Effective Date: 13 July 2020

CAP-A Terms of Use

Thank you for using CAP-A.

The CAP-A Portal and Mobile Application (“CAP-A Service”) relies on feedback provided by users, in order to identify

We rely entirely on the crowdsourcing paradigm and we reward the users with points for their voluntary participation.

By creating a profile with CAP-A, or by viewing content provided by the CAP-A Service, you agree to be bound by the following Terms of Use. Please read them carefully. If you don’t agree to these Terms, you may not use the CAP-A Service. Registered users will be notified of any subsequent updates to the Terms of Use.

The CAP-A Service is under the responsibility of the Institute of Computer Science (ICS) of the Foundation for Research and Technology – Hellas (FORTH) and IN2 Digital Innovation GmbH (IN2), hereafter referred to as CAP-A entities, and is the result of the CAP-A project (https://cap-a.eu/). It does not sell, exchange or make profit of any of the data collected. We do not use ads.

The CAP-A Portal is hosted by the Institute of Computer Science (ICS) of the Foundation for Research and Technology – Hellas (FORTH). The content(s) of the CAP-A Service is subject to the present general terms and conditions of use that are binding upon anyone who uses and has access to it, in any version and form thereof. The administrators may modify these Terms of Use at any time, without previous notice, by announcing any such modification on the Portal. By navigating on and using the CAP-A Service, visitors/users acknowledge that they have read, understood and unconditionally accepted the Terms of Use.

Use of the System

You must be 16 years or older to use the CAP-A Service. We do not knowingly collect personally identifiable information from children under 16.

By creating a profile or providing personal information on the CAP-A Service, you represent that you are at least 16 years old.

If you are accepting these Terms and using the portal on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, in which case "you" will mean the entity you represent.

In the event you breach or violate these Terms, the portal moderators may, in their sole discretion, revoke your rights to use the System and terminate your profile.

In order to create a CAP-A profile, you must have a CAPrice Community account. CAPrice is an initiative led by the Institute of Computer Science (ICS) of the Foundation for Research and Technology – Hellas (FORTH) that serves the broader vision of empowering citizens to collectively ask for the protection of their digital privacy. CAPrice seeks to attract funding to support projects like CAP-A (https://www.caprice-community.net/faq/). If you do not already have a CAPrice Community account, one will automatically be created during your CAP-A registration with the username and email you provide to us. The CAPrice account requires no additional data.

CAP-A Profile

By creating a CAP-A profile, you agree to these Terms. You are free to stop using the CAP-A Service any time.

By using the CAP-A Service with a CAP-A profile you are entitled to earn points and be rewarded labels (badges). On certain occasions, points can be redeemed with prizes, such as subscription to affiliated companies for a limited time. The CAP-A entities reserve the right to change the form or cancel the pointing system at any time, and not to award a prize.

We may cancel or suspend your profile for violation of any clause of these Terms. Upon cancellation or suspension, your right to use the Portal will stop immediately. Attempting to evade a cancellation or suspension (such as by creating a new profile or using an alternate profile) is a violation of these Terms.

You may not have access to data that you stored on the CAP-A Service after we cancel or suspend your profile.

If your profile or access is blocked or otherwise terminated for any reason, your public contributions will remain publicly available (subject to applicable policies), and, unless we notify you otherwise, you may still access our public pages for the sole purpose of reading publicly available content. In such circumstances, however, you may not be able to access your profile or settings.

Even after your use and participation are banned, blocked or otherwise suspended, these Terms of Use will remain in effect with respect to relevant provisions.

You are solely responsible for the activity that occurs on your profile, and you must keep your profile password secure. You may never use another user’s profile without permission. You must notify the CAP-A administrators immediately of any breach of security or unauthorized use of your profile. The moderators will not be liable for any losses caused by any unauthorized use of your profile. You may control your User profile and how you interact with the CAP-A Service by changing the settings in your profile settings.

Personal Data Protection

The processing and protection of visitors’/users’ personal data of the Portal shall be subject to the rules set out in national, EU and international law on the processing of personal data. The CAP-A Service provides an online contact (or sign-in) form on which visitors/users may voluntarily provide any of their personal data, such as name, email address, nationality, gender, year of birth and parental status. The CAP-A Service shall in no case collect personal data falling within special categories of personal data, such as racial or ethnic origin, data related to religion, political opinion, etc. Visitors/users may search for more information relating to personal data protection and processing in Privacy Policy in the Portal. Visitors/users of the Portal may contact the CAP-A Personal Data Officer (PDO) in order to receive information about storage/use of their personal data and to exercise their rights (such as the right of access, rights to rectification, erasure, etc.). Visitors/users may contact the DPO at info@cap-a.eu 

For more information about your Personal Data Protection, please visit our Privacy Policy at Link

Content on the CAP-A Service

You are responsible for your use of the CAP-A Service and for any content you submit, post, display or otherwise make available on or through the CAP-A Service (“User Content”), including that such User Content complies with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

The CAP-A entities take no responsibility and assume no liability for any User Content that you or any other User or third-party posts or sends over the CAP-A Service.

You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that the Portal is only acting as a passive conduit for your online distribution and publication of your User Content.

Inaccuracies: The CAP-A Service and its components are offered for informational purposes only; the CAP-A entities shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the CAP-A Service, and shall not be responsible or liable for any error or omissions in that information. We reserve the right to amend errors or to update analysis information at any time without prior notice. We endeavor to present the most recent, most accurate, and most reliable information on the CAP-A Service at all times.

The CAP-A Service administrators may choose to remove and/or reject User Content at their sole discretion. By using the Portal you represent and warrant that your User Content does not violate any applicable law or infringe any third party proprietary rights, including but not limited to, any Intellectual Property Rights, inflammatory, deceitful or inappropriate content, unsolicited advertisements and spam.

Intellectual Property Rights

The CAP-A name, logo, designs, trademarks, trade dress, copyrights, patents or other intellectual property rights in the CAP-A software, images, text, graphics, illustrations, logos, APIs etc. (the “CAP-A Content”) is the exclusive property of the CAP-A entities or its licensors and is protected under the relevant provisions on the protection of intellectual and industrial property, in accordance with Greek law, EU law and the international conventions and treaties, as applicable.

Without prejudice to the use for research and teaching purposes, CAP-A Service visitors may use the contents only for private use (fair use) purposes; commercial or any other profit making use, shall not be permitted in any event. Publication, presentation, reproduction, distribution, broadcasting or any other use or exploitation of the contents of the Portal, in part or in whole, shall not be permitted in any manner whatsoever without the prior consent of the CAP-A administrators in writing. Any use of any of the CAP-A contents by the user/visitor must clearly refer to the said source. The CAP-A entities shall not be held liable for violation of any intellectual/industrial property rights, or any other third parties' rights, that occurred as a result of inappropriate or unlawful User Content, or as a result of users' or visitors' inappropriate use of the CAP-A Service.

CAP-A Service Rules

The CAP-A Service Rules below outline what is prohibited on the Portal; by using the CAP-A Service, you agree to comply with the CAP-A Service Rules, which are an indispensable part of these Terms. Using CAP-A Service to do any of the following breaks our Terms of Use and appropriate action (which can include removing User Content, resetting a profile, or banning a profile) will be taken to enforce them.

The following are not allowed anywhere on CAP-A:

Cookies Policy

During visitors/users navigation on the Portal, the Portal may collect identification data of users, by using relevant technologies, such as cookies and/or Internet Protocol (IP) address monitoring. Cookies are small text segments that are sent to the browser by a website visited by the user. The use of cookies helps the website to remember information about the user’s visit, such as your preferred language and your preferences, to calculate the number of visitors, or to facilitate your registration in our services.

How to control cookies: You may control and/or delete cookies as you wish. You may find more details at aboutcookies.org. You may delete all cookies from your computer and, in most browsers, select settings that do not allow installation of cookies. However, in that case, you may have to adjust certain preferences any time you visit a website. Users may make use of the website without problems even without use of cookies, but, potentially, to the detriment of its user friendliness and of the functioning of certain of its services.

Use of Third Party Websites

The CAP-A Service may contain links to other websites. The CAP-A Service does not control the availability, content, personal data protection policy, quality and completeness of the services provided on other websites referred to through links, hyperlinks or banners, and does not assume any responsibility for them. the CAP-A entities shall in no way be regarded as adopting or accepting the content or the services of the web sites and pages which it links to or is being connected to, in any way. the CAP-A entities does not warrant and may not be held liable for the content and functioning of links provided on or referred to on the CAP-A Service.

Therefore, the CAP-A entities shall not assume any liability for any damage suffered by the visitor/user as a result of the use of third parties web pages. These links shall be used in the exclusive responsibility of the visitor/user, and access to them and use thereof shall be subject to the terms specified on them. Therefore, for any question or problem arising during the visit to or use of such, the visitor/user must directly address such instance to the respective web sites and pages, which shall also assume fully the relevant responsibility for the provision of their services.

Disclaimers and Limitation of Liability

The CAP-A Service is provided on an “as is” and “as available” basis. Your access to and use of the CAP-A Service is at your own risk. Without limiting the foregoing, the CAP-A entities, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (the “CAP-A entities”) disclaim, to the maximum extent permitted by applicable law, all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The CAP-A entities do not warrant or represent and disclaim, to the maximum extent permitted by applicable law, all liability for: (I) the completeness; accuracy, reliability or correctness of the system or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Portal or content; (iii) the deletion of or failure to store or transmit any content and other communications maintained by the CAP-A Service; (iv) that the CAP-A Service will be available at any particular time or location, uninterrupted, secure, or error free. Any content downloaded or otherwise obtained through the use of the CAP-A Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the system.

Applicable Law

The terms and conditions of use of this CAP-A Service, as well as any modification or change thereof shall be governed by all applicable laws. Provisions in the terms of use that may contravene the above legal framework shall cease to be effective ipso jure and be removed from the web page, without affecting the validity of the other terms of use. These terms of use shall serve as an agreement between the CAP-A Service and the visitor/user of the Service. Any disputes that may arise from the implementation of these terms of use and, in general, from the use of the Service by the visitor/user, which cannot be resolved amicably, shall be governed by Greek law and fall within the competence of the Courts of Heraklion, Crete, Greece.

Severability

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Contact

If you wish to contact us for matters related to the CAP-A Portal Terms of Use, you are kindly requested to send an e-mail at info@cap-a.eu