Legal pages

Legal aspects and conditions of use of the platform of participation of the Metadecidim Community, meta.decidim.org

A. Basic information about data protection:

• Responsible for the treatment: Barcelona City Council.
• Purpose of the treatment: to manage contact with citizens and interested persons to participate more actively in the acts, bodies and processes of participation of the city, including the political opinions of the users who can publish them.
• Legal basis for the treatment: it is the user's consent by accepting the terms and conditions of use.
• Recipients of the 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 recognized to the regulations you can send an email to hola@decidim.org.

This legal notice informs in a concise way the main aspects of the digital participation platform Metadecidim (meta.decidim.org), promoted by the Barcelona City Council. 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. Devidim Barcelona is aimed at promoting citizen deliberation and debate, the transparency and traceability of participation (in no case to trace users), and the generation of face-to-face and digital sharing spaces.

The citizen who accesses this platform agrees to accept and comply with all the provisions of this legal notice and all 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.

The platform Metadecidim (meta.decidim.org) is managed by the Directorate for Research, Development and Innovation of Citizens, Participation and Transparency Rights under the direction of the Citizen Participation Commissioner and the Department of Participation and Districts of the City Council of Barcelona , with the collaboration of the Municipal Institute of Information Technology and the Communications Department of the same City Council.

B. Purpose of the initiative

Through the Metadecidim platform, the City Council of Barcelona 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 those policies and actions, municipal and public institutions as well as citizen, associative or social initiatives that so desire. 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 citizen participation.

The City Council chooses a participatory, direct and deliberative democracy by making it visible and encouraging the initiatives that, both individually and collectively, can contribute to debate, design and / or value municipal and citizen actions in favor of the common good. The platform also aims to facilitate and visibilize debates, design, evaluation, negotiation and modification, monitoring, and evaluation of public policies that can be carried out outside the platform, to be able to offer the citizenship maximum transparency. In this sense, meta.decidim.org must be able to host future initiatives for citizen participation and direct, participative or deliberative democracy, including those that promote disintermediation between the municipal Government and the citizens of Barcelona and those that promote and facilitate cooperation, association and self-organization between the own citizenship.

C. General aspects of participation in the platform meta.decidim.org

You can participate any individual after 16 years who have previously registered in the Metadecidim platform. By accepting these conditions of use, the registered person declares that he is 16 years old or older. Older children are dependent on the actions of these minors on the Metadecidim platform. The platform also allows the possibility of opening the registry to organizations, groups, groups and / or citizen organizations and relevant actors in the city.

Because the Metadecidim platform is a meeting point that aims to promote civic participation for the improvement of the city, users are obliged to use it diligently and in accordance with this objective.

The Barcelona City Council is not responsible for the incorrect use of the Metadecidim platform that is made by the users or the contents that they provide. 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, such as information that has the following characteristics:

• that is false or deceptive;
• that infringes 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 violates 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 the correct operation of the platform;
• who intends to send spam to the users or overload the system;
• that it has the character of chain of messages, game pyramidal or game of chance;
• that you have commercial purposes, such as posting job offers or announcements;
• that is not in accordance with public decency; Consequently, the content must not incite hatred, discriminate, threaten, provoke, or have a meaning or a sexual, violent, rude or offensive character;
• that it infringes a law or applicable regulation;
• to campaign through the massive vote for other proposals not related to the process and the debate framework, and
• create multiple users simulating being different people (astroturfing).

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

The participant is responsible for the content of his contributions and for the damages or claims of third parties that may be derived. In no case will the City Council of Barcelona be responsible for the improper use of the site of the platform or the contents that are shared there, nor will it respond to the use that an individual does of the ideas provided, nor on the suitability of These ideas, or the results derived therefrom. In the event that the content includes a link to another website, the City Council of Barcelona does not assume any type of responsibility for the damages and / or damages due to the access to the contents of this link, nor by the content that can it Have in that same link. In the event 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 Barcelona is exempt from all responsibility for claims, claims or damages of whatever nature that are related somehow with this dispute.

D. Operation of the platform

Participants can access and navigate the platform Metadecidim 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 confirmation account that is 16 years old or older and that is registered in Barcelona. To that end, three data related to the register (DNI, postal code and birth date) 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, groups and / or organizations, and in this case, the following information will be requested: name of the organization, responsible person, email, telephone, password and acceptance of the conditions of use.

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

E. Information about the processing of personal data

Both the privacy of the data and the confidentiality of the information are important aspects that we take into account when managing this platform. This data protection policy establishes the way in which the personal data obtained through the Metadecidim platform is processed and may vary over time due to possible legislative, jurisprudential changes or the criteria followed by the Catalan Authority. Protection of Data and / or the competent authority at each moment. That is why the entity reserves the right to modify this policy to adapt it to legislative or jurisprudential changes that are in force at the precise moment that is accessed on the web.

1.- Identification of the owner responsible for the treatment:

The owner responsible for the processing of user and subscriber data is:

AJUNTAMENT DE BARCELONA; Gerència de Drets de la ciutadania cultura, participació i transparència; CIF: P-0801900B; Adreça: Plaça Sant Jaume 1, 08002 Barcelona.

2.- Purpose of the treatment, legal basis and conservation periods

Metadecidim is a digital platform that allows managing contact with citizens and interested persons to participate more actively in the acts, bodies and processes of participation of the city. The personal data will be processed for the following purposes:

• manage the queries of users and respond to any request you send us through the forms enabled to the web or any other means of contact.
• manage subscriptions to which users register.
• Check the Barcelona registry to validate the right to vote. These checks are carried out using the following data: DNI, zip code and date of birth. These data will not be used later.
• develop statistical analyzes, measurements and market studies on participation processes, users and their needs, trends, interests and preferences.
• send informative communications (such as sending the electronic newsletter): At the time of the collection of personal data you will be asked for your consent to be able to send you information about the activities, contents and processes related to this platform. The user may revoke his consent at any time, communicating his wish not to receive further communications by following the instructions indicated at the bottom of each of the shipments he receives.

Images: Given that the right to one's own image is recognized in LO 1/1982 as civil protection of the right to honor, personal and family privacy and one's own image, the user can only publish images of public positions or third parties that in an accessory way participate in a public event. For other assumptions the user will have to have the appropriate authorization to carry out the publication.

Special categories of data: political opinions are considered special categories of data. The City Council requires explicit consent to publish them on the platform.

• The legal basis for the aforementioned treatments is the consent that is considered granted by marking the corresponding box enabled for that purpose. In such a way that you can not send the form without having checked the checkbox.

• The conservation period: the data will be deleted when requested by the owner.

3.- Recipients of personal data

Your personal data will not be transferred to third parties except by legal obligation to judges and courts that request it through judicial or in the framework of a police investigation.

Your username is public, therefore it will be visible on the platform. Keep in mind that the images and communications made on the platform (comments, proposals, etc.) will also be public access. However, data related to decision-making (eg, whether you support a proposal or validate a budget), or your email address will never be made public.

The international transfer of your data is not foreseen.

4.- Rights of the holders of the data

Anyone has the right to obtain information about what data is being processed. Below, we indicate your rights:

• The interested persons have the right to access their personal data, as well as to request the rectification of inaccurate data or, if applicable, request its deletion (and right to be forgotten) when, among other reasons, the data is no longer necessary for the purposes for which they were collected.

• In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case they will only be kept for the exercise or defense of claims.

• In certain circumstances and for reasons related to their particular situation, the interested parties may object to the processing of their data. The entity will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims.

• Portability: The interested party will have the right to receive the personal data that concern him, that he has provided in a structured format, of common use and mechanical reading when: a) the treatment is based on the consent or a contract, and b) the treatment is done by automated means.

IMPORTANT REFERENCE TO THE RIGHT TO FORGETFULNESS AND DELETION OF DATA:

In relation to the comments, contents and contributions carried out and published by the users themselves, it must be borne in mind that in some cases, and given the public nature of the initiative, the right to be forgotten and / or can not be enforced. the suppression of certain data.

However, anonymization of the data will be carried out provided that this process does not hinder the follow-up of the corresponding citizen initiative.

We inform you of your right to file a claim with the control authority (APDCAT.- www.apdcat.gencat.cat) in the event that you have not seen the exercise of your rights here indicated satisfied.

To exercise these rights you can contact us by email: hola@decidim.org or following the instructions in the following link: https://seuelectronica.ajuntament.barcelona.cat/ca/proteccio-de-dades

Within a maximum period of one month we will resolve your request through the same means that you initially used.

5.- Safety in the treatment

Taking into account the state of the art, the costs of application, and the nature, scope, context and purposes of the treatment, as well as the risks of variable probability and severity for the rights and freedoms of natural persons, the City Council apply appropriate technical and organizational measures to ensure a level of security appropriate to the risk, to prevent the destruction, loss or accidental or unlawful alteration of personal data transmitted, preserved or otherwise processed, or unauthorized communication or access to this data.

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

The present conditions regulate the terms applicable to the content sent by users of this platform through the corresponding form (hereinafter, the "content"). The content does not include those personal data (expect the public name of the user) that are provided when registering and verification, only includes public content provided by the user (comments, proposals ,...). These conditions apply to both the content initially sent to the Metadecidim platform and to any content that is subsequently sent or manifested in the Barcelona City Council:

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

Procedure: In the event that the City Council of Barcelona 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 regarding 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 contents presented: The participants in the Metadecidim platform declare knowing and accepting the fact that the information provided can be published on the websites owned by the City Council of Barcelona, Other means that the organization considers opportune to publicize this initiative.

Intellectual property: As long as 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 - Attribution - Share Equal (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 Barcelona City Council, by sending an email to hola@decidim.org. The City Council of Barcelona will process these requests and reserves the right to make the necessary verifications or verifications prior to the removal of any content.

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

The City Council of Barcelona encourages the use of open licenses, 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 license is maintained over the same. resulting work Unless indicated otherwise, the contents protected by intellectual property disclosed on this website are subject, by default, to a Creative Commons - Recognition - Share Equal (CC-BY-SA) license. In accordance with this license, any person (including the City Council) may use the protected contents, both for commercial and non-commercial purposes, provided the authorship is acknowledged and the resulting work is disseminated under the same license CC-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 Barcelona 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 clear that the City Council sponsors or supports the activity in which the information is reused.

The Barcelona City Council will respect all intellectual or industrial property rights over the content sent by users, and assumes no responsibility, directly or indirectly, with regard to any type of dispute, dispute and / or litigation that may arise from 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.

Privacy data

In compliance with your privacy and in accordance with 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 Citizen Participation file, which is responsible for it. 'Barcelona City Council, in order to manage contact with the citizens and people interested in participating more actively in the acts, organs and participation processes promoted by the City Council of Barcelona through the platform meta.decidim.org. Your personal data will not be ceded to third parties, except for the username that is public. Keep in mind that the images and communications made on the platform (comments, proposals, etc.) will be publicly accessible. However, data related to decision-making (eg you support a proposal or validate a budget) will not be made public, nor your email address. You can exercise the rights of access, rectification, cancellation and opposition, by writing to you, enclosing a photocopy of your DNI, in the General Register of the Town Hall: pl. Sant Jaume 1, 08002 Barcelona, ​​clearly indicating in the Law Exercise of Law LOPD.