Discuto

Preamble

cbased – Community Based Innovation Systems GmbH (hereinafter referred to as ‘discuto’) provides internet services that enable people and companies to set up discussions, exchange opinions, create surveys and provide information to other users. By accessing and using the services provided on this website the user acknowledges they have read and accepted the Terms of Service.

Terms of Service

1) Validity

Differing terms by the user are excluded and will in no case be taken into consideration unless through a written agreement issued by discuto.

The Terms of Service (ToS) are applicable throughout the duration of any further contractual relationship with discuto, even when not separately referenced.

discuto bears the right to appoint Third Parties with the provision of its services, either partially or as a whole. In this case the ToS remain applicable. We will ascertain that all chosen third parties will provide services that are in accordance with the EU General Data Protection Regulation (GDPR).

discuto reserves the right to change the ToS at any time without prior notice. Users will be informed by email and through publication on the website four weeks before changes will come into effect. If the user fails to make an objection within this period the new ToS will be deemed accepted and become effective. Otherwise the user will be excluded from the service 14 days after inception of the new ToS.

2) General conditions

The admission to the platform is only permitted with a valid email address.

The user agrees to receive email notifications and updates by discuto regarding ongoing discussions and polls as well as upcoming discussions. This agreement is revocable at any time.

Registered users may not pass on their access data to Third Parties. Accessing and/or utilising the services provided by discuto is permitted with personal user data only. Using the access data of other users is prohibited.

Without express consent in writing it is prohibited to use the platform provided by discuto, for spamming, promotional or advertising purposes.

The user agrees to apply a factual conversational tone. By using the platform provided by discuto the user agrees to refrain from submitting comments, themes, links, articles and other contributions and from using user names, signatures or user profiles that are in any way capable of being offensive, defamatory, obscene, abusive, legally liable or of promoting hatred, racism, violence, pornography and other threats or that may be capable of violating the privacy of others, discriminating minorities and other groups of individuals, morality and existing laws. The user also agrees to refrain from violating trademark laws and intellectual property rights, spamming, flooding, commercial advertising, chain letters, advertising for any type of snowball system or Ponzi scheme, etc. Also the user agrees to refrain from making available or submitting links to any kind of malicious software. These rules also apply to the choice of the user name, the signature and the entire user profile.

discuto reserves the right to delete posts and comments without indication of reasons if these posts and comments violate the ToS. In any case discuto is not obliged to engage in monitoring activities to supervise the users’ compliance to above mentioned rules. The user accepts that discuto has no monitoring duty and is only obliged to act according to Art. 16 ECG.

discuto reserves to right to revoke the writing permission of users, block users’ accounts and deny access to the platform without disclosure of reasons. This is especially applicable in case of a prior violation of the ToS.

The submission of multiple threads or posts with identical content is explicitly prohibited.

The instructions by administrators and moderators are to be followed by all users.

3) Use of data/data protection

By registering with discuto the user agrees to the following policies on the use of user data:

discuto will automatically store user data and information in electronic form. The data will be stored from the time of registration until de-registration. The categories of data collected and used for the processing operations are:

• username, eMail address, password, IP address plus facultative information the user decides to add to the user profile (e.g. first name, last name, sector, affiliation, picture, social media handles, etc.)

• data produced during ideation or document crowdsourcing projects by voting, commenting and uploading ideas, attachment, pictures and videos.

Users can download and/or delete the data stored by Discuto on their user page. Likewise subscriptions to newsletters and other information can be also managed by the user on this page.  

discuto uses third party services and will ascertain that all chosen third parties services used in accordance with the EU General Data Protection Regulation (GDPR).

discuto uses PIWIK, an open source web analysis tool (see here for more information). discuto will treat these data as strictly confidential and will not forward these data to other firms or Third Parties.

After de-registration the stored user data, such as name, address and IP address, will be deleted within 30 days. Messages, posts, comments and votes will be made anonymous and will remain accessible in the course of the services provided by discuto. The email address will be stored until revocation of the desired information emails.

In irregular intervals registered users will receive notifications on the current status of discussions and votes in which they participate and will receive notifications on upcoming votes and on very controversial issues. Furthermore, users will receive notifications when posts have been commented on by other users. The consent to receive such any notification and/or emails may be revoked at any time on the user’s profile page. The user can manage emails and notifications for a specific discussion on the description page of the respective discussion.

Discuto uses the services (SMTP server) of mailjet.com for sending emails and notifications. Your email address will be transferred to mailjet.com to deliver these services. The email address will be stored for a limited time. Please find more information on data use and protection on www.mailjet.com.

discuto offers to login via Facebook-Connect and Google+ in a two click process for privacy reasons. Your first click will activate the button, the second starts the registration process. No additional registration is needed. You will be redirected to Facebook or Google+ to register with your user data. Your Facebook profile or your Google account will be connected to discuto which gives us access to your email address, name and profile picture. We use this information only to mark your contributions on discuto, i.e. profile picture and name.

Please find more information on Facebook-Connect and Google+ and their privacy settings and use of data in the terms of use of Facebook Inc. and Google+.

4) Liability

Every user accepts that discuto merely provides the framework for an exchange of opinions, but will not be held liable for the content submitted by its users.

discuto can only be held liable towards its customers in case of gross negligence. discuto cannot be held liable for any losses of profits of its customers.

discuto can only be held liable for contents and hyperlinks submitted by its users in the case that discuto was of knowledge of the unlawful information connected with the act or information and was not aware of

A liability of discuto for contents and hyperlinks is only existent for the users if discuto was actually aware of the illegal action or information and did not cancel or close the access (§ 16 ECG). This also applies In the event of claims for damages.

Despite all precautions, safety measures and benevolence discuto does not guarantee the correctness and usability of submitted posts and comments and for the identity of its users. The submitted content does not reflect the opinion of discuto.

discuto strives to provide a correct, full-time service but cannot guarantee uninterrupted availability and accessibility. discuto cannot be held liable for delays or interruptions of data transfer.

discuto explicitly reserves the right to alter, amend or delete parts of its service or the service in full and reserves the right to delay or discontinue the publication. In case of termination of the services offered by discuto the users will be notified seven days ahead through a notification email and through publication on the website.

In accordance with GDPR discuto will ensure the protection of data against wrongful destruction, unauthorised access, loss as well as the proper use of data.