Terms & Conditions
wecompair.eu is owned and operated by COMPAIR, a project funded by the European Commission (Grant Agreement number 101036563). By using this website, its content and services, including web and mobile applications, (collectively “Services”) you agree to be bound by the following terms and conditions (“Terms” or “Terms of Service”) and any future modifications thereof.
COMPAIR reserves the right to update the Terms from time to time without notice. Any new features that augment or enhance the current Services shall be subject to the Terms of Service. Continued use of the Services after any such changes shall constitute your consent to such changes.
Currently, COMPAIR, offers free and open access for commercial and non-commercial purposes. We reserve the right to charge for use of or access to Services currently provided free of charge.
Your use of our Services is at your sole risk. The service, including technical support, is provided on an “as is” and “as available” basis.
You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with COMPAIR or its Services.
You must not upload, post, host, or transmit unsolicited email, SMS, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
You agree not to reproduce, duplicate, copy, sell, resell or exploit with malicious intent any portion of the Services.
We may, but have no obligation to, remove the content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
While COMPAIR prohibits inappropriate conduct and content, you understand and agree that the COMPAIR cannot be held responsible for the appearance of either on its Services and that you nonetheless may be exposed to inappropriate conduct or materials while using the Services.
You understand that the technical processing and transmission of the Services, including your content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to the technical requirements of connecting networks or devices.
COMPAIR does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that COMPAIR shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if COMPAIR has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) or any other matter relating to the Services.
The failure of COMPAIR to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and COMPAIR and govern your use of the Services, superseding any prior agreements between you and COMPAIR (including, but not limited to, any prior versions of the Terms of Service).
Participants in the COMPAIR consortium are committed to following the principles of research integrity as it is described in the European Code of Conduct for Research Integrity. The fundamental pillars of this approach include reliability, honesty, respect and accountability.
Research within the COMPAIR project will comply with EU and international law and meet the data protection requirements set out in the European regulations. Within this context, the processing of personal data will be lawful and all research participants shall provide informed consent following familiarization with the information sheet regarding the project.
Members of the COMPAIR project will comply with Article 19 of the H2020 Regulation (EU) No 1291/2013 regarding the ‘ethical principles and relevant national, Union and international legislation, including the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights and its Supplementary Protocols’.
We do not pre-screen content but COMPAIR and its designee have the right (but not the obligation) in their sole discretion to refuse, edit or remove any content that is available through the Services.
Data made available by COMPAIR through its Services is provided ‘as-is’ without warranty or condition of any kind, either express or implied. The data is subject to any applicable data license terms and copyright attribution as set out in the relevant data tab, license info tab and/or metadata option.
We collect e-mail addresses of those who communicate with us via e-mail, aggregate information on pages that users access or visit (Google Analytics), and information volunteered by users, such as survey information and/or site registrations.
The information we collect is used to improve the content and quality of our Services, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you have requested when we have your permission, or under the following circumstances:
It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.
The COMPAIR project uses numerous different devices which collect data in different ways, including, but not limited to location data. In addition, the use cases will use data collected and maintained in their national local jurisdictions.
European Convention on Human Rights
Within the European Union privacy and data protection are considered fundamental rights. Privacy is recognized by Art 8 of the European Convention of Human Rights (ECHR) and Art 7 of the Charter of Fundamental Rights of the European Union (CFREU). Data protection, however, is not discussed or recognized in the ECHR, but is mentioned in Art 8 of the CFREU. Although the ECHR does not explicitly mention data protection, there have been references to it within the context of the European Court of Human Rights (ECtHR) with regard to interpreting Art 8 of the ECHR. Furthermore, the Council of Europe has included these rights in the Convention 108 on the Protection of Individuals concerning the automatic processing of personal data.
According to Art 8 of the ECHR: ‘1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others’.
Charter of Fundamental Rights of the European Union
The CFREU serves as the legal basis in European law having entered into force through the Lisbon Treaty (TFEU) in 2000. The fundamental rights outlined in the Charter are recognized as fundamental rights in the EU normative order. Accordingly, EU bodies and member states are required to guarantee the protection of the Charter rights when implementing EU legislation.
Although similar in many respects, data protection and privacy have important differences which need to be recognized for the purpose of clarity and scope. According to Art 8 of the ECHR and Art 7 of the CFREU, the concept of privacy is defined as pertaining to ‘private and family life, home and correspondence/communications.’ The concept of data protection, however, refers to the concept of ‘personal data’, which has been defined by the Convention 108 as ‘any information relating to an identified or identifiable natural person’. Despite similarities between the two concepts, they do not always align with one another. Though in the majority of cases an interference in the processing of personal of the data subject will also affect an individuals privacy, there might be the cases where only one of these two rights is affected.
The General Data Protection Regulation (GDPR) which entered into force May 25th 2018 regulates the protection of individuals with regard to the processing of personal data and the free movement of that data.
Within the scope of the COMPAIR Consortium, the main questions relating to the collection of personal data refer to three contexts:
the use case interviews and co-creation sessions
the data that will be collected and used in relation to different wearables or apps which track and collect location data
the data that each use case will be using that has been previously collected by local municipalities or authorities.