Terms and conditions of use

A. Purpose and service in charge of its management

These regulations inform the main aspects of the participation platform in Esparreguera (decideix.esparreguera.cat), promoted by the City Council of Esparreguera. The platform aims to promote citizen participation and direct, deliberative and participative democracy in the city through the different processes, spaces and participation bodies, generating forms of direct and open interaction between the City Council, the citizens and the different social agents of the city. Decideix that Esparreguera is aimed at promoting citizen deliberation and debate, the transparency and traceability of participation (in no case, of the users), and the generation of spaces of participation in person and digital. The platform Decideix Esparreguera is managed by the Department of Planning, Quality and Open Government, in collaboration with the Service of Technology and Information Systems.

B. Scope of application of these regulations and conditions of use

These rules and conditions of use link all the people who participate in this website. Anyone who accesses this platform agrees to accept and comply with all the provisions of this legal notice and the set of applicable provisions. It also undertakes to make a lawful and adequate use of the contents and services and to abstain from any illegal or contrary behavior to good faith.

Upon registration, they will be asked to accept these conditions.

The City Council of Esparreguera reserves the right to modify the conditions present for the platform and publish on this website the latest version of these conditions. Any changes in terms of use conditions will be notified in this same space, as well as to the users of the modifications when they affect privacy and / or security.

C. Objective of the initiative

Through the Esparreguera Decideix platform, the City Council of Esparreguera wants to promote citizen participation in an open and transparent way and involve citizens and different social agents in improving the democratic quality of city life as a whole, in the definition and design of public policies and municipal actions, as well as in the assessment, information, discussion, prioritization and decision on public policies and actions. In this way, it seeks to face the challenges and difficulties that are posed in the city, with the aim of improving it and opening it to the whole of the citizens through multiple processes, spaces, organs and other forms of participation citizen

The Esparreguera Decideix platform supports the City Council's commitment to democratic quality, which will only be possible with citizen cooperation, co-production, codecision and co-assessment of public policies with citizens.

D. General aspects of the participation in the platform Esparreguera Decideix

Anyone who has previously registered with the Esparreguera Decideix platform can participate. By accepting these conditions of use, the registered person declares that the data provided are truthful. Older children are dependent on the actions of these minors on the Esparreguera Decideix platform. The platform also allows the possibility of opening registrations to entities and groups in the city.

The registration of a person on the platform and the activity they do is personal and non-transferable. In no case, anyone can collectively manage the registration and activity of this user.

The Esparreguera Decideix platform is a meeting point that aims to promote citizen participation for the improvement of the city and for this reason users are obliged to use it diligently and in accordance with this objective.

The City Council of Esparreguera is not responsible for the incorrect use of the Esparreguera Decideix platform that users are making it or the contents that they provide, nor is it responsible for the quality, authenticity, legality or the security of these contents. Each user is responsible for using the platform correctly, as well as the legality of the contents and opinions shared therein.

It is not allowed to add any illegal or unauthorized content to the website. For merely indicative purposes, content can not be incorporated with the following characteristics:

• that is false or deceptive
• that violates 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 attacks 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
• It contains viruses, trojans, robots or other programs that may harm the website or the Town Hall's systems or the website or the system of any third party, or that they intend to circumvent the technical measures designed to to the correct operation of the platform
• You want to send spam to users or overload the system
• It has the character of message chain, pyramid game or gambling
• You have commercial purposes, such as posting job offers or ads
• that goes against the individual and collective fundamental rights (the content must not incite hatred, discriminate, threaten, provoke, or have a meaning or sexual character, violent, rude, or offensive)
• That it infringes a law or applicable regulation
• to share any content that violates the secret in communications or that infringes intellectual property rights or regulatory norms of the protection of personal data
• to campaign to promote the mass vote for other proposals not related to the process and the debate framework, and
• I create multiple users simulating being different people (astroturfing).

The City Council of Esparreguera is not responsible for the quality, authenticity, legality or security of the contents that the users contribute to the platform. However, the City Council of Esparreguera reserves the right to eliminate the Esparreguera Decideix platform on the opinions, information, comments, proposals or files that contradict these conditions of use, and can install filters at this effect All this will be done solely in order to preserve the fundamental objective of the Esparreguera Decideix platform. The City Council of Esparreguera also reserves the power, without any prior notice, to suspend temporarily the activities of a participant in the platform, to deactivate its account in any way, to delete its content, to eliminate it the account or send a notice, especially, and without limitation, in the following cases:

• if there is an infringement of these conditions of use of the participation platform
• If the City Council believes that the activity of the participant is detrimental to others, the website or the City Council.

The participant is responsible for the content of his contributions and for the damages or claims of third parties that may be derived. In any case, the City Council of Esparreguera will not be responsible for the improper use of the site of the platform or of the contents that are shared there, nor will it respond to the use that a natural person does of the ideas contributed, nor on the suitability of these ideas, nor on the results derived therefrom. In the event that the content includes a link to another website, the City Council of Esparreguera does not assume any type of responsibility for the damages and / or damages due to the access to the contents of this link, nor for the content that exists there There may be in this same link. In the case of a dispute of any kind or for any reason between the participants in the website or in a third party, the City Council of Esparreguera is exempt from any responsibility for claims, claims or damages of any kind that are related to in some way with this dispute.

E. Operation of the platform

Participating people can access and navigate the Esparreguera Decideix platform freely and anonymously. Only when they want to carry out any action that involves the creation, the support or the comment of a proposal or the participation in a debate will have to be registered previously. The registration that will allow participating in the platform by making comments in a section or creating proposals must be made by entering the following information: username, email, password and acceptance of the conditions of use. The user will be required to verify their account and, in some processes, who is 16 years of age or older and who is registered in Esparreguera. To that end, two data related to the register (DNI and date of birth) will be requested. These data will be used for the sole purpose of verifying the account, and will not be used later.

The platform also allows the possibility of registering entities and groups, in which case the following information will be requested: name of the entity or group, responsible person, document supporting (NIF), email, telephone, password and acceptance of the conditions of use.

The registered person, entity or group can interact with the platform through the different functionalities enabled for each one of the participation processes (debates, proposals, meetings ...). The people verified in the register will be able to support the proposals and participate in the processes of prioritization of these.

F. Free software and open content

The code of the platform, as well as modules, libraries or any other code that is developed for its operation, will always be free software.

Likewise, the contents, data, APIs and / or interfaces that the platform uses to interact with any type of user will comply with open and interoperable standards, always at the highest level of integration with the most open standards extended

In order to maximize transparency and citizen collaboration in the processes, the bodies and participation mechanisms, the content of texts, graphics, fonts, audio, video or other design elements will be made public with a Creative Commons license By-Sa.

Similarly, platform data, especially all those that can be systematically collected through scrappers or other mass-search techniques, will be published with Open Data Commons Open Database License in standardized and accessible formats (CSV type, JSON). ...) and, wherever possible, with tools that facilitate the analysis and visualization of this data.

G. Transparency, traceability and integrity

The platform, as well as its configuration, development, implementation and current or future use, must ensure and maximize at all times the transparency, traceability and integrity of the diagnoses, proposals, debates, decisions or any other object, mechanism or participation process.

H. Equality of opportunity and quality indicators

The platform will guarantee equal opportunities for all people, as well as their proposals or other contributions that it can receive. The platform will offer the same starting opportunities for all participatory objects (proposals, debates ...) so that they are viewed, discussed, commented, evaluated or treated, without discrimination of any kind. In this sense, the digital identity of the users will be always personal and non-transferable.

With the objective of guaranteeing the democratic quality of the platform, the use of quality indicators will be encouraged from the processes and participation mechanisms, as well as the activity of users of the platform. The sharing of the configuration of the different components as well as the open data for the definition of these indicators will be encouraged.

I. Accountability or liability

The City Council of Esparreguera will answer all the contributions and the consultations in the least possible time. It will also monitor the results of the participation processes and will study the incorporation of monitoring indicators of the participation processes once they are completed, in order to be able to systematically evaluate their deployment.

J. Protection of personal data

In accordance with Organic Law 15/1999, of December 13, on the protection of personal data, the interested party is informed that by registering with the Esparreguera Decideix platform, they consent to the processing of the personal information provided, with the In order to promote access and citizen participation in the acts and participatory processes promoted by the City Council, as well as its management and follow-up.

The user who registers on the participation platform agrees that the published content is publicly accessible.

By means of the option to "Receive information about relevant activity" (available during the registration process in the participation platform), the user authorizes the reception of emails to the address provided that include information related to the " Relevant activity of the participation platform. In any case, the user who does not wish to receive more information may unsubscribe with the corresponding option in the configuration section of the user account.

Likewise, it is informed of the possibility of exercising the rights of access, rectification, cancellation and opposition, in the terms established by the current legislation, by means of a written document presented to any office of citizen attention of the City Council of Esparreguera or also through a form of the municipal electronic headquarters.

K. Conditions for the treatment of the contents provided by users

The present conditions regulate the terms applicable to the treatment of the contents sent by users of this platform through the corresponding form (hereinafter, the content). The content does not include those personal data (except the public name of the user) that are provided when performing the registration and verification, only includes public content provided by the user (comments, proposals .. .).

These conditions apply to both the content initially sent to the Esparreguera platform, Decide as any content that is sent later or manifested in the City Council of Esparreguera:

Non-confidentiality: all the content provided by the user in the City of Esparreguera must be known to the general public. Therefore, the City Council of Esparreguera will treat this content as non-confidential information.

Procedure: in the event that the City Council of Esparreguera is interested in the content transmitted by the user, you can contact him to request additional information, without the City Council acquires for this purpose any commitment with respect to the user. This information will be non-confidential, notwithstanding the fact that, in the event that the parties consider the need to exchange confidential information, a confidentiality agreement is signed. All this notwithstanding the provisions of the section on "Intellectual and Industrial Property Rights".

Publicity or dissemination of the submitted content: the people participating in the Esparreguera Decideix platform of the City Council of Esparreguera declare knowing and accepting the fact that the information provided may be published on the websites owned by the City of Esparreguera, as well as through of other means that the organization considers opportune to announce this initiative.

Intellectual property: provided that the contrary is not indicated, the contents protected by the intellectual property that the user contributes to this website will be subject to a Creative Commons Recognition Recognition Share license (CC-BY-SA).

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 will be addressed to the City Council of Esparreguera, sending an email to the address decideix@esparreguera.cat. The City Council of Esparreguera will process these requests and reserve the right to make the necessary verifications or verifications prior to the withdrawal of any content.

L. Copyright, reuse of information and other rights to the website and its contents

The City Council of Esparreguera encourages the use of open licenses, the creation of derivative works and the reuse and modification of the works contained on this website, provided that the original authorship is acknowledged and the same license is maintained on the 'resulting work As long as the opposite is not indicated, the contents protected by the intellectual property distributed in this web are subject, by default, to a Creative Commons Recognition Share Share Equal (CC-BY-SA) license. In accordance with this license, any person (including the City Council) may use the protected content, both for commercial and non-commercial purposes, provided that the authorship is acknowledged and the resulting work is disseminated under the same CC license -BY-SA. This license will be applied both to the contents provided by the City Council and to the contents contributed by users of this website.

The City Council of Esparreguera allows the reuse of all the information and data disseminated through this website, subject to the following conditions:

You must recognize the authorship appropriately, provide a link to the license and indicate if changes have been made.

You can not make it understand that the City Council sponsors or supports the activity in which the information is reused.

The City Council of Esparreguera will respect all intellectual or industrial property rights over the content remitted by users, and assumes no responsibility, directly or indirectly, in respect of any type of dispute, dispute and / or litigation that may be derived of the publication, disclosure and / or dissemination of the contents provided without the consent of its legitimate owners or without the protection of any use permitted by law.