Legal notice and conditions of use

Introduction

This document constitutes the legal notice and terms of use of the ProFuturo Platform ("Notice"). The ProFuturo Platform is a free portal of the ProFuturo Foundation, (hereafter “ProFuturo Foundation”, “ProFuturo”) for teachers (hereafter “Users”) who create, develop, and share educational experiences, spaces and resources (hereafter, “Platform”).

The Platform is composed of different sections to enhance teacher training and education in a digital environment. The Platform includes educational content ("Educational Resources") that have been developed, directly or through collaborators, by ProFuturo Foundation. Users of the Platform also have a section called "Classroom Experiences" where they can upload their own educational content and/or customise the Educational Resources. The terms of use of both the Educational Resources and the content created by Users are included in section 4 of this Notice.

The ProFuturo Platform has both an online version, by accessing the website school.profuturo.education, and an offline version, which can be installed on electronic devices after ProFuturo Foundation has granted the corresponding licence, in those places where the ProFuturo Programme is implemented. The conditions of access and use of the offline version may differ from those of the online version. In this Notice, reference will be made to those conditions that apply to one version or the other, as the case may be.

General information

ProFuturo Foundation, a non-profit organisation with Tax ID no. G-87620134, with registered office at Calle Gran Vía nº 28, 28013 Madrid and registered in the Registro de Fundaciones de Competencia Estatal [State Foundations Register] under number 1856EDU, states that it is the owner of the website school.profuturo.education. It is also the sole and exclusive owner of all rights to the Platform, including the software, as detailed in this Notice.

Accessing and browsing this Platform confers you the status of User, who accepts, based on said access and use, all the conditions included in this Notice.

As User, you undertake to make proper use of the Platform, in accordance with applicable laws, good faith, public order, traffic uses, and this Notice, responding to ProFuturo Foundation and third parties for any damages that may be caused as a result of breach of this obligation.

Personal Data Protection

ProFuturo Foundation, in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“General Data Protection Regulation”, “GDPR”), in Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (“LOPDGDD”) and in the implementing regulations, guarantees the security and confidentiality of the personal data provided upon using the Platform. If you want to know more about our data protection terms and conditions, please carefully read our "Privacy Notice".

Intellectual and industrial property rights

ProFuturo Foundation is the original owner or assignee of all the rights recognised by the Intellectual and Industrial Property regulations of the contents shown on the Platform, including but not limited to all the elements that make up the visual appearance, images, sensory stimuli (including the look and feel), texts, audiovisual content, sounds, domain name, brands, designs and all the software elements and/or any other elements and/or signs that are presented there. On no account will it be understood that mere access or browsing of the Platform entails the assignment or waiving of the said rights, unless the contrary is expressly established.

In general, with the exceptions stipulated in this Notice, the reproduction, distribution, transformation and/or public communication, including making available, of all or part of the contents displayed on the Platform is prohibited without the prior written authorisation of ProFuturo Foundation.

The unauthorized use of the contents of the Platform, as well as the transfer of the ProFuturo Foundation’s Intellectual Property rights, will give rise to the legally established liabilities. ProFuturo Foundation undertakes to ensure compliance with the above legal conditions, as well as the proper use of the Educational Resources that comprise the Platform.

In general and exceptionally, the right of partial reproduction of the content of the Platform is granted under the following conditions:

That it must be compatible with the purposes of the Platform.
That it must not be carried out for profit or commercial purposes.
That none of the related documents or graphics on the Platform is used, copied, or distributed separately from the text or images that accompany it.
That it be previously communicated to ProFuturo Foundation.

4.1 Teacher Training

The following terms shall apply to the use of the Educational Resources available on the Platform, in the "Teacher Training" section, in addition to the terms set out above:

The mere access of the User to the Educational Resources does not imply a transfer of rights by ProFuturo Foundation in favour of the User, and ProFuturo Foundation maintains all rights, specifically of reproduction, distribution, transformation and/or public communication, including making them available, as defined in the applicable intellectual property law.
The User may make use of the Educational Resources on the Platform itself solely for educational purposes and respecting at all times the authorship of ProFuturo Foundation. The use of the Educational Resources for commercial or similar purposes is strictly forbidden, and they may only be used for educational purposes and in the User's private sphere.
ProFuturo Foundation has the exclusive right to transfer the use rights over its Educational Resources, as well as to decide on the use that a third party may make of them.
Users, when registering for the Courses, can add materials as part of their participation in the Courses, for review by the tutor and subsequent assessment. These materials are only visible to the User and the tutor assigned to the Course in question. The applicable rights regime for these materials is as set out in section 4.2.2. below.

4.2 Classroom Experience

The educational contents available in the Classroom Experiences section are categorised, among others, according to their authorship:

4.2.1 Author - "ProFuturo”

The User will find in this section the ProFuturo Educational Resources, to which the same terms and scope of use regulated in the previous section apply, with the specifications contained below.

Users may make minor customisations to the Educational Resources, which do not imply the exercise of the right of transformation held by ProFuturo Foundation and do not imply the creation of new rights in favour of the User. Customisations made by Users will only be available in the class groups they can create within the Classroom Experiences section, and cannot be viewed/used by other Users.

4.2.2 Author - "Others”

In addition to the customisations of the Educational Resources specified in the previous section, Users can upload their own educational content through the different publishing tools available on the Platform. In the online version of the Platform, this content will be published under a Creative Commons licence, under the terms of the "Attribution - Non-Commercial - Share Alike (by-nc-sa) 4.0” which allows the use of possible derivative works, the distribution of which must be made under a licence equal to that governing the original work. The conditions for this licence can be found at https://creativecommons.org/licenses/by-nc-sa/4.0/. In the offline version, these contributions will only be visible to the User, and therefore no rights will be transferred to ProFuturo Foundation, nor shall ProFuturo Foundation be held liable for their content.

The User is solely liable for the contributions he/she uploads to the Platform. In this sense, the User guarantees that he/she has all Intellectual Property Rights over the contributions uploaded to the platform, and that he/she may therefore grant ProFuturo the Creative Commons licence mentioned in the previous paragraph.

However, if as User you should detect any infringement of the Intellectual and industrial property rights of the Platform contents, you should please contact us immediately by sending an email to ProFuturo Foundation at the address given below.

Links to third party content

The Platform may include links or references to other websites of convenience to the User. ProFuturo Foundation does not assume as its own any of these web pages or their content, information, materials, products or services contained therein. Access to and/or use of such third party sites is the sole and exclusive responsibility of the User.

Access and registration on the Platform

To use the Platform, you must register on the Platform, which will provide you with a username and password. Registration can be done either independently by the User, by accessing the registration page, or by receiving an invitation from the Platform administrators in your email, by clicking on the link that will take you to the registration form. In this registration process, we will ask you for your login details and some basic personal data. By accessing the Platform, you declare that you have read and accepted the present conditions, as well as the Privacy Notice. The personal data provided in the registration process will be processed in accordance with the terms and conditions specified in the Privacy Notice.

To create a user account on the Platform and access our services, which are limited to educational use, you must be at least 18 years old. By registering on the Platform, you declare that you meet this requirement and are able to understand, accept and comply with the access terms and conditions. ProFuturo Foundation may request information from you at any time to prove your real age by asking you to provide us with a photocopy of your ID card or equivalent document. ProFuturo Foundation reserves the right to block or cancel your profile if such information is not provided to us within the time period indicated in your request.

Tutor/management role

If, as a User, you have been appointed to participate as a Tutor/Manager of the courses offered on the Platform, you will have access to the following information:

Users enrolled in the courses you have been assigned as a tutor.
Progress and performance of Users in the courses.
Direct communication with Users to resolve doubts and/or comments regarding the courses.

Note: If ProFuturo becomes aware that a minor under the age of 18 is registered as a User of the Platform App, we will block and/or delete their User profile, except in the following circumstance:

Users may invite under-age students to the groups they create within the Platform, in order to provide the corresponding training. The under-age User will enter the Platform as an anonymous user, in order to preserve his/her privacy, and will only have the right to access the content that the User shares in the class group in which he/she has been included, without being able to access the rest of the content available on the Platform for Users.

When you register as a User, you will have to choose a password. Each time you wish to enter the network, the system will ask you for these keys to authenticate yourself, and the User will be responsible for all actions carried out with their username and password.

ProFuturo is not responsible for the custody that you make of these identification elements, nor the use that a third party makes of them without your consent.
ProFuturo may restrict the use of certain user names that violate the rights of third parties, as well as those that are offensive, derogatory, denigrating, or that violate morality and decency.

In the same way that you register, you can delete your account on the Platform by sending an email to protecciondedatos@fundacionprofuturo.org with the subject “Unsubscribe user ProFuturo Platform” and indicate in the body of the message the e-mail address with which you signed up for the Platform. Upon de-registration, your profile will be deleted, as well as the information visible to other Users.

The erasure of this data ensures compliance with ProFuturo Foundation’s data protection policy.

At its sole discretion and at any time, ProFuturo Foundation may, temporarily or permanently, discontinue access and/or service to the Platform. This can be done without notice and, by agreeing to these terms and conditions when registering, you agree to the deactivation of your Platform accounts and profiles, in this case. ProFuturo Foundation shall not be liable to third parties or the User for termination or suspension of access or modification of access for the reasons stated above.

Operation and use of the Platform

ProFuturo Foundation reserves the right to perform, at any time and without prior notification, modifications and updates of the information contained on its Platform, or the configuration and presentation thereof.

ProFuturo Foundation does not guarantee that there will be no errors in accessing the Platform and its contents, nor does it guarantee it being updated, even though it will make its best efforts to prevent errors, correct them, or update the App, as applicable.

Both the access to the Platform and any use of the information contained on it are the sole responsibility of the person who accesses the website or uses the information. ProFuturo Foundation reserves the right to deny or withdraw access to this Platform and/or the contents and services offered therein, without prior notice, to those Users who do not comply with this Legal Notice.

The User commits to their appropriate use of the contents and services in accordance with what is expressed below, not using them to: engage in activities that are illicit, illegal or contrary to good faith and public order; disseminate content or propaganda of racist, xenophobic, pornographic-illegal nature, the justification of terrorism or against human rights; cause damage to the physical and logical systems of ProFuturo Foundation, its suppliers or third parties; introduce or spread computer viruses or any other physical or logical systems that could cause the aforementioned damage; and/or attempt to access and, where appropriate, use the accounts of other users and modify or manipulate their messages.

ProFuturo Foundation reserves the right to remove all comments and contributions that violate respect for personal dignity, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or children, public order or security, or that, in its opinion, are not appropriate for publication. In any case, ProFuturo will not be responsible for the opinions expressed by Users through the forums or other participation tools.

Offline version

By accessing the Platform offline, you agree to maintain the integrity of all its materials and functionalities, and you agree not to remove and/or modify any element or perform any decompilation, reverse engineering or disassembly of the Platform, except and only in the event that such activity is expressly authorised by ProFuturo Foundation.

Furthermore, in the offline version, by its nature, ProFuturo Foundation does not have the capacity to limit and control access to it once it has been installed on the corresponding devices. Therefore, ProFuturo Foundation is not liable for its operation, once the corresponding licence has been installed and activated on the device where the Platform is accessed. If, as a User, you detect any incident in the offline version, please contact the entity you work and/or collaborate with so that they can provide you with the corresponding support.

Updates

The Platform is periodically reviewed and may undergo modifications with respect to its content, appearance, functionalities, etc. The versions of the Platform may not be the same in the online and offline versions, since the update is executed immediately in the online version and the update of the offline version requires a more complex process and a connection to the devices where it is installed.

Termination

In addition to the cases expressly provided for in this Notice, ProFuturo Foundation reserves the right to interrupt and/or cease access to and use of the Platform, including the training calls made on the Platform, for any reason, without prior notice to the User of this decision, and the User accepts that ProFuturo Foundation shall not be held liable and the former shall not be entitled to any compensation for such interruption and/or cessation.

Responsibilities

ProFuturo Foundation shall not be held liable for the possible security errors that may occur, nor the possible damages that may be suffered by, the user’s IT system (hardware and software), nor to the files or documents stored on the said IT system, that are the result of the presence of viruses on the computer of the user that is used for the connection to the services and contents of the Platform, for the malfunctioning of the browser, or for the use of obsolete versions of the said browser. Nevertheless, ProFuturo Foundation declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Platform and to prevent the existence and transmission of viruses and other harmful components to Users.

The User agrees to indemnify and hold ProFuturo Foundation harmless from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs related to or arising from (a) his/her use of the Platform in violation of this Notice; (b) his/her violation of any law or third party right; or (c) the information or content posted or made available by the User through the Platform, including, without limitation, any claims for infringement or misappropriation of intellectual and industrial property.

Miscellaneous

11.1 Full agreement

This Notice expresses in full the terms upon which the parties agree with respect to the subject matter hereof and supersedes or, as the case may be, replaces any prior agreements between the parties relating to the ProFuturo Platform.

11.2 Changes

ProFuturo Foundation reserves the right to amend this Notice at any time, which will be duly notified to you. If you do not accept the new conditions, you must inform ProFuturo Foundation and request the deletion of your user.

Notwithstanding the foregoing, this Notice may only be amended by written agreement signed by the parties.

11.3 Remedies and waivers

The failure to exercise or the untimely exercise of any right hereunder shall not be construed or operate as a waiver of such right.

No waiver of any rights, whether arising under this Notice or by Law, shall be effective unless in writing. The exercise or non-exercise of any other action shall not be construed as a tacit waiver.

Unless expressly provided otherwise, rights arising under this Notice do not exclude rights arising under the Law.

11.4 Assignment and transfer of this Notice

ProFuturo Foundation may freely transfer or assign any of its rights and/or delegate its obligations under this Notice. The User may not cede or assign, in whole or in part, to third parties, the exercise of the rights and/or obligations arising from this Notice, except with the prior written authorisation of ProFuturo Foundation.

11.5 Prevalence

This Notice is available in English, French, Spanish, Portuguese, Arabic and French. In case of contradiction or discrepancy, the Spanish version shall prevail.

11.6 Notifications

Notifications, requests and other communications necessary for the purposes of this Notice should be made to the following address:

Address: Calle Ronda de la Comunicación s/n Edificio Norte 3 Planta Baja, 28050 Madrid

E-mail: soporte@fundacionprofuturo.org

Applicable law and jurisdiction

The relations established between ProFuturo Foundation, as owner of the Platform, and the User, so long as no mandatory regulations of the User's country of residence provide otherwise, shall be governed by the provisions of Spanish Law and shall be subject to the Courts and Tribunals of the city of Madrid (Spain). In this case, the parties expressly waive any other jurisdiction to which they may be entitled.