“Expera” is the name of the knowledge sharing web platform of the ERA-Net Smart Grids Plus (hereinafter referred to as “ERA-Net SG+”) initiative. This ERA-Net SG+ initiative (hereinafter only referred to as the “Initiative”) is the Initiative of 24 experienced and well established program managers and program owners (funding agencies, ministries) from 23 European countries and regions (the “Consortium”) which is represented by the Austrian Ministry for Transport, Innovation and Technology (bmvit, also referred to as the “Coordinator”), that coordinates the activities of the Initiative, and is responsible for all contractual, formal and legal issues.
Expera Platform is the virtual platform of the ERA-Net SG+ Knowledge Community, which is coordinated by the so-called ERA-Net SG+ Support Team (consisting of B.A.U.M. Consult, RSE and CLIC Innovation), bringing together ERA-Net SG+ project representatives and other experts in the area of Smart Grids and Smart Energy. Expera Platform is therefore an open web platform, which interested persons can use after registration royalty-free for gathering information about the Initiative and its topics, for sharing and exchanging their knowledge and contributing to the discussion. Expera Platform has been initiated, developed and is organized by bmvit in the course of the Initiative on behalf of the Consortium. bmvit has engaged and authorized with contract as service provider B.A.U.M. Consult GmbH, which leads the ERA-Net SG+ Support Team. The ERA-Net SG+ Support Team is competent for the operation, hosting and maintenance as well as support of the Expera Platform (hereinafter referred to as the “Support Team” or as “Expera Operators”).
The term “operational entities of ERA-NET SG+” refers to
ERA-Net SG+ respects the privacy of persons and all intellectual property rights of all partners. It commits itself to handle critical data related to all involved partners with utmost secrecy. ERA-Net SG+ respects, as far as applicable, inter alia
Directive 2002/58/EC (Electronic Data) (Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)): http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002L0058:en:HTML
Directive 95/46/EC (Privacy) (DIRECTIVE 95/46/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data): http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:en:HTML
DIRECTIVE 2006/24/ (Retention of Data) (DIRECTIVE 2006/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC): http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
1.1. The purpose of Expera Platform is the collection of information and the gathering of knowledge for relevant topics under the Initiative, the mutual sharing of information and the offering of a possibility to stakeholders for taking part in the discussion and updating of the knowledge of the ERA-Net Knowledge Community on a non-commercial basis. Subject and purpose of Expera Platform is, therefore,
1.3. Any content made available by a User on Expera Platform, not depending in which form and on which material it is provided either through a Working Group or by means of Living Documents (e.g. document, article, comment, text, graphics, patterns, multimedia elements, tables, corrections), is hereinafter referred to as “Contribution”.
2.1. There are two types of Users: “Expera Follower” means a User who does not actively take part in discussions and does not share Contributions, and is therefore excluded from contributing to Living Documents and taking part in Working Groups of the Initiative and shall only be able to read certain displayed Contributions. “Expera Expert” means a User who actively takes part on Expera Platform, shares Contributions and has access rights to all Contributions for all permitted types of use, except for such Contributions that are reserved to the members of a Working Group. “Working Groups” mean a team of people, recruited from the group of Expera Experts to work on different topics of the Initiative. They are open to every Expera Expert, not depending whether their projects are awarded in the ERA-Net SG+ framework or not. “Participant of a Working Group” means an Expera Expert who has applied as member or participant of a Working Group of the ERA-Net SG+ Knowledge Community and has been accepted by the leader(s) of the Working Group. “Chief Editor” means a Participant of a Working Group who has been denominated by Expera Operators to handle the Living Documents.
2.2. User registration
2.2.1. In order to be able to use Expera Platform as Expera Follower or Expera Expert the User first has to create a personal account on Expera Platform. On Expera Platform only natural persons may register as Users, legal entities like organisations and enterprises may not register as such and open an account.
2.2.2. During the registration process Users are required to provide their first name and last name, country and company name and a valid email address, if they register only as Expera Follower. When registering as an Expera Expert or upgrading a profile from Expera Follower to Expera Expert, Users are required to provide even more personal and professional information. Such personal and professional information comprises the e-mail address, the portrait picture of the Expera Expert and professional experience. The registration information for both Followers and Experts must be accurate and updated. Users can therefore always change and delete their personal and professional data in their personal profile (except the account as such, see below under Section 2.3.).
2.2.3. After the User has confirmed the filled-out data form by pressing the button for application and has been accepted by the Expera Operators, he will receive an automated e-mail with temporary password to access Expera Platform. While all Users qualify for the User type Expera Follower, it is up to the Expera Operators to decide if a User qualifies for the User type Expera Expert. As far as applicable, after completion of the profile and changing the password, the Expera Expert has full access to Expera Platform. The Expera Follower only has to change the password for getting the limited access to Expera Platform. Users shall select a password, which is confidential and used to verify the integrity of their account.
2.2.4. The User is not allowed to share the registration credentials or give them to anyone else. The User is responsible for maintaining the registration credentials confidential and obliged to notify the Support Team of any known or suspected breach of security, including loss, theft, or unauthorized disclosure. Passwords are encrypted, they are neither known to Support Team or its administrators nor to the ERA-Net SG+ operational entities.
2.2.5. The additional professional and personal information of an Expera Expert shall be displayed to other Expera Experts, but not to Expera Followers. In the profile settings, Users can mark the email address and the portrait picture accordingly, so they will not be displayed to Expera Followers. However, the Expera Expert acknowledges that all data of his Expera Expert´s profile, including the e-mail address and the portrait picture, are available to other Expera Experts, considering that the exchange of contact details is one of the features of Expera Platform (see Section 1.1.). In case an Expera Expert does not want to display his full profile to other experts, he can select that option. In such cases only the Expera Operators are allowed to access the full profile.
2.2.6. Not depending, whether data have been marked in accordance with Section 2.2.5, the email address of a User may be used by the Consortium and the Operational Entities of ERA-NET SG+ for communication with the User for the purpose of Expera Platform as outlined in Section 1.1. If a User does not longer dispose over a valid email address, he will not be able to reset the password if it is lost. In such a situation, however, Users may be able to contact the Support Team to enter a new email address.
2.3. User accounts may be fully removed only upon request (de-registration). For further information please contact knowledge-community[at]eranet-smartgridsplus.eu. In general, no personal data will be stored after an account has been deleted; for further details see Section 9. of the TOU.
2.4. User shall be responsible for all usage and activity on the account, including use of the account by any third party, not depending whether authorized to use by the User or in abuse. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of the account at the sole discretion of Expera Operators.
2.5. Participants of a Working Group of the ERA-Net SG+ Knowledge Community acknowledge:
3.1. The User accepts that he uses Expera Platform only for the purposes as described in Section 1.1 of the TOU. The use for any other purposes, particularly, but without limitation, for marketing and advertising purposes or purposes that are conflicting with the topics of Expera Platform or the Initiative by whatever means, is prohibited.
3.2. Without limiting the generality of any restriction in the TOU, the User agrees that he will not in connection with Expera Platform, directly or indirectly do or permit the following:
3.3. Without limiting any of its rights, the Expera Operators may suspend, restrict or terminate the use of the Expera Platform by a certain User without notice if, in the sole and absolute discretion of Expera Operators, Expera Operators determine or believe that a certain User has violated any of the rules as set out above.
4.1. The User is solely responsible for the content of his Contributions to the Expera Platform. Therefore, the User is liable for the legality, correctness, completeness and accuracy of the Contributions. The User shall have as content provider the sole legal responsibility with regard to Copyright Law, Media Law, Unfair Competition Law, Data Protection Law and any other applicable law aspects depending on the jurisdiction that applies to the relevant facts. Particularly, the User guarantees that the Contributions do not violate any third-party rights, including any copyright, trademark, patent, trade secret, and privacy right, right to secrecy or any other intellectual property or proprietary right.
4.2. Expera Operators only provide the infrastructure for the functions as described under Section 1.1 of these TOU. However, Expera Operators do not have any association with or connection to the Users and their content neither under economical, legal or material aspects, and can further not influence the content of a Contribution in whatever manner.
4.3. Expera Operators are not obliged to analyse the content of the Contributions, whether it complies with applicable law prior to uploading and making available through Expera Platform by a User. However, as soon as Expera Operators become aware of an illegal content, Expera Operators shall have the right, but not the obligation to delete the content forthwith. Therefore, albeit the User is solely responsible for the content of the Contributions, Expera Operators reserve the right to delete, move, or edit Contributions that, in its sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. Further, Expera Operators shall be free to reject the publication of Contributions if the suspect arises that the content is illegal or otherwise inadmissible.
4.4. Expera Operators are only the host provider and hence not responsible for the content of the Contributions as such (see Section 4.1.). Expera Operators, therefore, assume no legal liabilities for any losses or damages, caused by the use or non-use of provided information on Expera Platform or the use of erroneous or incomplete information on Expera Platform, or the reliance upon such information. It is the responsibility of the User to evaluate the legality, accuracy, completeness or usefulness of any Contributions.
4.5. The services of the Expera Platform are provided on an “as is” basis without warranties of any kind, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
4.6. The Consortium and Expera Operators on its behalf make the services of the Expera Platform available through the internet, but is under no obligation to make any particular scope of access or possibility to use or content available. Access to Expera Platform and availability of any information is not guaranteed, nor does Expera Operators ensure that it will be uninterrupted or error free. The Expera Platform is subject to outages, communication and data flow failures, interruptions and delays inherent in Internet communications. The User recognizes that problems with the Internet, including equipment, software and network failures, impairments or congestion, or the configuration of the computer system of the User, may prevent, interrupt or delay access to the Expera Platform. The Consortium and/or Expera Operators are not liable for any delays, interruptions, suspensions or unavailability of the platform. Further, Expera Operators make no representation that the Contributions or any other content in Expera Platform will be available, complete, uninterrupted, error free or free from viruses or anything else of similar destructive qualities. The User acknowledges by accepting the TOU that use of Expera Platform and its services hereunder are at its own sole risk.
6.1. The User grants the Consortium and the Expera Operators or any party designated by the Consortium or Expera Operators a perpetual, nonexclusive, world-wide, royalty-free, assignable, sub-licensable license to use, modify and translate, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, modify, and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technology) in any form or media now known or hereinafter developed, any Contributions provided by the User on Expera Platform.
6.2. The User that provides a Contribution acknowledges that any Contribution may be edited, removed, modified, published, copied, made available to the public, transmitted and displayed, in any - this day or in the future known or unknown - type of use, by Expera Operators, any Expera Expert or any designated third party. Contributions may also be included in RSS feeds and made available for republishing through other formats. Further, the User acknowledges that neither the Consortium nor the Expera Operators are obliged to use the Contributions in whole or in parts or as derivative work. However, if the contributions are not use within one year after uploading, the User then has the right to request the removal of the Contributions from the Expera Platform.
6.3. Contributions provided as documents attached to the project repository, to Working Groups or to Living Documents remain in property of the respective rights holders, authors or disseminators and do not pertain to Expera Platform. The content of the Contributions accessible through Expera Platform can be freely used by Expera Experts for personal and non-commercial purposes. If any other use is intended, the User requires the prior consent of Expera Operators and the respective User, who has uploaded the Contribution. Without limiting the foregoing, the available information, data and Contributions whether in whole or in parts may not be collected, copied, made available to the public or otherwise used repeatedly and systematically. The use of Expera Platform by means of programs and electronic applications such as “robots.txt”, crawlers or any similar software is prohibited.
6.4. It is emphasized, that this license under Article 6.1. also includes the right of Consortium and Expera Operators to modify the Contributions (derivative works), to create an independent work on the basis of the Contributions and the right to provide, to distribute and to sublicense the Contributions and therefrom derivative or independent works to any third party as well as to make available the Contributions in any other way to any person. Further, during the use of an account under these TOU and for an indefinite term after termination of the account, the User waives its right to be denominated as author of the Contributions and explicitly declares its approval with the publication or any other use of the Contributions in whole or in parts under the name of the Chief Editor of a Living Document (see Section 7.) or in the name of the Consortium or the Expera Operators or any other third party designated by the Consortium or Expera Operators. For the avoidance of doubt, it is stated, that it shall be in the own discretion of the Consortium and Expera Operators to decide whether the Contribution is published as own work of Expera Operators or the Chief Editor or whether the User is cited as author, notwithstanding, that the User has validly waived its right to be denominated as author hereunder.
6.5. Regarding Contributions in the form of comments and texts provided for Living Documents (see Section 7.), as far as these Contributions are qualified as copyrightable works, the User also grants a perpetual, nonexclusive, world-wide, royalty-free, assignable, sub-licensable license with the scope as described under Section 6.2. and 6.3.. For additional details see Section 7 of these TOU.
7.1. The Expera Platform offers the function Livings Documents, which are means to collect, store and share knowledge of experts. By adding Contributions or participating in discussion fora in relation to Living Documents, authors disclose this part of their knowledge to the Knowledge Community. This function will be publicly and permanently available to Expera Operators, the Consortium, Expera Followers and Expera Experts.
7.2. The creation of a Living Document is under the lead of a chief editor named by the Expera Operators (the “Chief Editor”) and/or named Expera Expert editors chosen by the Chief Editor. Comments and Contributions that Expera Experts make to a Living Document can be used by the Chief Editor for the topics of the Living Document with or without notice and reference to the author according to the granted license under Section 6.1. and the waiver to be denominated as author under Section 6.4., particularly for the creation of Spotlights or Policy Briefs. i. e. specific documents derived from the content of Living documents for special publication purposes.
7.3. Users should be aware and acknowledge
7.3.1. that they should give their full name when commenting a Living Document or contributing to a discussion. In case content is not attributable to an individual User, it can be deleted by the Chief Editor, Expert eEditors or the Expera Operators.
7.3.2. that the Chief Editor may decide to publicize a list of all Users, that contributed to the Living Document using their name and a link to their Expera Expert profile.
7.3.3. that Contributions to Living Documents of any type are generally retained forever. Due to the perpetual license according to Section 6.1., the Users have no right to request the removal of their Contributions unless the Users can rely on a certain revocation right granted by law, or if the requirements for removal under Section 6.2. are fulfilled.
8.1. Expera Operators may in their sole discretion suspend, restrict, or terminate an account and the use of Expera Platform by a User, effective at any time, without prior notice to the User, for any good cause, including because the operation of efficiency of Expera Platform or Expera Operator´s or any third party´s equipment or network is impaired by the use of Expera Platform by this User, because Support Team has received a third party complaint which relates to the use or the misuse of Expera Platform, or the User has been or is in breach of any term or condition of these TOU.
8.2. It is planned that Expera Platform will be operated for the entire lifetime of the ERA-Net SG+ Initiative. At the latest at the end of ERA-Net SG+ all registered users of Expera Platform will be informed about the handling of data stored on the Expera Platform (see Section 9.3.).
8.3. The User may terminate his account at any time by writing an email to the Support Team. Upon termination the User shall receive an automated confirmation via e-mail that the cancellation was processed. For further information on de-registration, please contact knowledge-community[at]eranet-smartgridsplus.eu.
9.1. Expera Operators shall act as data processor on behalf of the Consortium, represented by the bmvit, with regard to processing of any personal related data of Users through Expera Platform. Due to this engagement, Expera Operators shall not use the data for its own purposes or the purposes of any third parties, but only for the fulfilment of any tasks under this engagement. The data that are processed through Expera Platform are therefore only used either for the management of the account of the Expera User or for the performance of the Initiative and particularly, the purposes as described under Section 1.1. The controller of the data application remains the Consortium, represented by the bmvit, which is therefore responsible for the adherence to the applicable data protection laws.
9.2 The User acknowledges that Expera Operators on behalf of bmvit do not use the data and particularly not transmit these to third parties for any other purposes than defined under this Section and Section 1.1, except for the User has declared his explicit consent or based on a Union or Member State law or if the processing for another purpose is compatible with the purpose for which the personal data are initially collected and the processing itself is lawful.Personal related data (for Expera Platform these are first name, last name, e-mail-address, login-name, weblogs and IP-address), which makes a User directly or indirectly identifiable, are used by the Expera Operators for the purpose of managing the account of the user and communicate with him. The storage of any other data that are made available by means of the profile settings and/or the account is a relevant feature of the Expera Platform, depending on the status of the User as Expera Follower or Expera Expert, and therefore are not deleted prior to the termination of the account of the User, except for it is requested by stringent law.
9.3. Once the User has terminated the account or the account has been closed by Expera Operators, or the operation of the Expera Platform is ceased, generally, the personal data will be deleted and/or will be anonymized, so that a connection between the User and the data cannot be made any longer. Only data subject to the lawful safekeeping duties will be exempt from deletion. Such data will be deleted only after the lawfully mandated safekeeping periods expire; however, the data will be blocked, i.e., it can no longer be used for purposes of the Expera Platform. Further, in specific cases, which require the use of the data for the Expera Platform and the purposes under Section 1.1., even after the termination of the account, the User shall give its consent for such a processing of the data as long as it is necessary for the completing and finishing of the Initiative.
9.4. Expera Operators and Users recognize that any system that is open enough to allow the greatest possible participation of the general public will also be vulnerable to certain kinds of abuse and counterproductive behaviour. Expera Operators have established a number of mechanisms to prevent or remedy abusive activities, and to protect personal related data against unauthorized sharing or unauthorized access, accidental or unlawful destruction, loss or alteration.
9.5. To provide site statistics, Expera Operators statistically sample raw log data from users' visits. These logs are used to produce the site statistics pages and to solve technical problems by the Expera Operators and the Support Team.
10.1. Operators and Users of Expera Platform can store relevant data about past and ongoing projects in the Project Repository. Only a limited set of information about the project ("Project Passport") is visible to all Users of Expera Platform. The Project Passport consists of the Project ID, the Project title, start date, start year, end date and end year, website, name of lead organisation/coordinator and short project abstract. All other entries for projects in the Project Repository are only visible to registered Expera Experts.
10.2. In addition to the Project Passport, the personal related data of a contact person can be stored and processed by Expera Operators. Only the first and last name, position in the company and contact data of a project responsible person will be stored. In case contact data are available and valid, such project responsible person will be informed about the stored project and personal data and any updates. Such project responsible person has the right to request the update and removal of his/her personal data at any time without any reason with declaration to the Expera Operators.
10.3. Upon notification and not requesting deletion or change in due time, a project responsible person acknowledges that the Consortium itself or the Expera Operators on its behalf will transmit the Project Passport as far as permitted by law to other funded projects (e. g. EC funded Grid+Storage project and its potential follow-up project) or organisations managing or monitoring funding activities related to topics of the Initiative (e. g. Joint Research Center - the European Commission's in-house science service) upon explicit request, in which the necessity for the data transfer is argued.
However, some services of Expera may lose functionality if the cookies are disabled.
11.4 Without the User´s separate consent, Expera Operators will not use the cookies to identify the User personally and to generate any personal related user profiles, and hence, will abstain from merging any personal related data with pseudonyms.
Expera Operators reserve the right to amend and modify the TOU at any time. The User will be provided notice of any such amendment or modification by electronic mail or by publishing the changes on the login page of Expera Platform. The User accepts the changes with his next login.
knowledge-community[at]eranet-smartgridsplus.eu for further information.
ERA-Net Smart Grids Plus is supported by funding from the European Union‘s Horizon 2020 research and innovation programme.
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