Terms and conditions of use - CreaSus Sustainability Platform

Welcome to the CreaSus platform (the “Platform”), a tool owned by Fundación Banco Santander and developed within the framework of the CreaSus Project, a project co-financed by the Creative Europe program (project no. 101131895) (the “Project”).

The project has been funded by the European Executive Agency for Education and Culture under the Creative Europe programme and has been awarded to the consortium formed by the Banco Santander Foundation and Koinoniki Synetairistiki Epicheirisi Syllogikis Kai Koinonikis Ofeleias – Mosaic Politismos Kai Dimiourgikotita (“MSC”), The Universita degli Studi di Bari Aldo Moro (“UNIBA”), the Réseau Européen pour le Management et les Politiques Culturelles (“ENCATC”), the Innovation and Management Centre Limited (“WESTBIC”) and Zabala Innovation Consulting, S. A. (“ZABALA”) as beneficiaries (hereinafter referred to as the “Consortium” or individually as “Partner” or “Partners”) are also part of the Consortium.

The project considers three pillars of sustainability: (i) environmental, (ii) social and (iii) governance. The Platform aims to fulfil the project’s objective of promoting sustainable business models for the cultural and creative industries, thus ensuring their resilience through the implementation of sustainable measures that allow them to compete with the main global industries in the sector. In this sense, the Platform is aimed at cultural and creative industries organisations and sectors in the European Union wishing to improve their sustainability.

Before using this Platform, please read these terms and conditions of use (the “Terms of Use”) carefully, as they govern your access, browsing and use of the Platform.

Access to and use of the Platform by the entities participating in the Project is completely voluntary. In doing so, each entity (the “User”) accepts the terms and conditions set forth herein. By expressly accepting these Terms of Use and using the Platform, the User fully accepts the conditions in their most recent version published by Fundación Banco Santander.

Fundación Banco Santander recommends that the User periodically reviews these Terms of Use and Privacy Policy to be aware of possible updates. In the event of substantial changes or changes required by law, Fundación Banco Santander will provide adequate notice in accordance with these Terms of Use.

I. IDENTIFICATION

Fundación Banco Santander makes its identification data available to all its users:

Company name Fundación Banco Santander
N.I.F.: G-80576200.
Registry of Foundations of the Ministry of Justice: 208CUL.
Registered Office: Calle Serrano, 57, 28006, Madrid.
e-mail: creasus@gruposantander.com

II. PURPOSE

Fundación Banco Santander provides Users with the Platform, which includes an interactive tool designed to facilitate the User’s self-assessment of the sustainability of its activity based on environmental, social and governance criteria, as well as a series of other resources to improve its sustainability performance.

The Platform is managed by Fundación Banco Santander; however, the Project relies on the collaboration of the Partners. Section III of these Terms of Use details the participation and collaboration offered by each of the Partners within the Project.

Through the Platform, Users may access materials and resources that may be helpful in improving their sustainability performance as described in section III of these Terms of Use.

Use of the Platform is subject to full compliance with these Terms of Use. Any aspect not expressly provided for in this document is understood to be reserved in favour of Fundación Banco Santander or the Partners, without prejudice to the application of the mandatory provisions of current Spanish legislation.

The User must first register, accept the applicable legal texts and complete the form indicated in section IV of these Terms of Use.

III. BENEFITS OF USING THE CREASUS PLATFORM

The Platform, owned by Fundación Banco Santander, helps Users to promote sustainability in their business models.
Registration on the Platform entitles the User to: (A) access all resources and materials available on the Platform described below; (B) provide a rating on the relevance, appropriateness and overall satisfaction with such resources and materials; and (C) obtain visibility on the official Project website (www.creasus.eu) through the publication of User logos.

Resources and materials available on the Platform:

ESG sustainability self-assessment tool and recommendations for actions for sustainable transformation:

Users will be able to use a sustainability self-assessment tool through the Platform to measure their degree of sustainability in the ESG dimensions (Environmental, Social, and Governance).

Each User shall provide data on its performance in the ESG (Environmental, Social and Governance) dimensions, as well as other general information on its activity (e.g. type of entity, revenues and employees). ESG data shall include information on environmental monitoring plans, resource consumption, labour relations and governance systems, among others.

The Platform will automatically process all data, providing the User with a final sustainability rating based on the score obtained by each User in the different dimensions of the ESG assessment.

This assessment will be calculated based on an algorithm designed by the Partner UNIBA. UNIBA has also been responsible for defining and designing the contents of the sustainability self-assessment tool.

Based on the score obtained by each User in the different dimensions of the ESG assessment and their final evaluation, the Platform will provide the User with information on a series of possible actions they can take to advance in their sustainable transformation. These recommendations have been elaborated in a generic way, without a specific analysis of each User’s data, by Partner ZABALA, and will be automatically displayed based on the results obtained by each User.
Document on financing systems and resources:

Users will have access to an informative document containing information on the different systems and possible funding resources available to promote business sustainability. This document has been elaborated in a generic way by the Partner MSC and will be available on the Platform for consultation.
Documents on sustainable business models:

Users will also be able to access a document describing sustainable business models applicable to cultural industries. This content has been generically developed by the Partner WESTBIC and will also be available on the Platform.
Webinars on financing and sustainability:

The Partner MSC has prepared three webinars that will be available for viewing by Users through the Platform. These webinars will cover the following topics:

– How to use the document on systems and potential sources of financing for sustainability.
– Information on different funding sources to support business sustainability.
– Sustainable business models for cultural organisations.

The Document on financing systems and resources, the Documents on sustainable business models and the webinars on financing and sustainability will be freely accessible to the Users of the Platform. Users may read, download and print the Documents and view the webinars, subject to the provisions of these Terms of Use.

By registering and participating in the Platform, the User agrees to provide an assessment of the relevance, appropriateness, usability and overall satisfaction with the resources and materials made available. To do so, you will be asked to complete a questionnaire with a series of specific questions for each of the resources and materials described in this section III of these Terms of Use.

To improve the resources, the Partner UNIBA will analyse the Users’ data in an aggregated and anonymised way (pseudo-anonymised in the case of Italian entities), generating a final report with sectorial trends and opinions on the Platform’s resources.

IV. REQUIREMENTS, REGISTRATION PROCESS AND ACCOUNT CREATION

In order to use the Platform, the User must comply with the following requirements

Belong to one of the 27 Member States of the European Union.
Belong to one of the NACE categories that constitute the cultural and creative sector according to the categorisation used by the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs of the European Commission, indicated in the Platform registration process.
Have been previously invited to participate by one of the Project Partners. The invitation to participate will be made by the Project Partners, trying to select a sample as representative as possible of the cultural and creative sectors and industries in each country in terms of NACE categories and in terms of size of the entities (micro, small, medium or large entity).

When the User accesses the Platform for the first time, it must complete the registration process, which includes the creation of an account. During this process, the following information will be requested in the registration form:

Name of the entity
NACE code (statistical classification of economic activities).
Size of the entity
City where the entity is located.
Country where the entity is located.
Contact details of a natural person acting as an authorised representative of the User: (i) name and surname(s); (ii) corporate email address of that person; (iii) contact telephone number; (iv) job position within the entity. corporativo de dicha persona; (iii) número de teléfono de contacto; (iv) puesto de trabajo dentro de la entidad.

In order to complete the registration and activate the account, it is mandatory that the User provides a valid email address. A confirmation email will be sent to this address to verify the correctness of the data and complete the registration process. Only after this verification, the user account will be operational. Likewise, once the registration process has been completed, a copy of the registration data will be sent to the e-mail address provided by the User during the registration process.

In addition, during the registration process, the User will be asked to create a password. This password will be valid for an unlimited period of time, and the User undertakes to use it diligently and not to make it public. It is the sole responsibility of the User to properly safeguard his/her password and to keep it strictly confidential.

In the event that the User suspects that his/her password has been compromised or is being used by unauthorised third parties, it must notify the User immediately by e-mail: creasus@gruposantander.com. Until such notification is made, neither Fundación Banco Santander nor the Members shall be liable for any damages or losses arising from the improper use of the account or password by unauthorised third parties.

V. CONDITIONS OF USE OF THE CREASUS PLATFORM

User status grants the right to access and use the Platform on a non-exclusive, non-transferable and non-sublicensable basis, solely as an end user and in accordance with the terms provided in these Terms of Use.

This right of access and use includes the ability to access materials and resources provided by the Project Partners, as described in Section III of these Terms of Use.

In order to use the Platform, the User must have a stable internet connection and complete the process of creating a user account. Users must also ensure that their network and operating system comply with the technical specifications required for the Platform and its content to function correctly. Fundación Banco Santander does not guarantee the compatibility of the Platform with all mobile devices.

Restrictions on Use:

Under no circumstances does the use and access to the Platform allow Users:

Perform actions or use the content, materials and resources offered by the Project Partners other than as expressly agreed in these Terms of Use.

Lease, loan, sell, resell, transfer, assign, distribute, display, disclose, sublicense or commercially exploit, in any way, access to the Platform or its contents, including the materials and resources offered by the Partners.

Access, store, distribute or transmit viruses, malware, worms, logic bombs or other materials that: (I) are unlawful, harmful, threatening, defamatory, obscene or abusive; (II) encourage illegal activities; (III) contain explicit images or promote violence; (IV) are discriminatory; or (V) violate any rule, law or principles of good faith, or may cause injury to persons or property.

Modify source code, object code or metadata provided by the Foundation or Project Partners. This includes, but is not limited to, the creation of new applications, alternative interfaces or the extension of software data structures.

Suspension of access to the Platform:

Fundación Banco Santander reserves the right to suspend access to all or part of the Platform or to the resources offered by the Partners, including the removal or modification of content, in the event that the User violates these Terms of Use or when it is necessary to protect the integrity, operability and security of the resources and materials offered. Such suspension shall take effect immediately, with or without prior notice, unless otherwise required by applicable law or to prevent imminent harm to the user or third parties. In such cases, Fundación Banco Santander will inform the user at the time of suspension or shortly thereafter.

These measures will be taken in good faith and in order to protect the legitimate interests of Fundación Banco Santander, the Members and other Users. The suspension will be adapted to the specific needs of each case in order to maintain the integrity, functionality and security of the Platform.

Limitations and Disclaimers:

Fundación Banco Santander does not guarantee that the use of the Platform by the User will be uninterrupted or error-free, or that the information provided by the Partners will meet all of the User’s needs.

Fundación Banco Santander shall not be liable for delays, delivery failures, loss of data or other damages arising from the transfer of information through telecommunications networks, including the Internet, provided that reasonable diligence has been exercised.

Modifications to the Platform:

Fundación Banco Santander may carry out updates or modifications to the Platform at any time. In the event that the modifications are substantial, Fundación Banco Santander will notify the User, and the User will have the right to request cancellation of the Platform if it does not agree with the changes. If the User continues to use the Platform, it will be understood that it has accepted the modifications without reservation.

VI. WITHDRAWAL FROM THE CREASUS PLATFORM

Registration and access to the Platform is completely free of charge and for a fixed period until 30 September 2026, the end date of the Project, unless the contractual relationship between Fundación Banco Santander and the User is terminated or dissolved for any of the reasons set out in this section. If Fundación Banco Santander decides to keep the Platform active after the end of the Project, it will inform the User of this decision and of the new conditions for using the Platform.

The User has the right to request voluntary withdrawal from the Platform at any time. To do so, it must send an e-mail to the following address: creasus@gruposantander.com, clearly and unambiguously stating his/her decision to leave the Platform.

It is important to bear in mind that simply ceasing to use the Platform will not be considered an effective withdrawal of the account. For the withdrawal to be valid, the User must follow the process described above, sending the withdrawal request by email.

Once Fundación Banco Santander receives and processes the User’s deregistration request, the account will be deactivated. From that moment, the User will lose access to the resources and materials provided by both Fundación Banco Santander and the Project Partners, and the right to access and use the Platform will cease.

Similarly, Fundación Banco Santander reserves the right to terminate the contractual relationship with the User and suspend access to the User’s account or even automatically terminate the User’s account if any of the following circumstances arise:

Failure to fulfil contractual obligations: If the User fails to comply with the obligations acquired with Fundación Banco Santander or with any of the Project Partners by virtue of these Terms of Use.

Illegal or fraudulent use: If it is detected, or there is reasonable suspicion, that the User is using the Platform for unlawful, abusive or fraudulent purposes, or if the User performs any other action that could be considered criminal.

Irregular activities: If irregular activities are detected in the User’s account, such as unusual access or attempts to manipulate the functionalities of the Platform.

Legal non-compliance: If the User breaches any applicable law, regulation or legal provision, including specific regulations related to sustainability and corporate social responsibility.

Loss of beneficiary status: If the User ceases to meet the requirements for access to the Platform, either by losing the status of cultural or creative sector entity or by ceasing to be based in one of the Member States of the European Union, as indicated in point IV of these Terms and Conditions.

Falsification of registration data: If it is detected, or suspected, that the User has provided false or inaccurate data during the registration and account creation process.

Unauthorised use: If there is suspicion that the account is being used by unauthorised third parties or if it is detected that the security features of the account have been compromised.

Legal requirements: If a request is received from a competent law enforcement, judicial, regulatory or governmental authority requesting the suspension or deletion of the User’s account.

In all such cases, Fundación Banco Santander reserves the right to act immediately, suspending or withdrawing the User’s access to the Platform, without prior notice. Fundación Banco Santander will notify the User of the suspension or cancellation of his/her account, explaining the reasons for such a decision, unless there is a legal prohibition or an ongoing investigation that prevents it.

VII. OBLIGATIONS OF THE USER

The User agrees to comply with all obligations set out in these Terms of Use, as well as those that may arise from access to and use of the Platform, or the materials and resources provided by the Partners. In particular, the User undertakes to:

Appropriate use of the Platform: Use the Platform in accordance with the provisions of these Terms of Use, acting at all times in good faith and respecting public order. The User undertakes not to use the Platform for fraudulent purposes or to carry out actions that could damage the reputation, interests or rights of Fundación Banco Santander, the Partners, or any person or group linked to them.

Image and interests protection: Refrain from any activity that may damage the image, prestige or rights of the Banco Santander Foundation, the project partners or any other interested party, including the social groups associated with them.
Incident reporting: Inform Fundación Banco Santander, without undue delay, of any incident, irregularity or problem related to the use of the Platform, in accordance with the procedures set out in these Terms of Use.

If the User provides personal information or data relating to third parties, it must ensure that it has obtained the prior consent of the third party to the transfer of such information to Fundación Banco Santander and its partners. The User guarantees that it has the right to provide such information freely and that its use does not infringe any intellectual, industrial or commercial property rights or any other regulations, including those relating to data protection.

The User assumes full responsibility in the event that the information or data provided by him/her on the Platform breaches any of the aforementioned regulations or rights. Fundación Banco Santander will not be liable for any damages, direct or indirect, that may arise from the User’s failure to comply with its obligations under these Terms of Use.

VIII. INTELLECTUAL AND INDUSTRIAL PROPERTY

For the purposes of these Terms of Use, ‘Intellectual and Industrial Property Rights’ shall mean all those rights recognised by current legislation on intellectual property (including copyright, related rights and sui generis rights) on any type of works and services (including software), for any purpose and in any form of use. This includes all exploitation rights, such as fixation, reproduction, public communication (including making available to the public), distribution and transformation (e.g. translation, adaptation, digitalisation or photographic retouching), as well as the creation and exploitation of derivative works, and the corresponding remuneration rights. It also includes the rights recognised under industrial property legislation (designs, models, industrial or artistic drawings, patents, trademarks, utility models, topographies of semiconductor products, plant varieties and any other similar right, whether registered or not), as well as the rights recognised under trade secret legislation, including the power to apply for and manage the corresponding applications to obtain, grant, protect or renew such rights anywhere in the world.

The User acknowledges that the CreaSus Platform, as well as all associated rights, especially Intellectual and Industrial Property Rights, are the exclusive property of Fundación Banco Santander or, where applicable, of the third parties that have licensed such rights to Fundación Banco Santander for the provision to users of the resources and materials contemplated in these Terms of Use.

Similarly, the User acknowledges ownership and all rights, including Intellectual and Industrial Property Rights, that may exist on the contents, materials, recommendations, instructions, guidelines, guides, advice, tips, infographics, videos, images or webinars provided by Fundación Banco Santander and the Project Partners through the Platform.

Except as otherwise expressly provided in these Terms of Use, the User shall not be entitled to reproduce, copy, modify, duplicate, create derivative works or new versions, produce, imitate, republish, download, display, transmit, distribute or publicly communicate (including making available to the public) all or any part of any of these elements, in any media, format or broadcast channel. The User agrees not to attempt to decompile, disassemble, reverse engineer or otherwise reduce to an understandable form any part of the Platform.

Notwithstanding the foregoing, the User shall obtain the following rights in relation to each of the contents. The licences are granted directly by each of the Project Partners, to the extent that such content is owned by the Project Partner, as set out below:

Regarding the ESG sustainability self-assessment tool, the User acquires a limited licence solely and exclusively for the use of the tool in the context of its access and navigation through the Platform by UNIBA;

In relation to the recommendations for actions for sustainable transformation, the User acquires a limited licence, solely and exclusively for the purposes of allowing its downloading, reproduction and printing on their own systems, as well as for the printing of the same. The above licence does not confer any right to communicate, display or distribute the above recommendations. This licence is granted by ZABALA Partner.

Regarding the individual sustainability assessment report resulting from the self-assessment with recommendations for action, the User will obtain a licence granted directly by UNIBA, ZABALA and Fundación Banco Santander for its reproduction, printing, downloading and public communication.

For the document on financing systems and resources, the User will obtain a licence for downloading, reproduction and printing from the MSC Partner.

The documents on sustainable business models prepared by the WESTBIC Partner are licensed to the User for the purpose of allowing their downloading, reproduction and printing.

The licence granted on the webinars on financing and sustainability developed by the MSC Partner will only allow the viewing and use of such content, without the possibility of transfer to third parties, downloading or subsequent viewing by third parties outside the User.

Furthermore, the licences granted herein will have a limited duration of five years from the date of completion of the Project. For clarification purposes only, the Project will terminate on 30 September 2026.

Notification of illegal or infringing content:

If the User suspects or is informed of the presence of illicit or illegal content on the Platform, including content that may infringe the Intellectual and Industrial Property Rights of third parties, it must immediately notify Fundación Banco Santander at the following email address: creasus@gruposantander.com, so that Fundación Banco Santander may take the appropriate measures.

Similarly, if the User considers that the Platform infringes their own Intellectual and Industrial Property Rights, or any other rights, they should send an email to the address indicated above, providing at least the following information:

Identification of the User and, in the case of a legal entity, of its representative, with the corresponding contact information.
Documentation supporting the claim, identifying the holder of the rights that have allegedly been infringed.
Detailed list of the rights that are considered to have been infringed by Fundación Banco Santander, the Partners or other Users, as well as their exact location within the Platform.
Explicit and responsible statement that the content in question is being used without the consent of the legitimate holder of the rights.

IX. RESPONSIBILITIES AND GUARANTEES

Fundación Banco Santander makes its best efforts to ensure that the contents available on the Platform are appropriate and correct at all times. However, Fundación Banco Santander is not responsible for the contents, documents or texts incorporated by the Project Partners, especially with regard to the substantive content of such documents. The veracity, usability and suitability of the material provided by the Partners is the sole responsibility of each of them.

If the User detects errors in the Platform or its contents, technical failures, or any other situation that may negatively affect the normal operation of the Platform and/or its availability, it should immediately notify the Foundation via the e-mail address: creasus@gruposantander.com.

Despite the aforementioned efforts, Fundación Banco Santander disclaims any obligation or liability related to the content available on the Platform, and reserves the right to update, delete or modify any content, as well as to limit or deny access to any User, temporarily or permanently.

In particular, the reliability, usefulness or veracity of all information, materials and/or content available on the Platform is not guaranteed, nor the usefulness or veracity of the documentation provided to the User by the Project Partners.

Fundación Banco Santander shall not be liable for damages suffered by the User in the following cases:

The User does not use the Platform in accordance with the instructions issued by Fundación Banco Santander or indicated on the Platform itself.
The User uses the Platform in conjunction with any other third party software without having sufficient rights for such use.
The User continues to use the CreaSus Platform or any of its contents after the Foundation has been notified of an actual or potential infringement of third party rights.
The User continues to use the Platform after having withdrawn their account.
Any modification to the Platform made by a person or entity outside the Fundación Banco Santander or the Project Partners.
Damages of any kind (including direct or indirect damages, loss of profits or loss of data) arising from errors, interruptions, suspensions or other problems of availability of the Platform.
Damages arising from any activity of the User contrary to the provisions of these Terms of Use or applicable law.

Notwithstanding the above, the Fundación Banco Santander has adopted all the technical measures available, in accordance with the state of the art and its possibilities, in order to ensure the proper functioning of the Platform and to minimise, from a technical point of view, possible system breakdowns.

Fundación Banco Santander reserves the right to deny any User access to all or part of the Platform at any time and for any reason, without prior notice. The use of the Platform is subject to all applicable laws and regulations, and the User is solely responsible for any content or communication sent through Creasus.

The User agrees that no liability arising from these Terms of Use shall justify the imposition of injunctive relief in legal proceedings.

X. PROTECTION OF DATA

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 and repealing Directive 85/46/EC (‘GDPR’) and Organic Law 3/2018 of 5 December 2018, on the Protection of Personal Data and guarantee of digital rights (‘LOPDGDD’) all personal data provided during the use of the Platform will be treated in accordance with the provisions of the Privacy Policy that you must read and, where appropriate, accept and/or consent to.

XI. USE OF USER TRADEMARKS

By accepting these Terms of Use, the User grants Fundación Banco Santander and the Partners of the Project a non-exclusive, free, worldwide licence for the entire duration of the Project to use the brand image, the logo and any other distinctive sign of the User (hereinafter, the ‘Brand’) for the sole purpose of giving visibility to the Project. This licence will allow Fundación Banco Santander and the Partners:

To include the User Branding in a dedicated area within the Project’s general website (www.creasus.eu).
To use the Brand in internal and external communications related to the Project, such as newsletters, presentations and promotional materials, in order to identify the User as a beneficiary of the Project.
To use the User Brand as a reference to give visibility to the Project in events, publications and any other initiative related to the dissemination of the results and achievements of the Project.

The use of the Trademark by Fundación Banco Santander and the Partners shall always respect the integrity and corporate identity standards of the User, and shall be limited exclusively to the purposes indicated in this clause. Fundación Banco Santander and the Partners undertake not to modify, alter or transform the Trademark without the prior express consent of the User.

The User may revoke this licence at any time by written notice to Fundación Banco Santander at creasus@gruposantander.com if it considers that the use of its Trademark violates its interests or corporate standards. In any case, the licence to the Trademark will be automatically terminated in the event that the User unsubscribes from the Platform in accordance with section VI of these Terms of Use.

XII. MODIFICATIONS TO THE TERMS OF USE

Fundación Banco Santander reserves the right to modify these Terms of Use at any time. In the event that such modifications are substantial, the User shall have the right to cancel his/her account if it does not agree with the changes. Continued use of the resources provided by the Partners or access to and use of the CreaSus platform after the updating of these Terms of Use shall imply the express and unreserved acceptance of the modifications made.

Each of the clauses contained in these Terms of Use is to be interpreted independently and autonomously. If any clause is declared null and void or unenforceable by a final court judgment or arbitration award, such nullity shall not affect the validity of the remaining clauses.

In the event that a clause is declared null and void, it shall be replaced by a provision that preserves as closely as possible the effects and purpose of the Terms of Use.

XIII. FORCE MAJEURE

Neither the User nor Fundación Banco Santander shall be liable for any delay in performing or failure to perform any of its obligations under these Terms of Use where such delay or failure is due to events, circumstances or causes beyond its reasonable control (force majeure). The affected party must notify the other party in writing within one (1) business day of becoming aware of such circumstances.

In such situations, the affected party shall be entitled to a reasonable extension of time to perform its obligations.

If the delay or failure to perform continues for more than two (2) weeks, the party not affected by such circumstances may terminate these Terms of Use by giving five (5) business days’ written notice to the affected party.

XIV. DISPUTE RESOLUTION

These Terms of Use, the Platform, as well as the use that the User may make of the Platform are governed by the Spanish legislation in force at any given time. In the event of any dispute, action or claim that may arise in relation to the interpretation and application of these Terms of Use, the parties submit, at their option, to the Courts and Tribunals of the City of Madrid, Spain, for resolution, expressly waiving any other jurisdiction that may apply to them.