GENERAL CONDITIONS OF USE
READ IT CAREFULLY: WHEN YOU ACCESS THE VOLUNTARIADO.EDP.COM WEBSITE OR LOGIN INTO IT AND/OR USE ANY SOFTWARE, APPLICATIONS OR SERVICES INSERTED WIHIN IT, EVEN THOUGH OFF-LINE, YOU FULLY AGREE WITH THE CONDITIONS HEREIN, AS WELL AS WITH THE OTHER POLICIES AND/OR RULES REFERRED TO HEREIN. IF YOU DO NOT AGREE WITH ALL THESE CONDITIONS, DO NOT USE THE VOLUNTARIADO.EDP.COM WEBSITE AND NONE OF THE OTHER RELATED WEBSITES OR SERVICES.
For the purposes of the General Conditions of Use ("GCU"), "USER" is each and any individual or corporation that accesses the voluntariado.edp.com website, hereinafter referred to as “VOLUNTEER PLATFORM”.
The application and respective functionalities of the VOLUNTEER PLATFORM are provided by Purple Networks LLC, with headquarters located at 429, Lenox Avenue, Suite 551, ZIP 33139, in the city of Miami Beach, Florida State, USA and registered in EIN under number 61-1814069 ("V2V.NET").
The use of the VOLUNTEER PLATFORM, the definition of the Volunteer Program, its contents and Volunteer Actions, admission, authorization or elimination of USERS’ accounts, interaction and moderation of USERS’ contents, the management of reports with USERS’ data analysis jointly issued are the responsibility of those “In Charge of the Treatment” of the users’ personal data better identified at Item 1 herein.
When you use the VOLUNTEER PLATFORM, you state that you are over 18 years old or, if you are a minor, you are accompanied by a legal representative and that you are legally authorized to accept the General Conditions. If you are using the VOLUNTEER PLATFORM on behalf of an entity and/or corporation, you ensure you are authorized to accept the GCU on behalf of the respective entity and/or corporation.
The VOLUNTEER PLATFORM commits to ensure your privacy. You must verify the "PRIVACY POLICY" below in order to obtain detailed information on how the VOLUNTEER PLATFORM gathers the USERS’ personal data and how it treats them.
ON THE PURPOSE OF THE VOLUNTEER PLATFORM
The purpose of the VOLUNTEER PLATFORM is to gather and integrate USERS whose goal is to implement both social and philanthropic projects, as well as to engage in voluntary actions, without receiving any compensation or establishing any kind of labor relation. The VOLUNTEER PLATFORM acts as a communication platform among USERS, which enables:
- to disclose various social projects and actions;
- to present volunteering opportunities in social actions;
- to disclose actions that have been and/or are being implemented; and
- to exchange both competencies and experiences among the Platform USERS.
In attention to its purpose, the VOLUNTEER PLATFORM will only disclose and promote volunteering social actions and opportunities from other USERS, from the Volunteer Promoter and/or from third parties.
INTELLECTUAL PROPERTY
The intellectual property rights of all contents of the VOLUNTEER PLATFORM that are not outsourced and, as such, are duly identified, belong to V2V.NET, and are protected by the general terms of law and by the national and international legislations that protect the intellectual property, the copyrights and related rights, as well as by the Law of Computer Crime.
This website also has texts, illustrations and photos that cannot be copied, changed or distributed unless with express authorization of their authors.
It’s expressly forbidden to copy, change, replicate, display, disclose, distribute, transmit or use the contents of this website, by any means or for any purpose, without the prior written consent of V2V.NET, or of their authors, which may include the Volunteer Promoter or Partners, in relation to the content that is licensed and duly identified.
When the USER accepts these GCUs, he is aware that all brands, as well as any kind of commercial names or logos made available in the VOLUNTEER PLATFORM belong to V2V.NET, to the Volunteer Promoter or to Partners. Therefore, this cannot be considered as authorization for the USER to quote or use such brands, commercial names and logos without previous written consent.
Except as stated herein, these GCU do not grant to the USER any intellectual property rights on the Platform. When he accepts this document, the USER acknowledges that the license granted on his behalf only gives him the right to use the Platform in a limited manner, according to the terms established herein.
It is also expressly forbidden to use metabrands or any other kind of "hidden code" containing the expressions "V2V", “EDP” or any other expressions that are either identical or similar to the brands, logos, slogans, domain names, distinctive signs and corporate names pertaining to the VOLUNTEER PLATFORM and/or to the Portal Agents, without the previous written consent of the latter’s legal representatives, except for the cases expressly authorized herein.
The Portal Agents have the right to eliminate any account or USER information that violates any of the situations mentioned above.
ON THE USE OF THE VOLUNTEER PLATFORM
Provided that the GCUs are respected, you have the right to use the VOLUNTEER PLATFORM. However, it is expressly forbidden: (a) to replicate or retransmit the VOLUNTEER PLATFORM, either partially or fully; (b) to use any datamining and/or some similar device to gather and/or extract data from the VOLUNTEER PLATFORM; (c) to manipulate or display the VOLUNTEER PLATFORM and/or its respective content using a related framework or browsing technology; (d) to carry out reverse engineering in the VOLUNTEER PLATFORM; (e) to make more than one registration per USER in the VOLUNTEER PLATFORM; and (f) to grant, lend and/or disclose their data and passwords to any third parties in any way.
ON THE LICENSE
The USERS that are either indicated or authorized by the Volunteering Promoter that use the VOLUNTEER PLATFORM will be granted a limited, free, temporary, non-exclusive and not transferable license to use the basic functionalities of the VOLUNTEER PLATFORM, according to the conditions foreseen herein.
All rights pertaining to the VOLUNTEER PLATFORM are reserved, regardless if they were expressly regulated herein. The USER will have no right whatsoever pertaining to the VOLUNTEER PLATFORM, besides those expressly foreseen herein. Among other things, he may not sublicense, change, adapt or customize the VOLUNTEER PLATFORM.
In order to ensure the quality of the VOLUNTEER PLATFORM, new functionalities may be included in the updates or in the new versions of the VOLUNTEER PLATFORM. In addition, old functionalities may no longer exist and/or they may undergo limitations. It is not mandatory to keep active any tool, functionality or service that has already been offered in the past, regardless if it was paid or free.
In order to ensure the VOLUNTEER PLATFORM’s proper operation, the USER commits to keep both the VOLUNTEER PLATFORM and its browsers always up to date, both installing and using the latest available versions. The Portal Agents are not accountable for occasional damage that the USER might suffer due to the discontinuation and/or change of the old versions of the VOLUNTEER PLATFORM. Thus, we recommend the USER to access the VOLUNTEER PLATFORM often in order to verify the new updates.
The VOLUNTEER PLATFORM and/or the Portal Agents may report any licenses regulated herein, regardless of justification.
If the USER violates the GCU, the VOLUNTEER PLATFORM and/or the Portal Agents may interrupt the USERS’ access to the VOLUNTEER PLATFORM, without the need for any previous interpellation or notification, and they may permanently exclude and/or eliminate all and any USER’S data contained or inserted until then in the VOLUNTEER PLATFORM. If there are interruption of access and/or exclusion of data, the USER agrees to discharge completely both the VOLUNTEER PLATFORM and the Portal Agents from all and any liability that might result from any loss and damage experienced by the USER and/or third parties.
ON HOW THE VOLUNTEER PLATFORM WORKS
The VOLUNTEER PLATFORM may not work correctly due to network problems and/or due to connection problems by any of the parties involved, which are situations beyond the control of the Portal Agents and, therefore, they will not be accountable for them.
Besides, the USER is also aware that the VOLUNTEER PLATFORM may not be compatible with some of the software installed in his computers or devices and/or may have failures, which are still unknown to the Portal Agents, but which may occasionally obstruct the USER’s access to the VOLUNTEER PLATFORM, generate wrong information and/or not store properly the data resulting from the USER’s activity in the VOLUNTEER PLATFORM.
PRIVACY POLICY
The current privacy policy intends to inform the USER how the personal data collected and managed through the Volunteer Platform are dealt with.
The USER must read carefully this privacy policy and decide freely if he intends to grant his personal data before using the Volunteer Platform.
The USER ensures that he is over 18 years old and that the data provided is true, exact, complete and current, being accountable for any disagreement. If the data provided belongs to someone else, the USER ensures that he has informed the other person about the conditions foreseen herein and that he has been authorized to grant the person’s data for the purposes indicated.
1 – Accountable For the Processing:
The following are accountable for processing the personal data:
- EDP, SA, a society with headquarters located at Avenida 24 de Julho, nº 12, 1249-300, in Lisbon.
- Purple Networks LLC, with headquarters located at 429, Lenox Avenue, Suite 551, ZIP 33139, in the city of Miami Beach, Florida State, USA.
Each of the accountable corporations identified above process the personal data according to their own purposes.
You can contact EDP, SA (hereinafter referred to as “EDP, SA”) regarding any issue pertaining to this privacy policy, indicating “EDP – Personal Data Privacy” as subject and through the following means of contact:
- Mail: Avenida 24 de Julho, nº 12, 1249-300, in Lisbon
- E-mail: dpo.pt@edp.pt
You can contact Purple Networks LLC, with headquarters located at 429, Lenox Avenue, Suite 551, ZIP 33139, in the city of Miami Beach, Florida State, USA and registered in EIN under number 61-1814069 (hereinafter referred to as “V2V.NET”) regarding any issue pertaining to this privacy policy, indicating “V2V.NET – Personal Data Privacy” as subject and through the following means of contact:
- Mail: 429, Lenox Avenue, Suite 551, ZIP 33139, in the city of Miami Beach, Florida State, USA
- E-mail: dpo@v2v.net
The accountable corporations identified above process the User’s personal data according to the legislation applicable in this matter, specifically to the Regulation (EU) 2016/679 of the European Parliament and of the European Council, of 27 April 2016 (“GDPR”) and Law nº 58/2019, of 8 August, which implements the GDPR in the national legal system.
2 – Gathered Data, Processing Purposes and Legal Basis:
2.1 – Gathered Data:
Through the Volunteer Platform, the accountable corporations process the following personal data for their respective purposes:
- Name;
- Surname;
- Type of USER (Collaborator, Guest, etc.);
- E-mail;
- USER’S Language;
- Gender (this information is requested in order to make specific t-shirts or uniforms for each Volunteer Action and to issue reports in an aggregate manner pertaining to the adhesion to the Volunteer Actions);
- Date of birth (this information is requested in order to make t-shirts or uniforms in a size compatible with the user’s age for each Volunteer Action and to analyze and issue reports in an aggregate manner pertaining to the adhesions to the Volunteer Actions by age group);
- Tax number;
- Photos taken during the Volunteer Actions;
- USER’S City;
- USER’S Country;
- Phone number;
- Identification of the company where the USER works or renders services;
- Occupation;
- Workplace (through link with the webpage that represents the unit in the website);
- Labor contract;
- Collaborator number;
- Interests (optional);
- Personal description (when the USER creates a USER account he may have the option to add information about himself that he intends to keep visible in his profile to the other USERS);
- Background of interventions and participations in Volunteer Actions: the data will be available for consultation by the Volunteer Program manager, for administrative activities and to generate statistics about the participations of a specific USER and/or about the entire program. The manager may forward communications to people who participated in an action. The USER may disable receiving those messages in his profile;
- Institution where he has intervened, participation in groups, committees, teams, departments and friends in the Volunteer Platform;
- Check-in in Volunteer Actions: Mechanism to confirm attendance in an address indicated in the action. In order to verify that you are in the action’s place, the browser used by the USER will request access to the person’s location. If you allow, we will have access to the pair latitude/ longitude that determines the USER’s location at the time of check-in. It will be stored together with the date of confirmation of the USER’s presence. The manager of the Volunteer Program may access this report;
- USER’S IP: Amazon;
- Operating System and Browser: Amazon;
- Device Used: Google Analytics.
The following outsourced services that V2V uses in its platform will have access to personal data of the tool’s USERS:
- Amazon: Servers that host the application V2V, as well as its databank, with all the information present at the tool. They know all the data that the person published in the website in addition to his operating system, browser and IP.
- Mandril, Mailgun and Amazon SES: Services used to trigger automatic messages of the tool and segmented messages. They have access to the USER’S full name, e-mail and ID, as well as to the content of the message sent. The service keeps the content of the message for no more than 1 month and the personal data for 3 months after a USER sends the last message.
- GoogleAnalytics: Service used to monitor the accesses to the website, pages accessed in the website, USER’S IP, operating system, browser, device used, and USER’S IP location. The USER is informed that this gathering takes place through cookies when he accesses the homepage, and that he may disable the cookies if he disagrees about giving away the data.
- Rollbar: Service used to monitor failures in the website. It has access to the USER’S IP, location, name, surname, e-mail, operating system and browser.
2.1.1 – When USER creates a user account, accesses or uses the Volunteer Platform, the USER allows some of his data to remain visible to the other registered USERS who don’t lead any Volunteer Actions, Action Themes or Pages (of an Institution, Unit, Regional, Committee, etc.), namely:
- Name;
- Surname;
- City;
- Personal description (when the USER creates a USER account he may have the option to add information about himself that he intends to keep visible in his profile to the other USERS);
- Workplace;
- Interests;
- Background of interventions and participations in Volunteer Actions;
- Institution where the person has intervened, participation in groups, committees, teams, departments and friends in the Volunteer Platform.
The data gathered mentioned above will be processed according to the consent of the data holder.
2.1.2 – When the USER creates a user account, accesses or uses the Volunteer Platform, he authorizes some of his data to remain visible to the other registered USERS, who lead Volunteer Actions, Action Themes or Pages (of Institution, Unit, Regional, Committee, etc.) and that, for being Program Managers, they have the power to gather other information to fulfill in a better way the purposes of the VOLUNTEER PLATFORM, specifically:
- Name;
- Surname;
- City;
- E-mail;
- Phone number;
- Identification of the company where the USER works or to which he renders services;
- Occupation;
- Workplace;
- Personal description (when the USER creates a USER account he may have the option to add information about himself that he intends to keep visible in his profile to the other USERS);
- Interests;
- Background of interventions and participations in Volunteer Actions;
- Institution where he has intervened, participation in groups, committees, teams, departments and friends in the Volunteer Platform;
Within the scope of the Volunteer Actions and other pages (Institutions, Teams, etc.) created in the website by each of the Accountable parties, considered individually, the USERS who lead the respective pages may also send a form to each of the USERS registered in the Platform who may want to participate in that page, requesting additional information that fit in the initiative purposes and that is relevant to carry it out. In these cases, the accountable party that creates the form will have access to the answers of all participants. The accountable parties are informed that they must use the gathered data only to turn the participation of those registered in that initiative feasible. In the same way, the USERS are informed that they will fill in a term created by the party accountable for the page, who will have access to the data.
The data gathered mentioned above will be processed according to the consent of the data holder.
In the Volunteer Actions and events, photos (images) may be captured in which the USER is identified. They will be published and disclosed in the Volunteer Platform and will remain visible to the other USERS registered in the platform.
2.2 – Processing Purposes
The party accountable for the processing:
- EDP, SA, a society with headquarters located at Avenida 24 de Julho, nº 12, 1249-300, Lisbon.
process the personal data for the following purposes:
To allow the use of the Volunteer Platform;
To promote and disclose the Volunteer Actions and Events;
Admission and authorization of the USERS;
To eliminate USERS’ accounts;
To interact and moderate;
USERS’ data analyses and issuance of reports;
To elaborate reports and to generate statistics that allow: a) to get to know better your Volunteer Program, as well as the challenges and interests of the volunteers, in order to turn the offering of actions more interesting to the public and more effective to the community to which it is directed; b) to justify the company’s investment in social actions and to inform the society about the company’s interest in the public affairs;
To send segmented messages to the registered volunteers according to their interest, offering Volunteer Actions or sending information to the users according to manual or automatic analyses based on three criteria: f.1) actions, groups, institutions and any page in which the volunteer has participated in the past; f.2) actions, groups, institutions and any page that the USER has led in the past; f.3) causes that are interesting for the volunteer (if he chooses to share this information in his profile); f.4) type of USER (whether he is a company employee, a guest, etc.). * For legal purposes, one must separate paid work and volunteer work through the registration of the volunteering activities that take place in the website
The party accountable for the processing:
- Purple Networks LLC, with headquarters located at 429, Lenox Avenue, Suite 551, ZIP 33139, in the city of Miami Beach, Florida State, USA and registered in EIN under number 61-1814069 ("V2V.NET")
process the personal data for the following purposes:
To operate and improve the VOLUNTEER PLATFORM;
To develop new functionalities to fulfill the demands of the Volunteer Program and to carry out surveys pertaining to the use of the website that bases its evolution;
To provide customer services to the USER;
To turn easier for the USER to identify and access the Volunteer Platform;
To monitor and provide safety of the platform to identify failures and to carry out the platform’s maintenance;
To eliminate USERS’ accounts;
To provide the necessary interactivity to the Volunteer Platform;
To render customer services to the Program leaders;
To send automatic e-mails to the USERS regarding their interactions in the website. The USER may choose to receive those messages or not in their profile settings;
To improve the USER’S experience in the website, showing a segmented homepage, with actions close to the location informed in the USER’S profile.
To report data regarding suspect activities to competent authorities.
2.3 –Legal Basis:
The accountable parties process the USER’s data due to his adhesion to the Terms and Conditions for the latter to have access to the Volunteer Platform and its respective functionalities. In turn, the access to the Volunteer Platform presupposes the creation of a using account, which implies that the USER can choose if he wants to share personal data or not.
The accountable parties will process the personal data mentioned above according to the data owner’s consent.
3 – Recipients:
3.1. The USER’s personal data may be communicated to a trustworthy service renderer hired by the parties accountable for the processing, who will process the data exclusively for the purposes set by the accountable parties and according to their instructions.
3.2. The parties accountable for the processing may also communicate the data to other entities that qualify themselves as parties accountable for the data processing, using them for their own purposes, if they comply with the lawfulness conditions foreseen in the General Rule of Data Protection, as public authorities.
- Amazon: Servers that host the application V2V, as well as its databank, with all the information present at the tool. They know all the data that the person published in the website in addition to his operating system, browser and IP. For further information, the USER may refer to the “Terms of Use and Privacy Policy” available at www.aws.amazon.com/privacy/.
- Mandril, Maigun and Amazon SES: Services used to trigger automatic messages of the tool and segmented messages. They have access to the USER’S full name, e-mail and ID, as well as to the content of the message sent. The service keeps the content of the message for no more than 1 month and the personal data for 3 months after a USER sends the last message.
- GoogleAnalytics: Service used to monitor the accesses to the website, pages accessed in the website, USER’S IP, operating system, browser, device used and USER’S IP location. The USER is informed that this gathering takes place through cookies when he accesses the homepage, and that he may disable the cookies if he disagrees about giving away the data. For further information, the USER may refer to the “Terms of Use and Privacy Policy”, available at www.policies.google.com/privacy.
- Rollbar: Service used to monitor failures in the website. It has access to the USER’S IP, location, name, surname, e-mail, operating system and browser. For further information the USER may refer to the “Terms of Use and Privacy Policy” available at www. docs.rollbar.com/docs/privacy-policy.
4 – International Transferences:
The data processing for the indicated purposes implies its communication to companies of the EDP Group headquartered and third parties in countries outside the territory of the European Economic Space (further information on the geographies where EDP operate at www.edp.com). This personal data communication is based on information systems that have the appropriate technical information safety measures, such as, for example, the encryption of the contents and of the communications and the use of safe servers.
When the personal data processing implies its communication to third parties headquartered in countries outside EES, the parties accountable for the processing will ensure that these countries have the appropriate warranties to deal with the personal data, because of the exposure to risk by the data Holders.
More specifically, international data transfers made to the United States will be based on the formalization of the Standard Contractual Clauses approved by the European Commission on June 4, 2021, and on the implementation of additional security measures in order to guarantee an adequate level of protection.
Additionally, the data collected during your navigation on our website, namely through cookies and other similar technologies, may also be transferred outside the EEA if you give your consent to the placement of certain categories of cookies (eg analytical cookies). These cookies are placed by third parties that may transfer your data to countries that do not have an adequacy decision from the European Commission and that do not offer a level of protection of personal data essentially equivalent to that of the European Union (eg United States of America) , such as the web analysis and optimization service “Google Analytics”, provided by Google Ireland Limited. As an example, sharing data with service providers outside the EEA (such as Google LLC) may lead to disproportionate access to your data by government authorities and intelligence services in the country importing the data or inability to effectively exercise their rights. For more information on the use of these cookies, see our Cookies Policy.
If the Data Subject wishes to obtain more information about the processing of personal data carried out outside the EEA, including the safeguards adopted in the transfer of data, he may contact those responsible for the treatment at the contacts provided in this Policy.
5 – Conservation Period:
Period during which the User keeps his User Account active.
When a USER ends his account in the website or when an administrator excludes his profile, he immediately disappears from the website. However, V2V.NET still keeps the personal data for three months. After that, the data becomes anonymous and continues to be processed for all purposes herein, without being possible to identify the author of the registrations.
Backups of all data, including personal data, are kept separately until 13 months after the user’s exclusion, and are used only to fulfill legal obligations.
6 – USERS’ Rights:
The USER, as holder of the personal data, or his legal representative, has the right to access, rectify, limit, carry out portability, erase and go against the personal data processing, in certain circumstances, which may be exercised according to the terms herein:
Right to Information Report means that the USER has the right to obtain information that is clear, transparent and easily understandable on how the parties accountable for the data use his personal data and what are his rights.
Right to Access means that the USER has the right to obtain information on the personal data that the accountable parties process and certain information on how they process it.
Right to Rectification means that the USER has the right to ask the accountable parties to take reasonable actions to correct his personal data that might be incorrect or incomplete.
Right to Erase the Data, also known as the “right to be forgotten”, means that the USER may request the erasure or the elimination of his data, provided there are no legal obligations for the accountable parties to continue to use it.
Right to Limit the Processing means that the USER has the right that his data can only be processed, except for its conservation, with his consent or for the purposes of declaration, performance or defense of a right in a legal suit, one of defense of the rights of another singular or collective person, or for important reasons of public interest of the Federal or a State Government, while the accountable parties evaluate a rectification request or as an alternative to erasure.
Right to Data Portability means that the USER has the right to obtain and reuse certain personal data for his own purposes. This right is only applicable to the personal data that the USER has supplied directly to the accountable parties, based on a contract or consent and it must be processed by automatic means.
Right to Go Against means that the USER has the right to go against certain kinds of processing, for reasons pertaining to his private situation, whenever this processing takes place.
Right to Complain means that the USER has the right to lodge a complaint to the competent control authority, the National Commission for Data Protection (CNPD), if he considers that the processing of the personal data violates his rights and/or the applicable data protection laws.
The USER may exercise his rights through the contacts mentioned in Item I.
If the USER feels that the parties accountable for the processing violated his rights, he may lodge a complaint to the corresponding Control Authority.
For any matter pertaining to this privacy policy, the User may also forward his claim to the Person in Charge of Data Protection of EDP Group to the following e-mail: dpo.pt@edp.pt
For any matter pertaining to this privacy policy, the User may also forward his claim to the Person in Charge of Data Protection of V2V.NET to the following e-mail: dpo@v2v.net.
- When the USER shares his information in open or interactive areas with other USERS or third parties: the USER is aware that the information shared with other USERS and/or any other third parties due to the use of the VOLUNTEER PLATFORM may be seen/used by third parties who use the VOLUNTEER PLATFORM, either directly or indirectly. Therefore, the USER knows and acknowledges that such information may be accessed by third parties, as well as he is fully and exclusively accountable for any risk originating or deriving from the accesses of third parties to such contents and information;
Safety of Your Personal Information
The safety of the information is very important for the VOLUNTEER PLATFORM. Therefore, all reasonable market efforts are used to ensure the safety of the respective systems when storing such information.
The VOLUNTEER PLATFORM adopts the sector’s safety patterns in order to help protect the information gathered.
However, there is no totally safe electronic storage method.
The USER is aware of the characteristics and constraints, limitations and failures of the Internet, and, namely, that the data and information through the Internet, which circulate in heterogeneous networks of various characteristics and technical capacities, benefit from a relative technical reliability. Those conditions may either disturb or turn unfeasible the access in certain periods.
The USER acknowledges and he is willing to run the inherent risks, that any website is subject to intromissions by unauthorized third parties and that, therefore, it may be interrupted, as well as that the information that circulate in the Internet is not protected against occasional viruses, deviations (free access) and that anyone is subject to create a link with access to the website and/or elements therein.
THEREFORE, EVEN THOUGH WE MAKE AN EFFORT TO PROTECT THE GATHERED INFORMATION, WE CANNOT ENSURE ABSOLUTE SAFETY.
The USER acknowledges that his account is personal and that it may only be accessed using both login and password created by the USER himself at the time of registration. In fact, the USER is the only and exclusive accountable party in charge for keeping the secrecy of his login and password in order to ensure the safety of his account and to block the unauthorized access by third parties.
The USER is exclusively accountable for all activities pertaining to his account. Therefore, if there is loss, theft or suspicion of improper use of his account, login or password, he must inform the Portal Agents so that they can take the necessary action. If they verify the duplicity of accounts, the Portal Agents may permanently disable all the duplicated registrations, regardless of any prior announcement.
LINKS
The Portal Agents do not recommend and are not accountable, either directly or indirectly, for quality, content, nature or reliability of outsourced websites, products or services accessed through links available in the VOLUNTEER PLATFORM, as well as for outsourced websites, products or services that have links to the VOLUNTEER PLATFORM.
Those websites are not controlled by the VOLUNTEER PLATFORM or by the Portal Agents. Since they do not either belong or are controlled by them, the Portal Agents are not accountable in any way for the content, accuracy, policies, practices, and opinions expressed in any of those websites.
When the USER leaves the VOLUNTEER PLATFORM, the GCU will no longer be applicable. Therefore, the USER should verify the terms and policies of any website and/or application to which he is directed.
Because of what has been said in the paragraphs above, the USER agrees not to hold the Portal Agents accountable for losses, damages or other problems of any nature that may derive from the use of websites containing links to the VOLUNTEER PLATFORM, or whose links are available in the VOLUNTEER PLATFORM, as well as is aware that any negotiation with such websites does not involve, tie and/or obligate the Portal Agents.
INTERACTIVE AREAS
The VOLUNTEER PLATFORM may include interactive areas or services, such as discussion forums, social networks, etc., or tools for direct communication with third parties’ interactive services (Facebook, Twitter, YouTube, etc.), in which the USER or third parties can create, publish and/or store messages, comments or other contents ("Interactive Areas").
When using an Interactive Area, the USER must recall that those areas are open (to other USERS and sometimes to the public) and that third parties may see any information that is either published or supplied by the USER. The Portal Agents are not accountable for information posted or sent by the USER regarding the Interactive Areas, nor for how other people may use such information, even sending unrequested or offensive messages.
The Interactive Areas may involve any kind of content or information and, if the VOLUNTEER PLATFORM supplies those services, the USER expressly agrees to use only those services to send appropriate messages and that are according to the valid legislation. Next is a list that exemplifies illegal or inappropriate messages and that, therefore, are forbidden in the VOLUNTEER PLATFORM:
- May offend the online community or the society, such as, for example, a content that encourages any kind of racism, religious or political segregation, prejudice, intolerance, hatred or any kind of damage against any group or person;
- Are harassment or that encourage the harassment of someone else, regardless if this person is a USER of the VOLUNTEER PLATFORM or not;
- Involve the massive transmission of "spam”, “chain e-mails” or unrequested mail;
- Promote false and misleading information, illegal activities or behavior that is abusive, obscene or incompatible with the public order, moral and good manners;
- Involve the publication and/or the insertion of any materials containing imagens of minors without the express written consent of the legal authorities;
- Promote an illegal or unauthorized copy of outsourced works protected by copyright or similar; or,
- Are or encourage a behavior that may be considered a criminal offense, that is, in any other way, against the law or that violates the rights of any other person in any country in the world.
The VOLUNTEER PLATFORM reserves the right to change this list at any time, and to investigate and take appropriate legal action, according to its sole discretion, against any USER who contravenes this device, including and without limitation, removing the inadequate communication and the termination of the right of such offenders to use the VOLUNTEER PLATFORM.
By posting or distributing messages in Interactive Areas, you expressly grant to the VOLUNTEER PLATFORM and to Portal Agents and their professional partners the final and irrevocable right of making the content of these messages available. They can be freely used, copied, published, translated and distributed in any medium and in any manner, including by third parties, without your express permission at the time of use.
You agree not to post or distribute any information or material whose rights, including intellectual property, belong to third parties, without the express written consent of such parties, and you also agree to exempt the Portal Agents from any civil or criminal liability in the case of any demand that arises from, or is related to, your breach of this device.
CLAIMS OF RIGHTS
If the USER believes that the VOLUNTEER PLATFORM or any content within it violates his rights or rights that are under his control, he can communicate it through the "Contact Us" voluntariado.edp.com/contact-us/new, but both the VOLUNTEER PLATFORM and the Portal Agents reserve the right to remove or keep such content, according to the rules and guidelines of the applicable legislation.
In addition, the USER is aware that the Portal Agents may not be rendered accountable for any damages deriving from a content generated or published by third parties, except in the cases expressly foreseen in the current legislation.
USER’S ACCOUNTABILITY
The USER commits to
(i)Use the Platform properly and diligently, in accordance with these GCU, with the law, morality, good customs and public order;
(ii) Keep the environment of his access devices to the Platform safe, by using specific tools for that, such as anti-virus, firewall, among others, in order to contribute for the prevention of electronic risks;
(iii) Not explore in a malicious manner the safety of the Platform to practice illegal actions, forbidden by law and by these GCU, which harm the rights and other people’s interests, or that, in any way, may damage, disable, overload or deteriorate the Platform, as well as the computer equipment from other USERS, as well as the documents, files and all content stored in its devices or hinder the normal use or the enjoyment of the Platform and the Services;
- Ensure the truth, quality, integrity and lawfulness of your data and of the means through which it was acquired.
The USER states and ensures that all the contents that he inserted in the Platform:
(i) Do not violate the Portuguese legislation, the terms of these GCU and other applicable rules;
(ii) Do not violate and will not violate any obligation or right of any third parties, either an individual or a corporation, including, without limitation, intellectual property, copyrights, image rights, privacy, consumer rights, among others; and
(iii) Are not illegal, such as, for example, racist, threatening, obscene, pornographic or violent or ones that encourage violence, nor can it strike someone else’s honor, and are not injurious, scurrilous or defamatory, among others.
Any damage caused by the USER to the Portal Agents or to others for not fulfilling the obligations herein or by the untruthfulness of the warranties stated herein will be fixed exclusively by the USER who caused the damage.
Therefore, the USER is accountable for defending, compensating and exempting the Portal Agents, its employees, agents, collaborators, partners, outsourced hosts and independent suppliers from any claim, damage, cost, burden, accountability and/or expense (including, but not limited to legal fees):
- Deriving from or pertaining to any content that the USER publishes, stores and/or transmit in the VOLUNTEER PLATFORM or through the VOLUNTEER PLATFORM;
- For his behavior, his use or inability to use the VOLUNTEER PLATFORM;
- For his violation or supposed violation of the GCU and other VOLUNTEER PLATFORM policies;
- For his unauthorized use of content from the VOLUNTEER PLATFORM, or
(v)For his violation of any rights of third parties.
ACCOUNTABILITY
V2V.NET ensures that, except for the hypotheses mentioned herein, the Platform will operate twenty-four (24) hours a day, seven (7) days a week, including holidays. It must have full access and operation conditions during at least ninety-five percent (95%) of the time.
If failures are verified in the use of the Platform or if there are any difficulties of access, he must communicate it to suporte@v2v.net.
V2V.NET reserves the right to change, suspend or discontinue temporarily the functionalities made available in the Platform to carry out its maintenance, updating and setting adjustments. It will not be accountable, under any circumstances, for occasional losses and damages, including lost profits pertaining to the suspension of access to the Platform.
Accountability Exemption
THE USE THAT THE USER MAKES OF THE VOLUNTEER PLATFORM IS AT HIS EXPENSE AND RISK.
ONLY THE USER IS ACCOUNTABLE FOR ANY LOSS OR DAMAGE DERIVING FROM THAT USE.
THE VOLUNTEER PLATFORM IS SUPPLIED “AS IT IS” AND “ACCORDING TO AVAILABILITY”, WITHOUT ANY COMMITMENT AS TO OUTCOMES OR FIABILITY, EXCEPT FOR ITS NORMAL DEVELOPMENT.
WITHIN THE LIMITS OF THE LAW, THE PORTAL AGENTS ARE EXPRESSLY EXEMPT FROM ALL ACCOUNTABILITY DERIVING FROM AN OCCASIONAL WRONG USE OF THE PLATFORM BY THE USER.
THE PORTAL AGENTS DO NOT REVIEW, REGULATE AND CONTROL THE MESSAGES AND/OR THE CONTENT THAT ARE EITHER POSTED OR DISTRIBUTED BY USERS IN THE VOLUNTEER PLATFORM, INCLUDING THROUGH ANY FORUMS, CHAT ROOMS OR OTHER COMMUNICATION TOOLS, AND THEY WILL NOT BE ACCOUNTABLE, IN ANY HYPOTHESIS, FOR SUCH MESSAGES. THE PORTAL AGENTS EVEN RESERVE THE RIGHT TO EITHER REMOVE OR BRING ABOUT THE REMOVAL, AS THE CASE MAY BE, ACCORDING TO THE EXCLUSIVE DISCRETION OF THE PORTAL AGENTS, FOR ANY REASON AND WITHOUT PRIOR ANNOUNCEMENT, ANY MESSAGES FROM USERS AND/OR CONTENT OF THE VOLUNTEER PLATFORM.
THE PLATFORM AGENTS DO NOT ENSURE THAT:
(A) THE VOLUNTEER PLATFORM WILL FULFILL THE USER’S NEED;
(B) THE VOLUNTEER PLATFORM WILL OPERATE CONTINUOUSLY, PUNCTUALLY, SAFELY AND WITHOUT ERRORS;
(C) THE CONTENT THAT IS AVAILABLE OR GENERATED IN THE VOLUNTEER PLATFORM WILL BE PRECISE OR RELIABLE;
(D) THE QUALITY OF THE VOLUNTEER PLATFORM WILL FULFILL THE USER’S EXPECTATIONS, AND;
(E) ANY ERRORS EITHER IN THE CONTENT OR IN THE VOLUNTEER PLATFORM WILL ACTUALLY BE CORRECTED.
THE PORTAL AGENTS DO NOT ENSURE THAT THE CONTENT OF THE VOLUNTEER PLATFORM IS FREE FROM CONTAMINATION BY VIRUSES OR BY OTHER CONTAMINATING ELEMENTS THAT MAY BE EITHER HARMFUL OR DESTRUCTIVE.
THE VOLUNTEER PLATFORM MAKES AN EFFORT TO ENSURE THAT RELIABILITY OF THE CONTENT, BUT IT CANNOT ENSURE ITS ACCURACY, CORRECTION OR RELIABILITY.
Accountability Limitation
THE PORTAL AGENTS, DIRECTORS, OR EMPLOYEES WILL NOT BE ACCOUNTABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND OTHER DAMAGES (EVEN IF THE PORTAL AGENTS HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(A) USE OR IMPOSSIBILITY TO USE THE VOLUNTEER PLATFORM
(B) UNAUTHORIZED ACCESS, CHANGE OF THE USER’S TRANSMISSIONS OR OF THEIR DATA;
(C) DECLARATIONS OR ACTIONS BY THIRD PARTIES MADE THROUGH THE VOLUNTEER PLATFORM;
(D) USER’S RELIANCE IN ANY INFORMATION OBTAINED IN THE VOLUNTEER PLATFORM OR RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, FILE EXCLUSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR PERFORMANCE FAILURES, REGARDLESS IF THEY RESULT FROM FORCE MAJEURE, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE REGISTRATIONS, SOFTWARES OR SERVICES OF THE PORTAL AGENTS; AND/OR
(E) IMPOSSIBILITY TO USE OR LOSS OF DATA RELATED TO THE VOLUNTEER PLATFORM AND/OR TO THE USERS; OR
Exclusions and Limitations
Nothing that is written in the GCU intends to exclude or limit any condition, warranty, right or accountability that may not be legally excluded or limited.
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of accountability for losses and damages.
Therefore, only the limitations permitted by law in your jurisdiction will apply to you.
When it is not possible to exclude accountability, but its limitation is legally applicable, the total accountability of the Portal Agents will be limited to Three Hundred and Fifty Euros (350€).
TERMINATION AND DISCONTINUATION
Despite the GCU, the Portal Agents reserve the right to block, without prior announcement and according to their own exclusive discretion, your use and access to the VOLUNTEER PLATFORM.
The Portal Agents also reserve the right to discontinue, without prior announcement and according to their own exclusive discretion, your services, either partially or even fully.
VALIDITY AND TERM OF THE CLAUSES
Any waiver or change of the GCU provisions will only be effective if presented in writing and are signed by the Portal Agents’ legal representatives.
If a clause of the GCU is nullified or considered inapplicable, the other clauses, whenever possible, will remain valid and active.
CHANGES OF THESE GCU
The VOLUNTEER PLATFORM is subject to updates to improve its functionalities.
For that reason, these GCU may be changed, at any time according to the exclusive discretion of the Portal Agents, in order to reflect the adjustments made in the Platform.
Whenever there is any change in these GCU, the USER will be requested, at the time of his first access after such change, to accept the new provisions by means of a checkbox that will be available to the USER when he accesses the Platform.
If the USER does not agree with the new provisions of the GCU, he may reject it, according to his exclusive discretion, but, unfortunately, that means that the USER may no longer have access to the Platform and use its functionalities. If the USER continues to use the Platform, even after the changes of the GCU, that means that he agrees with all changes.
APPLICABLE LEGISLATION AND VENUE JURISDICTION
The General Conditions of Use will be ruled and interpreted according to Portuguese Law. The USER irrevocably accepts the jurisdiction of the Portuguese courts to settle any conflict deriving from and/or pertaining to the General Conditions of Use and/or with the use of this website. This document is regulated according to the Portuguese legal order.
QUESTIONS AND CLARIFICATIONS
Questions and comments about the VOLUNTEER PLATFORM or the GCU may be forwarded through the “Contact Us” voluntariado.edp.com/contact-us/new.