The e:Presence.gov.gr teleconference service is provided by public limited company (societe anonyme) under the corporate name "National Infrastructures for Technology and Research S.A.” and the distinctive title “GRNET SA", to Organizations of the Public and Wider Public Sector” as specified in Joint Ministerial Decision 429/2020 – Official Journal (OJ) issue 850/B/13.03.2020 as it stands amended.
The following Terms of Use shall be applicable by all "users" of the e:Presence.gov.gr service. Acceptance of the present Terms of Use, as they stand amended and in force from time to time, is deemed as conclusion of an agreement between the e:Presence.gov.gr service users and GRNET SA and constitutes a necessary requirement for implementing the scope of the service at hand.
1. User Categories – User Rights
"Users" all holders of a Greek VAT number shall be eligible for becoming “users”. In the context of providing the e:Presence.gov.gr service, two distinct user categories are supported, as differentiated by virtue of the user rights assigned to each category. The first user subcategory is that of "ordinary users" whereas the second is that of "coordinators". In the context of the present “Terms of Use”, the term “user”, shall mean both categories, namely "ordinary users" and "coordinators".
Similarly, “coordinators” are distinguished into two distinct subcategories, subject to the rights of use conferred to each category. The first subcategory of “coordinators” is that of the “organization coordinators” whereas the second is that of the “organizational unit coordinators”. Under the present “Terms of Use”, the term “coordinator” shall mean both categories, namely both "organization coordinators" and " organizational unit coordinators ".
“Ordinary users” of the e:Presence.gov.gr service are those who may participate in a teleconference upon receiving an invitation forwarded to them, without being able to host a teleconference by engaging resources of the system‘s available services at a specific time. Any person may subscribe to the service as ordinary user” even if not invited to join a teleconference by any “coordinator”, provided that they are registered with the Human Resources Register of the Greek State.
“Coordinators” are entitled to set up, manage and supervise a teleconference at a specific time on behalf of the “Organization” where they pertain to, they may invite “users” to join a teleconference as well as to participate in a teleconference themselves. "Ordinary users" may obtain "coordinator" permissions upon filing a request to change roles in their service account records and in accordance with the restrictions described in the "coordinator" permissions request. Not every “ordinary user” shall be eligible to request to become a “coordinator”, but only those registered with the Human Resources Register of the Greek State.
“Organization coordinators” may manage and supervise all teleconferences held on behalf of their 'Organization' and may also designate “organizational unit coordinators” within their “Organization”. Accordingly, " organizational unit coordinators" may only manage and supervise the teleconferences of the organizational unit for which they have been designated.
Each "coordinator" holds the same rights as the other "coordinators" with regard to the power of scheduling a teleconference at a specific time, whereas the acceptance of the engagement of the system's resources for holding a teleconference at a specific time, shall be granted in an absolute order of priority (First Come First Served). Nevertheless, GRNET SA reserves the right to adapt the teleconference schedule in consultation with the ‘'coordinators’’ involved, if considered that either the system's resources are unjustifiably engaged or in order to facilitate the hosting of teleconferences of utmost importance. GRNET S.A. also reserves the right to set upper limits to the engagement of system resources, relevant to a maximum number of participants in each teleconference, the duration of a teleconference or to the maximum number of teleconferences, an "organization" could schedule within a calendar day.
The e:Presence.gov.gr service also supports a new category of "users", that of "guest users" [hereinafter "guests"], who may be citizens of third countries or even Greek citizens who do not possess a Greek VAT number. The e:Presence.gov.gr service allows to send invitations to participate in teleconferences to this category of participants as well, with the purpose of facilitating the cooperation of Organizations of the Public and wider Public Sector both among themselves and with foreign Organizations.
The "coordinators" of the e:Presence.gov.gr service are entitled to invite a "guest" to a teleconference they set up, whereas the responsibility for the participation of a "guest" in a teleconference lies exclusively with the "coordinators" of such teleconference and their respective "Organization". For this reason, in order to be able to activate such option, a "coordinator" wishing to invite a "guest" to a teleconference, must declare, by ticking the appropriate checkbox available in the service, that "they assume all responsibility for the participation of non- GSIS registered users in the specific teleconference of the e: Presence.gov.gr service".
2. User Accounts
Access to the e:Presence.gov.gr service is possible through the creation of a "user" account. “Users" are authenticated mainly through the user authentication (oAuth 2.0) provided by the interoperability center of the General Secretariat of Information Systems of the Public Administration (GSIS)by using the user’s credentials to the TaxisNet as set out in Decision No 3981EΞ2020 issued by the Minister of the State on “Provision of oAuth2.0 User Authentication Service in Information Systems of Third party Organizations"(OJ Issue B 762/10.03.2020) and the Joint Ministerial Decision No 429/2020 on the "Replacement of the Joint Ministerial Decision No. DIADP/Α/7841 19.04.2005 (OJ Β' 539 ) of the Ministers of Finance, Interior and State - (OJ Issue B’ 850/ 13-03-2020). Each "user" account is personal and each "user" is responsible and liable for any activity carried out in their account.
Following “user” authentication through the users authentication (oAuth 2.0) of the GSIS, information regarding the “user”s registration with the Human Resources Register of the Greek State (http://apografi.gov.gr/) [hereinafter the "Register"]as well as details of the “Organization” whereby such user has be inventoried, is sourced from the Register of Human Resources of the Greek State by entering the user’s VAT number. In case of more than one “Organizations" where the “user’ has been inventoried with, the "user" has to select the "Organization" they wish to appear in their account.
By adding a "guest" to a teleconference, it is made possible for “users” to participate in a specific teleconference, without following the aforementioned steps and without meeting the requirements set out in previous paragraphs of this Article. By forwarding a simple invitation to the participant's e-mail address, any "coordinator" may invite a "guest" in a specific, scheduled teleconference. It is noted that the participation of "guests" in a teleconference, is effected without prior authentication by using the taxisnet credentials, and without prior creation of a respective user account in the service, but it is limited to a specific teleconference at a time.
It is noted that a participant who is already an active and confirmed "user" of the e: Presence.gov.gr service, cannot participate in a teleconference as "guest".
Finally, the e: Presence.gov.gr service strongly advises and recommends that "users” holding a Greek VAT number should be invited and participate in teleconferences through the authentication process by login in with their TaxisNet credentials, in order to secure an increased level of safety when holding such teleconferences.
3. Unauthorized use of the e:Presence.gov.gr service
It is forbidden to post, dispatch, transmit, transfer, distribute or facilitate the dissemination of any content or data and in general to use the e:Presence.gov.gr service in a way that infringes Union and national law. The Use of the e:Presence.gov.gr service for commercial or other non lawful purposes, as well as for purposes not provided for in the present Terms of Use, is also forbidden. It is advised not to use the e:Presence.gov.gr service, for the dissemination and exchange of classified or confidential content or data.
4. Disruption or cancellation for any 'user'
In the event of any infringement of the present “Terms of Use”, GRNET S.A. may review, reconsider and/or discontinue the provision of services to the breaching (infringing) "user".
5. Rights and obligations by “user” category
i. General rights and obligations
The responsibility for the lawful use of the teleconference as a means for holding meetings of collective bodies, for convening them and for complying with the obligations arising therefrom, lies entirely with the “Organizations” making use of the e:Presence.gov.gr service.
GRNET SA may not be held liable for the content and the data transmitted via the e:Presence.gov.gr service. The decision on the lawfulness of the content and/or data as well as the decision to post and transmit specific content and data in the course of a teleconference, pertains exclusively to the "user" and the "organization" using the e:Presence.gov.gr service.
ii. Right to “enhanced management”
GRNET S.A. does not have access to the video and audio data of a teleconference, nor does it provide or support through the e:Presence.gov.gr service, the option of recording a teleconference on a server of the e:Presence.gov.gr service or on any third-party servers.
Nevertheless, the “coordinators” may obtain a right of "enhanced management" (Host Key, as such is clearly defined by the manufacturer) over a teleconference, which optionally includes the following:
In such case, the "coordinator" upon pertinent request, receives from GRNET SA a unique activation code for the "enhanced management" of a teleconference (hereinafter the "code"). The exclusive responsibility for the proper and lawful exercise of the right for the "enhanced management" of a teleconference, including all features that this provides, rests exclusively with the "Organization" and the "coordinator". GRNET SA has no access and therefore no knowledge of whether the respective "coordinator" made use of such right or not, nor does it have access to the product generating from the recording of the teleconference (video and/or audio). It is noted that the "coordinator" can transfer, at his/her own risk, the right of "enhanced management" to any of the participants in a teleconference.
In any event, should a teleconference be recorded or live streamed through the "enhanced management" right, the full responsibility for the lawfulness, the storage or live streaming as well as for the eventual further disposal of the product of such recording shall lie solely with the "coordinator" of the teleconference as well as with the "organization" conducting the teleconference. The "users" who participate in a teleconference recorded as per the above, shall be informed of the fact that it is being recorded by appropriate, clear, simultaneous signage on the window of the teleconference application, they use. If polls are created and used during a teleconference, the "coordinator" is required to inform the participants regarding the terms and details of each poll. In case of a live streaming of a teleconference, the responsibility for informing the participants, lies with the "coordinator" of the specific teleconference.
Nevertheless, it is also possible to record a teleconference by using technological means available to the "user". In such case, the full responsibility for the recording and the eventual disposal of the content thereof, lies with the "user" of the service as well as with their "Organization".
The possibility to create and conduct polls during a teleconference, is provided as an unofficial tool to receive answers or opinions from the participants, and the result of such polls can not be considered a valid electronic vote under any circumstance.
With regards to the processing of personal data related to a) the recording of a teleconference, the audio and/or video data generating therefrom, b) the usage of polls during a teleconference and c) the live streaming of a teleconference and in general with regards to all data processed by the "organization" for its own purposes while making use of the e:Presence service, as detailed in the Privacy Statement of the e:Presence service, the "organization” as Controller is solely responsible for the collection, processing, the legal basis and the purpose of the processing, for notifying the data subjects, and for satisfying the rights of the latter, for carrying out a Data Protection Impact Assessment (DPIA), for being accountable vi-a-vis the Data Protection Authority (DPA) and the data subjects, in accordance with the provisions of the currently applicable law on personal data protection.
iii. Guest invitation
GRNET SA bears no responsibility for the utilization by the "coordinators" and the "Organizations" of the functionality which allows to invite "guests" in a teleconference of the e:Presence.gov.gr service, without following the prior authentication process through the use of the taxisnet credentials and the ancillary creation of a user account.
The entire responsibility for the participation of "guests" in a teleconference as well as the responsibility for lawfully convening and holding the meeting of a body in the presence of unauthenticated users, pertains exclusively to the "coordinators" and the "Organization" who make use of such functionality in the e:Presence.go .gr service.
6. Copyright
The use and transmission of any content infringing any third party intellectual property rights shall also infringe the present Terms of Use. GRNET S.A. may not be held liable nor may it be in position to check on the existence of any such rights. So therefore, GRNET S.A. assumes that each “user” duly holds any such rights and guarantees — by accepting the present Terms of Use — that they possess all necessary rights to ensure that the use and transmission of the content does not breach applicable Union and national copyright law.
7. Personal data
With regard to the processing of personal data in the context of providing the e:Presence.gov.gr service, GRNET S.A., is bound by European Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – “GDPR”) as in force at any time, as well as by Law 4624/2019 (OJ issue 137/A/2019) on "Data Protection Authority, measures for the implementation of (EU) Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and for the incorporation into national law of Directive(EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 and other provisions”, as in force at any time.
More specific information on the processing of personal data as well as on the policies and procedures implemented by GRNET S.A. to safeguard the privacy of the e:Presence.gov.gr service “users” are detailed in the Privacy Statement of the service.
“Organisations” and their “coordinators”, with regard to the processing of personal data in the context of the implementation of the e:Presence.gov.gr service, are bound by European Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – “GDPR”) as in force at any time and by Law 4624/2019 (OJ issue 137/A/2019) on "Data Protection Authority, measures for the implementation of (EU) Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and for the incorporation into national law of Directive(EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 and other provisions”, as in force at any time.
8. Disclaimer
GRNET S.A. shall use its best endeavors for the uninterrupted, seamless, reliable and qualitative operation of the e:Presence.gov.gr service. However, the quality and provision of the service may vary subject to internal factors (number of active users, existing network equipment, etc.) as well as external factors (availability and network workload, etc.). Moreover, GRNET S.A. may, if necessary, cease to provide the e:Presence.gov.gr service or even modify some of the characteristics thereof, at any time, without any prior authorization. A disruption in the provision of the e:Presence.gov.gr service shall automatically result to the disruption of the use of the service by "users" without incurring any rights to seek compensation.
GRNET S.A. waives off any responsibility for the lawfulness of convening the meetings of the “Organizations” collective bodies, of holding their meetings via the e:Presence.gov.gr service as well of utilizing the technical features of the service as detailed in the present. The respective “organization” which makes use of the e:Presence.gov.gr service, shall be solely and entirely liable to comply with the requirements of the applicable law with respect to convening and holding a meeting.
GRNET S.A. waives off any responsibility relating to the lawful use of a) the option (functionality) offered to "coordinators", in accordance with Article 5 of the present Terms of Use, to record the video and audio streaming of a teleconference on a local storage medium of the device whereby the "coordinator" connects to the teleconference, b) the product of such recording, c) the possibility to create and conduct polls during a teleconference and d) the possibility to live stream a teleconference. The entire responsibility a) for the lawfulness of the recording (regardless of whether such recording is effected through the use of the e:Presence service or by means available to the "user"), of its storage, of making the product of such recording available, b) for the lawfulness of, the organizing of, the content of questions and answers of, the use of any results of, and the purpose of conducted polls during a teleconference as well as c) for the lawfulness of the live streaming of a teleconference, is borne exclusively by the "user" of the teleconference who performs such actions as well as by the "organization" that holds the teleconference.
GRNET SA waives off any responsibility with regard to the use of the e:Presence.gov.gr service for disseminating and exchanging classified or confidential content or data.
9. Modification of Terms of Use
GRNET S.A reserves the right to modify and amend the present Terms of Use. GRNET S.A. also reserves the right to further develop the e:Presence.gov.gr service in line with current technological developments. Any modification of the present Terms of Use, shall be posted on the service website at least 5 days prior to becoming effective. Should any "user" disagree with such new Terms of Use, they must cease using the e:Presence.gov.gr service prior to the new Terms of Use entering into full force and effect. As of their entry into force, new Terms of Use must become accepted again by “users” when connecting to the service.
10. Applicable Terms
The present Terms of Use shall replace and substitute to any prior understanding, contract, or agreement related to the e:Presence.gov.gr service, whether oral or in writing. No “user” shall be entitled to revoke their acceptance to the Terms of Use, as long as they make use of the e:Presence.gov.gr service.
The present Terms of Use are governed by Greek and Union law. Any dispute arising in relation thereto shall be resolved by the courts of Athens.