Conditions of Use

Welcome to IREKIA, the official website of the Basque Government, designed in order to encourage the participation of the public and enhance the relationship between our citizens and the public administration.

First of all, we at IREKIA wish to thank you for your decision to take part in this interactive project and encourage you to continue doing so in the future as the main aim of IREKIA is to improve communications between the public and government institutions through the direct participation of our citizens via the Internet. For that reason, we would like you to use this space to voice your opinion on any subject. We are especially interested in any suggestion or doubt you may have and encourage you to put forward your own proposals. We would like you to be an active member of the public. In order to achieve this goal, the Basque Government is making determined efforts to promote transparency in government and to provide our citizens with the adequate tools to exercise their right to having a say in government. In this way, it will strengthen the direct participation of our citizens in the day-to-day workings of Basque politics and improve the quality and efficiency of our democratic systems.

These Conditions of Use regulate access to and use of IREKIA, including the contents and services placed at the disposal of Users through IREKIA, by the Open Government Directorate of the President's Department of the Basque Government, by its Users, or any third parties.

ONE: AIM OF THIS SERVICE

The conditions of use applicable to IREKIA set out to ensure that any member of the public can express an opinion and make contributions without feeling subject to threats or insults as a result. For this reason, we invite all users to be respectful in their use of language with other users of IREKIA and with the institutions, companies or public persons taking part.

TWO: CONDITIONS

Use of IREKIA will be subject to the following Conditions, which may be updated on a periodic basis. However, the Open Government Directorate of the President's Department of the Basque Government will provide notification of any modifications to the Conditions of Use or of its Privacy Policy. Should any User decide not to accept these Conditions, he will not be allowed to use the participation services and functionalities offered by the IREKIA website.

The Open Government Directorate reserves the right to improve, modify or eliminate the services and/or contents of IREKIA on a unilateral basis and in accordance with a broad range of different criteria.

Obligation to use the portal correctly

Users undertake to utilize the portal in an adequate manner and to refrain from the pursuit of illicit activities in any way contrary to the principles of good faith and the law (merely illustrative and not exhaustive); damage the physical or logic systems of the owner of the website, its suppliers or third parties; introduce or spread computer virus or any other physical or logic systems that might damage the network in the aforementioned manner, as well as all those designed to violate or transgress the honor, privacy and image of individuals or of their families, property rights and rights of all other kinds belonging to a third party as a consequence of the transmission, dissemination, storage, provision, reception, obtaining or access to the contents of images of third parties; acts of unfair competition and illegal advertising as a consequence of the transmission, dissemination, storage, provision, reception, obtaining or access to contents and shall ensure the veracity, exactitude, thoroughness, pertinence and/or topicality of the contents. The User shall, under all circumstances, hold the Open Government Directorate free from any judicial or extrajudicial claim.

Any contributions other than comments or opinions (e.g., applications, requests for information, etc.) shall be sent to the Citizens Information Service (ZUZENEAN) for processing and/or response.

The User bears sole responsibility for any contents, comments and files made available through IREKIA, and for this reason undertakes not to publish (or upload) any file (e.g., video, audio, text, etc.) that may be subject to the intellectual (or industrial) rights of third parties, unless the legal owner of such rights has granted a formal license or authorization in accordance with the license that governs this portal.

IREKIA has a system to deal with comments in order to prevent the publication of those comments/contents that violate these Conditions of Use.

The Open Government Directorate shall not accept any responsibility for damages of any kind due to contents provided or supplied by any third party, nor for any opinions added by users.

Use and Custody of Usernames and Passwords

The User undertakes to make diligent use of his/her password and user name and to keep these a secret. The User shall bear sole responsibility for maintaining the confidentiality of his/her password, and shall therefore assume responsibility for any damages, costs and/or harm of any kind that might derive from any non-compliance with this obligation or as a result of revealing the password, as well as any incorrect use that a third party may make of this, as a consequence of his/her failure to maintain its confidentiality.

Cancellation of access, services and contents

The Open Government Directorate may, at its sole discretion, deny, withdrawal, suspend and/or block at any time and without the obligation to provide prior notification, any Users who fail to comply with these Conditions, and is entitled to remove their account and all information relating to this, or, if appropriate, refuse access to such files or to IREKIA itself. The Open Government Directorate shall not accept any responsibility for cancelling access to IREKIA. The Open Government Directorate reserves the right to limit access, totally or partially, to certain Users, as well as to cancel, suspend, block or eliminate certain kinds of contents through the use of the appropriate technological tools available for this purpose, should it discover that the activity or information stored and/or disseminated is illicit or damages the properties or rights of a third party.

Likewise, any User who may consider it appropriate to do so, may inform the Open Government Directorate about any contents/comments/users that might have breached these conditions of use. Should the veracity of such reports be proven, it may erase/cancel the reported contents/users as established in the previous paragraphs.

Communications and notifications All communications and notifications shall be considered to have been effectively delivered to all intents and purposes when these are sent via e-mail to the e-mail address provided by the User. The User expressly recognizes that such data has been supplied by him and is completely true.

THREE: INTELLECTUAL AND INDUSTRIAL PROPERTY

Any contents and information provided through the IREKIA portal that may be subject to intellectual property rights owned by the General Administration of the Autonomous Community of the Basque Country, shall be subject to the Creative Commons license that appears on its homepage. Should any contents be specifically subject to intellectual property rights, clear and express information shall be provided on the license applicable in each case or the reservation of all rights if appropriate.

With regard to any industrial property rights that might be applicable, these are the property of the Government of the Autonomous Community of the Basque Country or of its legitimate owners, and all rights with regard to these shall be reserved.

The use of any information provided on this website that might breach the stipulations set out in these Conditions of Use, as well as any damage to the intellectual and industrial property rights of the Government of the Autonomous Community of the Basque Country, shall empower the Government to take any actions legally available to it and, if appropriate, accept any responsibilities that might derive from the exercise of such rights.

FOUR: MINORS

Adults are fully responsible for determining the specific contents and services accessed by minors in their charge. The Open Government Directorate understands that from the moment a minor accesses the Portal, he/she has the permission of his/her parents, tutor or legal representative.

As Internet provides access to contents that may not be suitable for minors, Users are informed that there are mechanisms, specifically filtering and blocking programs, that allow them to restrict the contents available to them and, although these are not infallible, are especially useful in order to control and restrict those materials to which minors may gain access.

FIVE: COOKIES AND LINKS

The Open Government Directorate hereby informs users that IREKIA uses Google Analytics, a web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer to help IREKIA to analyse how users use the portal. The information generated by the cookie about your use of the portal (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information on behalf of us for the purpose of evaluating your use of IREKIA, compiling reports on the portal activity and providing other services related to the portal activity and Internet usage. Google may also transfer this information to third parties when required by law or when those third parties process the information on behalf of Google. The user may reject the processing of the data or information by refusing the use of cookies by selecting the appropriate settings on your browser. By using IREKIA, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

The portal may provide links to external websites over which the Open Government Directorate has no control and for which it assumes no responsibility.  In any event, users of this portal must abide by the specific terms and conditions of use of those links.

SIX: PRIVACY POLICY

The Open Government Directorate guarantees compliance of personal data protection legislation and has therefore implemented a  privacy policy where your consent is sought to process your personal data and which sets out the different purposes, the type of data collected, along with the contact information both of the Open Government Directorate and of the Data Protection Officer.

Furthermore, pursuant to the premise of proactive responsibility, privacy in design and by default and other principles set out in the General Data Protection Regulation, the Irekia portal has applied the appropriate organisational and technical measures aimed at guaranteeing an appropriate level of security. However, the user must be aware that online security measures are not impregnable.