, it only includes public content provided by the user (comments, proposals, ...). These conditions apply both to the content initially sent to the platform as well as any content sent subsequently or expressed in Fundación Platoniq:
- Non-Confidentiality: All the content sent by the user in Fundación Platoniq must be liable to being known by the general public. Therefore, Fundación Platoniq will treat such content as non-confidential information.
- Procedure: In the event that Fundación Platoniq is interested in the content sent by the user, it may contact him/her to request additional information, without Fundación Platoniq acquiring -by this fact- any commitment with respect to the user. This information shall be considered non-confidential, without prejudice to the signing of a confidentiality agreement if the parties consider it necessary to exchange information of a confidential nature. This is without prejudice to the provisions of the section on "Intellectual and industrial property rights".
- Publicity or dissemination of the contents presented: The participants in the Fundación Platoniq platform declare that they are aware of and accept the fact that the information provided may be published on the websites owned by Fundación Platoniq, as well as through other means that the organisation considers appropriate to publicise this initiative.
- Intellectual property: Unless otherwise indicated, the contents protected by intellectual property that the user contributes to this website will be subject to a Creative Commons - Attribution - Share Alike (CC-BY-SA) licence.
Notice and withdrawal procedure: Any person, with reasonable grounds, may request the withdrawal of contents that do not comply with the legal notice and the present conditions of use. The request will be addressed to Fundación Platoniq by sending an e-mail to firstname.lastname@example.org. Fundación Platoniq will process these requests and reserves the right to make the appropriate checks or verifications prior to the withdrawal of any content.
F. Copyright, reuse of information and other rights to the website and its contents
Fundación Platoniq encourages the use of open licenses, the creation of derived works and the reuse and modification of the works contained in this web, as long as the original authorship is recognized and the same license is maintained on the resulting work. Unless otherwise indicated, the contents protected by intellectual property rights and disseminated on this website are subject, by default, to a Creative Commons - Attribution - Share Alike license (CC-BY-SA). In accordance with this licence, any person may make use of the protected contents, both for commercial and non-commercial purposes, provided that the authorship is acknowledged and the resulting work is disseminated under the same CC-BY-SA licence. This license will apply to both the contents provided by Fundación Platoniq and the contents provided by the users of this website.
Fundación Platoniq allows the reuse of all the information and data disseminated through this website, subject to the following conditions:
- It must adequately acknowledge the authorship, provide a link to the license and indicate if changes have been made.
- It cannot imply that Fundación Platoniq sponsors or supports the activity in which the information is reused.
Fundación Platoniq will respect all the intellectual or industrial property rights over the content sent by the users, and does not assume any responsibility, direct or indirect, with respect to any type of controversy, dispute and/or litigation that may arise from the publication, disclosure and/or dissemination of the contents provided without the mandatory consent of their legitimate owners or without the protection of any use permitted by law.