1. Contractual Relationship
Access and usage of the Service by the User represents an acceptance of the present Terms and determines the constitution of a contractual relationship between the User and UNL.
UNL may, in certain circumstances and at any time, change the present Terms. Any changes will produce their effects after the publication by UNL of said updated Terms in the respective space on the website and will always be notified to the User by e-mail or through a message shown on the Portal. Access or usage of the Service after said publication represents an acceptance of the present Terms in their updated version.
2. The Portal
UNL has created a digital platform (the Portal) for gathering and sharing testimonies on memories of current experiences of links between African and European cultures, through video, text, images and or audio. The Portal exists within the project “African-European Narratives”, co-funded by UNL and the European Commission. The contributes of each User will support scientific research. As such, the present Service allows the User to submit their testimony, which will be made available, both to the purposes of scientific studies undertaken by research, both for sharing with other Users. The Portal promotes collection and algorithmic processing of a network of information, organized according to pre-defined parameters such as, and among others, the link between the User and the African continent, the nature of User-submitted testimonies, feeling associated to the testimony or the User’s heritage. This allows researchers to develop a more accurate and detailed study, as well as to create solutions of visualization of data which will allow Users and researchers to better comprehend the interlink of memories in a collection of space-time matrixes.
The Portal was created by UNL with a scientific purpose to conduct detailed research on the links between the African and European continents. As such, its main purpose is to reunite multimedia narratives on memories or current experiences of links between European and African cultures. Through these means, it aims to create an archive of testimonies in text, video and audio open to contributions until 2020. This project is co-funded by the European Commission.
The Portal will be freely accessible until 2020, until which Users may consult and submit any content they see fit. UNL may extend this period at any time, by revising these Terms. When the free access period ends, the Portal and collected contributions will be archived. Archived content may only be consulted by UNL-authorized researchers. UNL reserves the right to alter these conditions at any time and through a message displayed on the website.
Subject to acceptance by the User of these Terms, and by registering an Account, UNL freely makes available to the User a limited, non-exclusive, non-sublicensable, revocable and non-transferrable license to: (i) access and use the “African-European Narratives” Portal on their personal device; and (ii)access and use any content, information and related materials made available through the Service. Any rights which are not expressly granted in these Terms are reserved by UNL.
The User may not (i) remove any indication of copyright, commercial trademark or any other proprietary warning from any space of the Service; (ii)reproduce, modify, create derived works, destroy, license, rent, sell, resell, transfer, publish of publicly present, transmit, reproduce, emit or in any other way explore the Service, except in what UNL expressly allows in these Terms; (iii) decompile, use reverse engineering or unmount the Service, except when legally allowed; (iv) create links or reproduce through “frames” any part of the Service; (v) create or launch any programs or scripts to capture, index, collect or in any other way extract data from any part of the Service or unduly overload or make the operation and/or functionality of any aspect of the Service impossible; (vi) attempt unauthorized access to or undermine any aspect of the Service or its systems or networks.
5. Availability of Service
Service is made available to the User by UNL, licensor and data controller which has entered into a service, maintenance and support agreement with Lavinci, data processor who owns or is licensee of the components which constitute the Portal supporting the Service.
Lavinci is a creative agency which created solutions assisting their clients in improving productivity, innovation and strengthening of their web presence. They work with their clients creating websites, web applications, mobile applications and landing pages for their services, as well as other personalized solutions directed to the improvement of productivity.
The User should bear in mind that a research project such as this one, with a digital dimension and a strong algorithmic component, results from a collaboration between UNL and several partners and service providers with whom the licensor has entered into academic, commercial or innovation and development agreements. Partners and data processors may utilize tools and Portals in open code or open source, as is custom in similar solutions. UNL guarantees to the User that the construction of the Service has its support in a contractual network which has been built in respect of the law, namely with the requirements of the General Data Protection Regulation (“GDPR”), especially those of Articles 24, 32, 26 and 28 in what concerns technical and organizational measures, security, and connections between data controller and processors, respecting the rights of industrial and intellectual property of those generating knowledge and innovation.
6. Third Party Services and Content
Service and any other rights are the propriety of UNL. Neither the present Terms nor the usage of the Service by the User grant them any rights (i) on or connected to the Service, except for the limited license granted above; or (ii) to use or in any way make reference to the names of UNL or any other entity referenced to in the Portal, to their logos, products and service denominations, to commercial trademarks, trademarks for services or any other elements which may denote ownership.
8. The usage of UNL’s Service by the User
User Account: If the User wishes to submit content in the Portal, they must register and maintain a personal and active User account (“Account”). Through this Account, the User may edit and fill in details to their contributions, as well as add new contributions or delete previously submitted contributions. The User must be of at least 12 (twelve) years of age to create an Account. Registering an Account required the submission of User’s personal information, such as e-mail address, place of birth, date of birth, nationality, place of residence and gender (required data). The validity and accuracy of given information is the User’s exclusive responsibility. By not maintaining accurate, complete and updated information in their Account, the User incurs in the risk of unavailability of access and usage of the Portal or the termination of the present Contract by UNL. The User is liable for all and any activity in their Account and accepts to always maintain the security and confidentiality of its username and password. UNL recommends that, to guarantee Service utility and efficacy, the User owns only one Account. The User may at any time request the cancellation their Account, in which case UNL will deactivate said Account and delete any corresponding Content, by sending their request to email@example.com, as well as the e-mail address with which the Account was registered.
Requirements of Usage of the Service: Service is not made available to people under 12 (twelve) years of age. The User may not allow access or Account usage by those under 12 (twelve) years of age. Service is personal and non-transferable, in the sense that aimed results are dependent from the User. The User must thus understand that they may not cede or in any other way transfer their Account any other person or entity, and that eventual transfers may have consequences in possible editing or deleting, by others, of User-submitted content.
User Conduct: The User commits to not submit any content which may be considered xenophobic, racist or that result in any discrimination whatsoever which has its basis in race, ethnicity, gender, sexual orientation, political or religious opinions or in any other characteristics protected by applicable law. The presentation of discriminatory content may serve as a basis to the deletion of said content or of the User’s Account, with these penalties being decided by UNL on a case by case basis, and without being subject to appeal or complaints. UNL will delete any content which may be considered xenophobic, racist or that result in any discrimination whatsoever which has its basis in race, ethnicity, gender, sexual orientation, political or religious opinions or in any other characteristics protected by applicable law and which are notified to it through the e-mail address firstname.lastname@example.org. UNL may not, within applicable law, be considered liable for the presentation of contents which go against these Terms, by Users.
Internet Access and Devices: The User is responsible for obtaining necessary Internet access to use the Service. It is possible that the service provider contracted by the User applies tariffs and taxes, since the User presupposes access through a device with Internet access. The User is liable for paying said taxes and tariffs. The User is responsible for acquiring and updating any necessary equipment or device to access and use the Service and the Portal. UNL does not guarantee that the Service will work in any given equipment or device, and in any location where network connection is intermittent or with network issues. Service may be subject to shortcomings and delays inherent to usage of the Internet and electronic communications.
Service is provided without any expenses to the User. The User understands that they may incur in expenses as a result of usage of the Service, through their connection to the Internet, which may be provided in exchange for payment by a Third-Party Service Provider. It is up to the User to ensure what costs they incur as a result of their Internet connection.
If a User seeks to submit content for publication, they must take into account that they may not submit any content protected by copyright and which has not been licensed or the republishing of which has not been authorized, according to respective licenses and applicable legal provisions in the author’s jurisdiction. UNL may not, according to applicable law, may be deemed liable for any copyright violations deriving from content publication in the Portal. UNL commits to remove any User-submitted content which violate copyright licenses or go against applicable legal provisions, and on which it is contacted. Copyright holders which consider a violation to exist should contact UNL through email@example.com.
The “African-European Narratives” projects seeks to foster the collection and sharing of testimonies on memories or current experiences of links between African and European cultures. So that the Project may attain its purported goals, collection and sharing must be undertaken without costs or charges for Users. By submitting content, the User grants to all Users, and relating to that content, an unlimited, universal, nonrevocable, free, sublicensable and transferrable license for usage and reproduction of said content and for the creation, commercial or non-commercial, with costs or free, of other works. The User grants this license without any requirements on attribution or credit. The User waives any capital gains or benefits deriving from that license, within the limits of the law.
11. Exclusion and limitations of liability
UNL may not be deemed liable by improper usage of the Portal, namely by any inaccurate data analysis which results from the cession of a device to someone who is not the User, or to data collected in a context of intermittent network connection or a connection suffering from network issues. Also, UNL may not be deemed liable by technical difficulties in accessing the Portal through devices which technically do not support its viewing.
UNL and the User recognize that there are inherent security risks to the functioning of the Portal, which may be subject to interruptions, errors, viruses, worms and other harmful components, as well as other software limitations. UNL is not liable for unauthorized accesses or alterations to User data, beyond what is required by information security regulation, and resulting from intrusions to devices through which the User accesses the Portal.
12. Applicable law and dispute resolution
Unless there is a provision stating otherwise in the present Terms, they are exclusively overseen and interpreted in accordance with the laws of the Portuguese Republic, including its rules on conflicts of laws. Any litigation, dispute or controversy deriving from or generally relating to, for any reason, the Service or these Terms, including those relating to their validity, interpretation or applicability are to be mandatorily submitted to the competent courts of the Lisbon District Court.
13. Other provisions
UNL may emit notifications through a general warning published in the Portal supporting the Service or by electronic mail to the address used in the User’s Account. The User may notify UNL through the following means:
14. Final provisions
The User authorizes UNL to cede or transfer the present Terms, in whole or in part, including to (i) a hypothetic subsidiary or affiliate; (ii) a purchaser of UNL’s assets; or (iii) a successor.
If any clause of the present Terms is considered illegal, invalid or inapplicable, in whole or in part, at the behest of any law, that clause or part of clause will be understood as not being part of the present Terms, thus not affecting the legality, validity and applicability of other clauses of the present Terms. In that case, parties should substitute the part of the illegal, invalid or inapplicable provision with a (or part of a) provision which is legal, valid and applicable and which has, to the largest possible extent, a similar effect to the provision, or part of a provision, which is illegal, invalid or inapplicable, taking into account the content and purpose of the present Contract.
What data processing operations do we undertake, and what are their purposes?
The “African-European Narratives” portal (hereafter “Project”) is a web contributive platform with user-sourced contents. The platform has the objective of creating an archive with scientific research purposes. Its principal goal is to bring together narratives on memories or current experiences of links between African and European cultures. The purpose is thus to create an online archive, with text, image, video and sound narratives on the links between European citizens and the African continent and its cultures. Personal data is collected and processed by Universidade Nova de Lisboa (hereafter “UNL” or “us”), with processing operations justified by our legitimate interest, and based on the Project’s scientific purposes. Special categories of data, as defined by article 9 of the General Data Protection Regulation (hereafter “GDPR”), collected and processed within the Project, are also dependent on express consent given by the data subject.
Taking into account that the purpose of the Project is the collection of multimedia narratives, personal data collected and processed may assume the forms of text, images, video or sound. UNL will not authorize the publication of content which it deems offensive, xenophobic or which goes against, in any measure, the Project’s declared objectives.
Who are we?
Personal data is processed by Universidade Nova de Lisboa, headquartered at Campus de Campolide, 1099-085, Lisboa, Portugal. UNL is a personal data controller for the data which it collects and processes within this Project, as defined by the General Data Protection Regulation. Personal data is shared with Partner entities of the Project, which assume the role of data processors.
On what basis do we collect and process your information?
All data submitted by the platform’s users is used solely for previously described processing purposes, based on UNL’s legitimate interest in its historical and scientific value. Additionally, the express consent of the data subject may be used as a basis when required by law. Data will have as recipient no entity outside of the European Union, nor will it be interconnected with any other database, remaining under direct responsibility of the Project’s promoting entity, UNL.
For how long do we store your information?
Personal data will be stored on a freely accessible online platform until 2020. After this period, the platform will only be available to the Project’s researchers and all data will be archived in respect of applicable legal provisions, namely those deriving from legitimate interest in the Project’s purposes.
What rights do you have as a data subject, and how can you exercise them?
Data subjects may, at any time, exercise their rights, as provided by personal data protection legislation, with respect to data which is collected and processed within this Project. Data subjects may, at any time, and within the limits of the law:
- Request access to their data, obtaining confirmation that those are, or are not, object of processing, as well as access their data or any information required by law.
- Request the rectifying of their information, if it is inaccurate or incomplete, with the data subject having the possibility to request UNL to, and without unjustified delays, rectify personal data to which they are subjects.
- Request the deletion of their personal data, unless a legal limitation deriving from the scientific nature of data processing is applicable, and without unjustified delays, when one of the following motives is applicable:
- When the data subject opposes to its processing and there are no prevalent legitimate interests which would justify processing; or
- When the data subject has withdrawn their consent for processing (when said processing is deemed to be based on consent) and there is no other basis for said processing.
- Request the limitation of processing of their personal data, when one of the following situations applies:
- To contest the accuracy of their personal data
- When said data processing is lawful and the data subject opposes the deletion of their personal data, thus requesting the limitation of its usage;
- When UNL no longer requires personal data for processing purposes, but when said data is required by the data subject for the purposes of declaration, exercise or defense of a right within judicial proceedings;
- When the data subject has opposed processing, until it may be verified whether the data controller’s legitimate motives for processing prevail over the data subject’s.
- Oppose, at any time, the processing of personal data, when said processing is undertaken to bring the Project’s legitimate interests into effect, under the limitations provided for by personal data protection legislation.
- Oppose, at any time, the processing of personal data based on possible profiling, under the limitations provided for by personal data protection legislation.
- When processing depends on the data subject’s consent, they have the right to withdraw said consent at any time. That may happen when consent is required by law for the processing of personal data; however, said right must not compromise the lawfulness of previously undertaken processing operations which were founded on previously granted consent, nor later processing of same data which is founded in another legal basis, such as legitimate interest for the scientific purposes of the Project or any other legal obligation to which UNL is subjected to.
The possibility of exercising these rights with the data controller does not impede the data subject’s prerogative of deleting data on the platform itself. Data subjects may exercise these rights, at any time, through the e-mail address firstname.lastname@example.org or by letter to Campus de Campolide, 1099-085, Lisboa, Portugal. They may also contact Universidade Nova de Lisboa’s Data Protection Officer through the e-mail address email@example.com.
We will evaluate your requests with special care, so that we may assure maximum efficacy of your rights. We may ask you to prove your identity, to ensure that any sharing of personal data is undertaken only with relevant data subjects. In given cases – for instance, due to legal obligations – your request may not be satisfied instantaneously. However, you will always be informed of any measures undertaken relating to your request in the maximum period of one month after its presentation. You also have the right to present a complaint to Comissão Nacional de Proteção de Dados, the Portuguese data protection authority, which you can learn more about at https://www.cnpd.pt/.
- Session ID: This cookie allows the Portal to store your data while you browse it, allowing your device to understand which location of the website you last visited. As such, it allows you to, for example, if you are on the second page of search results, to return to the previous page. This cookie is deleted when you close the website. If you deactivate it, the website may not function properly.
- Google Analytics: This cookie allows the Portal to appear in search engines results, such as Google’s, providing us with statistical information on the website’s usage. It allows us to, for example, know how many people visit our website daily, and which sections of the website do they visit. This data is anonymized. This cookie is deleted when you close the website. If you deactivate it, the website will function properly.