Terms and conditions

Terms and Conditions of use of the platform

Basic information on data protection:

• Data controller: Metropolis
• Purpose of processing: to manage contact with members to participate in the events, bodies, meetings and participation processes of the organisation.
• Legal basis for processing: the user's consent by accepting the terms and conditions of use.
• Data recipients: 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 recognised in the regulations, you can do so by sending an email to: metropolis@metropolis.org

This legal notice provides concise information on the main aspects of the digital participation platform agora.metropolis.org, promoted by Metropolis.

The platform aims to promote the participation of members and direct, deliberative and participatory democracy in a virtual way in the organisation, through the different processes, spaces and bodies of participation, generating forms of direct and open interaction between members. The platform is aimed at promoting deliberation and debate, transparency and traceability of participation (in no case to trace users), and the generation of digital spaces for participation.

The person accessing this platform undertakes 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 conduct that is illegal or contrary to good faith.

The platform is managed by Barcelona City Council (Directorate for Democratic Innovation), with the collaboration of the companies providing the service. Barcelona City Council is not responsible for the use or content that each entity or member makes of its virtual participation space.

A. Scope of application of these conditions of use

The following conditions of use for participation in the Agora Metropolis platform are binding on all members participating in this website. At the time of registration you will be asked to accept these conditions.

The entity reserves the right to modify the present conditions for the platform and will publish the latest version of these conditions on this website. To keep you informed of future changes, we advise you to visit this page from time to time. Users will be informed of modifications when they affect their privacy and/or security.

B. Objective of the initiative

Through the Agora Metropolis platform, the aim is to facilitate the participation of the members of the organisation in an open and transparent way and to involve them in improving the democratic quality of the life of the organisation as a whole.

C. General aspects of participation in the platform

Any person who has previously registered on the platform can participate. By accepting these conditions of use. The adults on whom the minors participating in the platform depend are responsible for the actions of these minors on the platform.

Given that the Agora Metropolis platform is a meeting point with the objective of promoting the participation of the members for the improvement of the entity, the users are obliged to use it diligently and in accordance with this objective.

The entity is not responsible for the incorrect use of the platform by the users or for the contents they provide. Each user is responsible for the correct use of the platform, as well as for the legality of the content and opinions shared.

It is not permitted to add any illegal or unauthorised content to the website, such as information with the following characteristics:

• is false or misleading ;
• infringes any rights of the entity or any third party, such as copyright, trademarks or other intellectual property rights or other related rights;
• which infringes the privacy of a third party, such as publishing personal details of participants, such as name, address, telephone number, e-mail address, photographs or any other personal information;
• which contains viruses, Trojan horses, bots or other programs that may damage the website or systems or the website or system of any third party, or which are intended to circumvent technical measures designed for the proper functioning of the platform;
• intended to spam users or to overload the system;
• is in the nature of a message chain, pyramid scheme or game of chance;
• is for commercial purposes, such as posting job offers or advertisements;
• which does not conform to public decency; consequently, the content must not incite hatred, discriminate, threaten, provoke, or have a sexual, violent, rude or offensive meaning or character;
• infringes an applicable law or regulation;
• that campaigns to promote mass voting for other proposals unrelated to the process and the framework of the debate; and
• creates multiple users pretending to be different people (astroturfing).

The entity is not responsible for the quality, originality, authenticity, legality or security of the contents that users contribute to the platform. However, the entity reserves the right to remove from the Agora Metropolis platform any opinions, information, comments, proposals or files that contradict these conditions of use, and may install filters to the same effect. All this will be done solely in order to preserve the fundamental objective of the Agora Metropolis platform. The entity also reserves the right - without any prior notice - to temporarily suspend the activities of one participating on the platform, deactivate his or her account in any way, delete his or her content, delete his or her account or send a warning, especially, but not limited to, in the following cases:

• if there is a breach of these terms of use of the participation platform; and
• if the entity believes that the activity of the participant is harmful to others, to the website or to the enetity.

The participant is responsible for the content of their contributions and for any damages or claims from third parties that may arise. Under no circumstances will the cooperative be responsible for the improper use of the platform site or the content that is shared, nor will it be liable for the use that a natural person makes of the ideas contributed, nor for the suitability of these ideas, nor for the results that derive from them. In the event that the content includes a link to another website, the co-operative accepts no liability whatsoever for any damage and/or harm resulting from access to the content of this link, nor for the content of this link itself. In the event of a dispute of any kind or for any reason whatsoever between the participants of the website or a third party, the cooperative/federation (at its option) is released from all liability for claims, demands or damages of any nature whatsoever that are in any way related to this dispute.

D. Operation of the platform

Participants can access and navigate the Agora Metropolis platform freely and, for some participatory processes, anonymously. Only when they wish to carry out an action that involves the creation, support or comment on a proposal or participation in a debate or societal meeting will it be necessary for them to register beforehand. The registration that will allow participation in the platform by commenting on a section or creating proposals must be done by entering the following data: username, email, password and acceptance of the terms of use. The user will be required to verify his/her account by confirming that he/she is 14 years of age or older. This data will be used for the sole purpose of verifying the account, and will not be used at a later date.

The registered person can interact with the platform through the different functionalities enabled by each of the participation processes (debates, proposals, meetings...). The verified person will be able to support the proposals and participate in the prioritisation processes of these.

E. Terms and conditions for the processing of content provided by users

The present conditions regulate the terms applicable to the content submitted by the users of this platform by means of the corresponding form (hereinafter, the "content"). The content does not include personal data (except the public name of the user) that are provided at the time of registration and verification, but only includes public content provided by the user (comments, proposals...). These conditions apply both to the content initially submitted on the platform and to any content that is subsequently submitted or manifested in the cooperative:

• Non-confidentiality: All content sent by the user to the cooperative/federation must be capable of being known to all members. Therefore, the cooperative will treat such content as non-confidential information.
• Procedure: If the co-operative is interested in the content sent by the user, it may contact the user to request additional information, without the co-operative thereby acquiring any commitment towards the user. This information will be of a non-confidential nature, without prejudice to the signing of a confidentiality agreement in the event that 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: Participants in the organisation's platform declare that they are aware of and accept the fact that the information provided may be published on the websites owned by the cooperative, as well as through other media that the organisation considers appropriate for publicising 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.
• Procedure for notice and removal: Any person, with reasonable grounds, may request the removal of content that violates the legal notice and the present terms of use; The request can be made through the form / sending an email: metropolis@metropolis.org
• The cooperative will process these requests and reserves the right to carry out the appropriate checks or verifications prior to the removal of any content.

F. Copyright, reuse of information and other rights over the website and its contents.

The entity encourages the use of open licences, the creation of derivative works and the reuse and modification of the works contained in this website, provided that the

original authorship is acknowledged and the same licence is maintained on the resulting work. Unless otherwise indicated, the contents protected by intellectual property rights disseminated on this website are subject, by default, to a Creative Commons - Attribution - Share Alike (CC-BY-SA) licence. Under this licence, any person (including the cooperative) may make use of the protected content for both commercial and non-commercial purposes, provided that authorship is acknowledged and the resulting work is disseminated under the same CC-BY-SA licence. This licence shall apply both to content provided by the cooperative and to content provided by users of this website.

The cooperative permits the re-use of all information and data disseminated through this website, subject to the following conditions:

• You must properly acknowledge authorship, provide a link to the licence and indicate if changes have been made.
• You may not imply that the cooperative sponsors or supports the activity in which the information is reused.

The entity will respect all intellectual or industrial property rights on the content submitted by users, and assumes no responsibility, directly or indirectly, for any type of controversy, dispute and / or litigation that may arise from the publication, disclosure and / or dissemination of the content provided without the mandatory consent of the owners headquarters or without legitimate the protection of any use permitted by law.

G. Authorised Use of the Contents

The User undertakes to make appropriate and lawful use of the Contents, in accordance with the applicable legislation, these Terms and Conditions of Use, generally accepted morals and good customs and public order. The User must abstain from (i) making unauthorised or fraudulent use of the Contents; (ii) using the Contents for illicit or illegal purposes or effects, contrary to what is established in these General Conditions, to good faith and public order, harmful to the rights and interests of third parties, (iii) using the Contents for purposes or effects other than participation in the statutory meetings of Metropolis.