Terms of Use


Section 1 – Host, content and substance of the services provided


(1) The host of the online presence www.advocate-europe.eu (referred to herein below as the “Platform”) is MitOst e.V., Herzbergstr. 82-84, 10365 Berlin, Germany. The terms and conditions set out below provide for the rights and obligations enjoyed by, respectively incumbent on, the host and each user of the website.

(2) The host is operating the Platform so as to enable users to submit project ideas for publication, to discuss them, and to vote on them, in each case online, in the context of the “Advocate Europe” idea challenge.

 

Section 2 – Access requirements, registration

 

(1) Each visitor to the site will be able to view the project ideas published and the contributions made in discussing them without needing to meet any particular requirements.

(2) Anyone wishing to submit and publish their own project ideas, or to add to the discussions or to modify such contributions, will need to register previously.

(3) Any natural person may register with the Platform by providing a user name (nickname) that they themselves have selected, their email address, and a password that they themselves have selected. Further information may be added on a voluntary basis. Where the host accepts the application for registration, the registered user will receive a corresponding confirmation via email.

(4) Only one registration may permissibly be filed per natural person. It is not permissible to register on behalf of third parties. The host reserves the right to terminate any user relationships without notice if they are based on one and the same natural person having registered several times, or having done so on behalf of a third party.

(5) The use of the Platform is free of charge.

(6) By registering as user on www.advocate-europe.eu, the registered user agrees to receive emails in regular intervals. The emails provide information about the Advocate Europe idea challenge, new open calls, news about the winning projects and other program related developments. For more information, see the corresponding paragraph "Mailings" in the Privacy Policy.


Section 3 – Submission of project ideas, rights granted


(1) Registered users may submit project ideas to the Platform, which will be published on the Platform and which will, by their publication, participate in the idea challenge “Advocate Europe” organized by the host. When submitting project ideas to the platform, it is necessary for users to provide personal information (names and surnames) which are then publicly visible on the platform.

(2) In submitting a project idea, the user assures that this is based essentially on his or her personal considerations and objectives and that he/she personally authored it. To the extent that any third parties have assisted with developing the project idea, the user submitting it assures that all parties assisting with it have agreed to submitting such project idea. Project ideas must be written in English.

(3) The user grants the right to the host to publish, reproduce, and make publicly accessible all component parts of the project idea (texts, image data, video data, audio and other data), providing the user’s name and the surname and first name in so doing, and to otherwise disseminate such component parts both on the Platform and in any printed products that the host may prepare in the context of its idea challenge and/or in order to promote its activities as set out in the statutes. The right is granted as a non-exclusive right that is unlimited in terms of its duration and its geographic extent.

(4) The rights granted pursuant to paragraph 3 also comprise the right to grant said rights to Stiftung Mercator GmbH, Huyssenallee 40, 45128 Essen, Germany, as well as to the association Liquid Democracy e.V., Am Sudhaus 2, 12053 Berlin, Germany, with whom the host collaborates and from whom the host receives funding, the intention being to allow the grantees to use the corresponding materials to document and advertise the competition and their work in accordance with their articles.

(5) The user guarantees to the host that it holds all of the required rights to all component parts of its project idea; this concerns in particular the personal rights of persons shown in any photographs or videos submitted. The user releases the host liability for any and all claims that third parties may raise vis-à-vis the host for any potential violation of their rights by the material submitted. This claim to be released from liability also covers the costs, which may need to be incurred in such context, of appropriately reviewing the matter and, should the case arise, of mounting a legal defense, unless the user is not responsible for the objection raised by the third party.

(6) The rights are granted at no charge.

(7) In all other regards, the terms and conditions the host has put in place for the idea challenge shall apply; these are available for review here. The host may refrain from publishing any project ideas and/or refuse to allow a project idea to participate in the idea challenge if the project idea submitted is not compliant with the Funding Criteria. This provision shall not affect any other grounds for rejection, such as obvious violations of the law.

 

Section 4 – Discussion of project ideas


(1) Registered users have the opportunity to discuss the project ideas that other users have submitted by posting contributions via the “comments” / “discussion” function of the Platform. Contributions must be in German or in English.

(2) Contributions must be fact-based and neutral in tone; they may not be insulting and may not have content that is prohibited under criminal law or civil law. For further guidelines on communicating on the site, please see our Netiquette, which is available for review online here.

(3) The granting of rights pursuant to Section 3 shall apply mutatis mutandis to contributions.

 

Section 5 – Termination of the user relationship


(1) Each user may terminate his or her user relationship by correspondingly notifying the host.

(2) The termination of a user relationship does not affect the rights granted to the host until that time; instead, these rights shall continue in force. Any rights of the user that are, by law, inalienable, such as the right to revoke the rights granted, shall remain unaffected hereby.

(3) The Platform is being operated for an indefinite period; the users do not have a claim to its term being unlimited.

 

Section 6 – Liability for content


The processes of the Platform are automated, in particular the receipt and publication of project ideas and contributions to discussions. The host will not review the data submitted, prior to their publication, as to whether or not their content is appropriate and/or factually correct, nor will the host review them for any violations of the law. However, the host enters into obligation to immediately follow up on any specific indications that data are problematic.

 

Section 7 – Final provisions


(1) The use of the Platform is governed by the laws of the Federal Republic of Germany, to the exclusion of the choice of law rules of private international law. This choice of law shall not apply inasmuch as it would restrict mandatory statutory rights of a consumer having his or her permanent residence abroad.

(2) The host set out in Section 1 hereof is the controller for data protection matters. The provisions of the Privacy Policy published here apply.

Privacy Policy


Section 1 – Controller

 

The controller for purposes of data protection is MitOst e.V., Herzbergstr. 82-84, 10365 Berlin, Germany, as the host of this website.

 

Section 2 – Capture of data at visits to the website

 

When you visit our website, we will automatically capture and store in a logfile the address (URL) of each page that you access, together with your IP address and the time at which you accessed the page, the browser type and version, the operating system used and the previously visited web page. From your IP address, we cannot identify you in person. We also do not match your IP address with other data in such a way that such inference would be possible.

We will store the data so captured for a period of two weeks in order to recognise and defend against any abuse of our service, for example by denial-of-service attacks, and in order to recognise and remedy any technical errors that may be given.

This data processing is based on Article 6 par. 1 f GDPR. We will delete the aforementioned data no later than six months after it has been collected.

 

Section 3 – Further-reaching collection of data at registration

 

When you register as a user in order to be able to publish contributions on our Platform, we will collect, in addition to the data set out in Section 2, your email address as well as a user name (nickname) to be defined by yourself, and a password, likewise to be defined by yourself. The combination of these three data will form the basis of your user account, which will serve to allocate your contributions to the discussion to you. We need your email address in order to re-set your password should you ever forget it. We store these data until you or we terminate your user account. Any contributions to the discussion you may have published will remain on our website also after you have terminated your user account; however, we will anonymize your contributions by no longer showing your name, respectively your user name, together with such comments.

 

Section 4 – Further-reaching collection of data at submission of project ideas

 

When you submit a project idea as a registered user, we will collect, in addition to the data set out in Section 2 and Section 3, your first name and last name as well as the country of your current residence and, where applicable, the name of the organisation of which you form part or that you intend to establish and the country in which this organisation has its registered seat.

These additional data are required in the context of complying with our Funding Criteria, in particular in order to identify you as a participant in the idea challenge, to check whether our eligibility criteria have been complied with, and in order to be able to select venues for events such that all distances travelled by participants are kept to a minimum. We will store these data until all reciprocal claims under the idea challenge have been finally and conclusively terminated and any retention periods have expired that we as the party responsible for the idea challenge must comply with under tax law or other statutory provisions.

 

Section 5 – Information, correction, blockage, and erasure of data

 

You may at any time demand that we inform you about the data we are storing regarding your person. Furthermore, you may demand, subject to statutory requirements, that we correct erroneous data, or that we block or erase data.

 

Contact


If you send us a message by e-mail, we will save your message along with the sender details (your name and e-mail address) in order to be able to answer it and also to respond to possible subsequent questions (legal basis: Article 6 par. 1 f GDPR). For the reception, storage and sending of e-mails, we use e-mail provider who act for us as a processor in accordance with Article 28 GDPR. We will erase the information collected from your message no later than six months after the last communication with you.

If you send us a message with information legally relevant for the contractual relationship (e.g. a withdrawal or a complaint), the legal basis for the processing is Article 6 par. 1 b GDPR, regardless of how you transmitted your message to us. In such a case, we will erase the data related to your message as soon as all mutual claims arising from the contractual relationship have been completely settled and the commercial and fiscal retention periods have expired.

 

Mailings


Hereinafter we inform you about the contents of our mailings as well as the registration procedure and its dispatch, as well as your right of objection.

By registering as a user on www.advocate-europe.eu, you agree to the receipt and the procedures described. The registered user agrees to receive emails in regular intervals. The emails provide information about the Advocate Europe idea challenge, new open calls, news about the winning projects and other programme related developments.

We send you mailings by e-mail only with your consent (legal basis: Art. 6 (1) lit. a, Art. 7 GDPR). Before subscribing to the mailings, you will be informed about its contents and your consent only applies to these contents. Our mailings contain information about our services and us.

The mailings are sent by Newsletter2Go. This company is based on our legitimate interests. Art. 6 para. 1 lit. f DSGVO and as part of a processing order in accordance with Article 28 GDPR for us. Your data will be transmitted to Newsletter2Go GmbH. Newsletter2Go is prohibited from selling and using your data for purposes other than sending newsletters. Newsletter2Go is a German, certified provider, which was selected according to the requirements of the General Data Protection Regulation and the Federal Data Protection Act.

The cancellation of the mailings – i.e. the revocation of your consent - is possible at any time. At the end of each email you will find a link to unsubscribe. In order to prove your original consent, we may store your signing-up data for up to three years based on our legitimate interests.

 

Social Media


You may find Social Media Buttons on your website; they can be recognized by the logos of the social media platforms (hereinafter “platforms”) (Facebook, Twitter, Flickr). These are links to the respective platforms based in the United States (USA). Clicking on such a link calls the respective Platform’s website; at the same time, the IP address of your device and the address of the page where the link is placed (“Referrer”) will be transmitted to the Platform in the USA. However, we neither collect nor otherwise process any data related to the use of these social media buttons.

 

Your Rights


With regard to your personal data we process, you have the following rights:

a) You have the right to obtain a confirmation from us as to whether we process personal data concerning you. If this is the case, we will inform you about the personal data stored about you and the further information in accordance with Article 15 par. 1 and 2 GDPR.


b) You have the right to have your inaccurate personal data rectified without undue delay. Taking into account the purposes of processing, you also have the right to request the completion of incomplete personal data, including by means of providing a supplementary statement.


c) You can demand the erasure of your personal data concerning you under the conditions of Article 17 par. 1 GDPR without undue delay, as far as their processing is not necessary according to Article 17 par. 3 GDPR.

d) You may demand that we restrict the processing of your data if one of the requirements of Article 18 par. 1 GDPR applies. In particular, you can request the restriction instead of an erasure.

e) We will communicate any rectification or erasure of your personal data and a restriction of processing to all recipients to whom we have disclosed your personal data, unless this proves impossible or involves a disproportionate effort. We will also inform you about these recipients if you request it.

f) You have the right to receive the personal data which you provide to us in a structured, commonly used and machine-readable format. You may also request that we transmit the data to another controller without hindrance, where technically feasible.

g) As far as a data processing is based on your given consent, you have the right to, withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of the data processing based on consent before its withdrawal.


Right to object: on grounds relating to your particular situation, you may, at any time, object to processing of your personal data; this right applies to a processing, according to Article 6 par. 1 f DPRG, necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

If you exercise your right to object, we will no longer process the personal data in question unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of you, or for the establishment, exercise or defense of legal claims.

In case we process personal data for direct marketing purposes (e.g. newsletter), you may, at any time, object to processing of your personal data for the purpose of such advertising, with the result that we will no longer process your data for these purposes.

If you believe that the processing of your personal data is in breach of the GDPR, you may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. This does not exclude other administrative or judicial remedies.

Netiquette


Dear User,


We are happy that you joined „Advocate Europe.” Our aim is to create a space where ideas can be shared freely and openly – a space for discussions and exchanges. With your involvement, we want to foster a dialogue based on the sharing of knowledge and experiences – a dialogue in which people across borders, from all of Europe, learn from one another.

We would like to inform you about the rules we have established in order to ensure a friendly space for such an exchange.

Please bear in mind that any comment you make on „Advocate Europe“ can be viewed by the public. That means it can be read by anyone and found by search engines. Because of this, please do not share any information that should not be public. This especially applies to postal addresses, e-Mail accounts or telephone numbers.


Rules


  1. We encourage you to treat other users on „Advocate Europe“ with respect. As moderators, we wish to foster a platform for a free and open exchange of ideas and thoughts, knowledge and experiences.

  2. Stigmatisation based on ethnic background, religion or belief, nationality, sex, sexual orientation or social status are not allowed. Comments that aim to degrade an individual or a group of people will be deleted.

  3. By registering with “Advocate Europe,” you commit yourself not to create or upload any content that is indecent, impious, attacks people's dignity or that glorifies violence.

  4. Defamatory comments and statements of obvious historical revisionism will be deleted.

  5. The moderators may delete comments that deliberately provoke arguments or disrupt on-going exchanges. In such cases we will first point out the comment in question and only delete it if the disturbance is made willfully and clearly.

  6. The languages used on the platform are English and German. We encourage you to share your contributions in English so that the majority of users can understand you and profit from your knowledge and experience. The use of English is also much more conducive to a cross-European dialogue.

  7. Contributions and comments shall relate to the submitted project idea or discussion, be phrased in an understandable way, and follow the basic rules of spelling and grammar.

  8. By commenting you commit yourself to only share content for which you have the rights of use.

  9. Contents that openly serve advertising purposes will be deleted.

  10. We are open to constructive criticism about our work. Such criticism shall be formulated in a factual way and shall not contain insinuating or insulting content.

  11. Multiple accounts are discouraged. Please register only once. You can submit several proposals through one account.

  12. The above-mentioned criteria also apply to links or other web content that you post.

Enjoy the exchange of ideas, knowledge and experience!

For technical questions please contact us through advocate-europe-support@liqd.net. If you have any content-related questions, please contact help@advocate-europe.eu.


Moderation


We strive to make our moderation as transparent as possible. In the following we describe how and when we will step in:

  • We will intervene if a contribution violates the above-mentioned rules.

  • We will point out if comments or discussions do not refer to the submitted proposal or stray from the themes of the platform.

  • In most cases we will not delete a complete contribution, only passages. We will give reasons for our intervention via short comments and will indicate where we have made a change. Should a contribution lose its meaning as a result, we will delete it completely and will indicate this change.

  • Contributions that contain infringements under criminal law or violate the dignity of others will be deleted immediately. This will be followed by an explanation from the moderators about the reason for the deletion, as set forth in this Netiquette and the conditions of use. A criminal complaint may be filed.

  • If there are repeated examples of comments which violate our rules, we reserve the right to disable the comment function. This shall only happen with advance notification, although under exceptional circumstances it could occur immediately.

  • If a user infringes upon our rules continuously or severely, they will be warned with a personal message or an email. In serious cases, or in the case of regular infringements, we reserve the right to exclude a user from the community.

Please share with us your questions or comments about moderation privately. You can contact help@advocate-europe.eu about this at any time.


Origin of ideas


As stated in the terms of use, “Advocate Europe” does not verify the origin of submitted ideas. As a user you bear responsibility for your comments and contributions. As a user, you carry the responsibility for ensuring that the idea or proposal(s) you submit are either your own or are being used with the consent of their originator(s).

 

Finally


We wholeheartedly encourage you to re-read your contributions before hitting “send.” Could the comment be misunderstood as an insult by others? Is it formulated in an understandable way? Does it say what you want to say and should the whole world hear this opinion?

Have a great time!

Your Advocate Europe - Team

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