Frequently asked questions
This Master Service Agreement, (this “Agreement”), is a binding contract between Your chosen Enterprise User who has been appointed so by the licensor, as per Enterprise User License Agreement. (hereinafter referred to as “Controller”)
YOU, an individual or person intending to benefit from the Commons Platform or any of its Products (hereinafter referred to as “User”).
Individually referred as “Party” and collectively as the “Parties”
THIS MASTER SUBSCRIPTION AGREEMENT GOVERNS THE USE OF COMMONS PLATFORM DEVELOPED AND MAINTAINED BY PLATFORM COMMONS FOUNDATION AND LICENSED BY PLATFORM COMMONS SERVICES OR AN APPOINTED PLATFORM INSTANCE OWNER.
BY CLICKING THE “ACCEPT” BUTTON BELOW, AND/OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE COMMONS PLATFORM OR ANY OF ITS PRODUCTS, USER (A) ACCEPTS THE TERMS SET FORTH HEREIN AND WARRANTS THAT THE USER IS LEGALLY BOUND BY ITS TERMS. IF THE USER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, THE LICENSOR WILL NOT AND DOES NOT GRANT THE USE OF COMMONS PLATFORM OR ANY PORTION OF THE COMMONS PLATFORM TO THE USER.
For purposes of this Agreement, the following terms have the following meanings:
- “Agreement” – This Master Subscription Agreement.
- “Commons Platform” or “Platform” – The underline code, frameworks, workflows, rules, APIs, services, data layers, reporting and analytics logic, Artificial Intelligence and Machine Learning algorithms, and design created by owned by Platform Commons Foundation.
- “Content” – The information and/or knowledge created by PCF, its partners, customers, users, or obtained from permitted publicly available sources or third-party content providers and made available to Customers & Users through the Services.
- “Controller” – The entity which determines the purposes and means of the processing of Personal Data. ‘Controllers’ shall be bound by the agreement & privileges defined in ‘Platform Commons License – Enterprise User’. Also referred to as “Customer” based on context.
- “Customer” or “Controller” – The entity that executed the Agreement together with its Affiliates (for so long as they remain Affiliates) with the Licensor to offer and/or curate opportunities for Users, as permitted by law, using the. software offered by Commons Platform.
- “Instance” – A physical installation of the Commons Platform that offers all bundled capabilities of the original platform.
- “Intellectual Property Rights” – Any and all intellectual property or proprietary rights throughout the world, including all: (i) patent rights (including patent applications and disclosures); (ii) registered and unregistered copyrights (including rights in software, including in source code and object code); (iii) registered and unregistered trademark rights; and (iv) trade secret rights.
- “Licensor” – The party as identified under the preamble.
- “Processor” – The entity which Processes Data on behalf of the Controller.
- “Services” – The sum of or a portion of products and services offered to Customers and Users or requested by Customer under an Order Form, Memorandum of Understanding, or online purchasing portal. “Services” exclude Content and Non-PCF Applications.
- “Tenant” – A group of users belonging to an organization who share a common access with specific privileges to the software instance. Each Customer has its independent Tenancy on the Platform Instance that separates that Tenant from other Tenants.
- “User” – The individual user of the Commons Platform, self-registered, registered, or invited by an existing User, onboarded by any Customer, or directly by the Platform.
- “User Data” – Data published and/or modified or updated by the user on any software product built on the Commons Platform.
- “Use” – The use of the Platform or any of its software products in order to fully realize the intended use-case including, but not limited to, clicks, impressions, usage logs, content published, emotions shared, by the User.
WHEREAS, the User agrees to have understood the Architecture of the Platform
The Commons Platform operates in multi-tenant architecture that is designed to segregate and restrict access to customer data based on business needs. The architecture provides an effective logical data separation for different Customers via unique identifiers and allows user role-based access privileges. Additional data segregation is ensured by providing separate environments for different functions. Commons Platform has implemented procedures designed to ensure that organization’s data is processed only as instructed by the organization, throughout the entire chain of processing activities; thereby giving reasonable access to User data as defined in this MoU. User Interface allows Tenants to manage their own User Data, including Personal Data.
The Commons Platform is multi-domain aware, and the domain differentiating layer allows for specific needs and functions needed to create an impact in that domain. The domain layer acts as a layer of functional differentiation to the platform.
User Identity & Mobility
The Commons Platform respects mobility and protects the data of its Users and Users of Tenants.
Commons ID: Individual Users are identified via their unique Commons ID on the platform and all data pertaining to the User in question is stored in their respective Data Wallet. Commons ID is designed to restrict User’s Organization-Specific-Transactions within a Tenancy and Organization-Independent-Functions across tenancies.
Data Wallet: Data Wallet stores User’s Personal Data and a copy of all the transactions the User makes on the Platform and remains in the custody of the User under all circumstances. The Data Wallet linked to the User’s Commons ID allows Users to freely move from one Platform Instance to another, if and when needed.
Data Access and Data Portability: Users have the right to confirm with a Tenant through a human-readable click-wrap before signing-up on the platform. Through the clickwrap, the Tenant must provide the User with information about any processing, and the other parties with whom such personal data will be shared. Users have the right to port their personal data in a structured, commonly used, and machine-readable format so that they can transmit their own personal data to another organization or instance.
Right to Erasure: Also known as “the right to be forgotten,” this right empowers Users to request that a Tenant delete or remove their personal data in situations such as the following: when the data is no longer needed for the original purpose, when the User withdraws consent, or when the User objects to the processing and the Tenant has no overriding legitimate interest in the processing. A User can request personal data be deleted from the Tenant through the lines of communication that the Tenant sets up to accept such requests.
Federation of Multiple Instances
The Commons Platform has many instances and shall have many more instances globally to serve communities around Sustainable Development Goals. The Users of any Platform Instance shall always have the choice of moving from one platform instance to another, or from one app to another without losing personal information and tenant independent functions.
Software or Application Developer
The Software applications built on Commons Platform could either be created by PCF employed core team or via independent engineers or via 3rd party technology companies contributing to the Platform.
Any content on the Commons Platform created by User, Customer, Tenant, or the Platform Instance Owner or its agents using public money or philanthropic money will be made available to the general public under Creative Commons license (CC-BY-NC-SA or CC-BY-NC-ND)
Governance & Administration
Customer has the right and the obligation to govern and administer their tenancy, inter alia.
- Adherence to Master Data – includes using projects from Projects Master Data or adding new opportunities to master data unless they are non-abusive, non-promotional, non-advertorial, non-political, and with-in constitutional framework.
- Defining standards for Products & Services – includes, product, project, and service specifications, quality standards, recommended price points, etc.
- Ensuring Users in the Tenancy comply with the defined standards.
- Resolve grievances from Users in their tenancy.
- Where applicable, conduct audits to ensure that Users comply with the platform rules.
WHEREAS, Users agree to User Rights, Enterprise Rights and Data Terms
- User’s Personally Identifiable Information (PII), or any data that could potentially identify a specific individual. Or be used to distinguish one person from another and can be used for de-anonymizing anonymous data, shall be fully owned by respective users, irrespective of where or by whom the data is hosted. For clarity, the User’s PII is not owned by the app developer, Platform, Customer, hosting agency, or hosting sponsor. PII includes any information pertaining to the Users, including but not limited to user profile, phone number, email, photographs, skills, domains, interests, identifying documents, etc. and can be created, edited, or modified only by the User in question, or by request of User to the associated Customer.
- User’s Personally Identifiable Information (PII), is accessible only to associated Customers engaging users on the Platform. The user agrees to be contacted by officially appointed leads from respective Customers and the Platform team. The Customer has the right to reach out to associate Users only to notify through phone, messages, or e-mail alerts of potential opportunities that may interest the User. The respective Party sending the notification shall be the Controller of such notifications and acknowledges that its use of the services will not violate the rights of any Users that have opted-out from sales or other disclosures of Personal Data, to the extent applicable under the law.
- User understands that all Customers on the Platform have signed an Enterprise User License, which ensures protection of their rights and fair use of Commons Platform. If a Customer rejects the terms of Enterprise User License Agreement, the Licensor will not and does not grant the use of Commons Platform or its Products.
- Users shall always have the choice and the right to associate themselves or transact with any and as many Customers or Opportunities of their choice, as far it is legally allowed and approved to do so by the Customer concerned. Users shall have access to Customers and Opportunities across Platform Federation. Users are also cautioned, therefore, to engage with Customers they know, or have prior experience with, or have received an invitation to join/transact with their tenancy through a legitimate channel.
- User has the right to subscribe to Customers and Opportunities offered by Customers other than the inviting or onboarding Customer on the Commons Platform Instance.
- User has the right to port one’s personal Data Wallet in a structured, commonly used, and machine-readable format so that they can transfer their own personal data to another organization or instance. All transactions between the User and the moving-out Customer or moving-out Platform Instance remains with the respective moving-out parties.
- For the benefit of the community, beneficiaries, Users, and Customers – the transactional and personal information is made anonymous by removing data that can identify a User, such as a name, address, email, and telephone number. The user agrees to allow the use of anonymized information for community service, protecting the User’s privacy. The User, however, agrees and fully understands the difference between data and content; and that his or her uploaded content, including text, video, images, shared on the platform and made visible to other Users may be used by respective Customer or Platform Instance Owner for reporting and marketing purposes.
- For the benefit of the community, beneficiaries, Users, and ecosystem Customers, personal information is aggregated by grouping together with other Users and Usage statistics to generate insights. The user agrees to allow the use of anonymized information, protecting the User’s privacy to the Processor and the Customer. For clarity, User allows the use of anonymized information, protecting User’s privacy to the Processor and the Customer.
- The user is fully aware and understands the intent of Commons Platform or any of its Products and shall use the platform solely for the purpose of service to the society. The Licensor reserves the right to ban the User or delete the account if any misuse is found or reported. If the User is found misusing the platform, the User and the Customer shall indemnify and hold the Licensor and/or Processor harmless.
- While the Licensor takes all reasonable precaution to ensure the safeguarding of data, User understands and accepts that the Licensor shall not be held liable for loss of any data, due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond the Licensor’s reasonable control including but not limited to strike, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.
- The user fully understands that it is the sole responsibility of the User to check the authenticity of all or any response received pursuant to the User’s utilization of the Commons Platform or its Products. The Licensor assumes no responsibility for the data, content, or communications the User creates or receives from any Users on the platform or Customer.
- The Licensor warns Users for using the Platform for any commercial consideration or payment between the Users or between Users and Customers. If the User proceeds to engage in a commercial arrangement with peer Users, the User shall be doing so at his or her own will and the Licensor assumes no responsibility for the claims or disputes arising out of such commercial arrangements.
- The user hereby agrees that the publishing of multiple accounts for the same user will prompt the Licensor to deactivate the user’s accounts. This decision shall be made solely at the Licensor’s discretion and without any notice to the User.
- The Licensor reserves the right to reject and delete abusive, offensive, derogatory content without assigning any reason. The Licensor reserves the right to reject and delete political, religious, and other sensitive content without assigning any reason.
- Users shall be assigned a password to register and operate products and access information. The user assumes full responsibility to safeguard the password and avoiding any loss of data under any circumstances and acknowledges and releases the Controller or Licensor from any responsibility to safeguard the data published by the User.
- The Licensor reserves the right to change the look, feel design, prominence, and depiction of the Platform products at any time without assigning any reason and without giving any notice.
- The user hereby confirms that he or she is a major in the eyes of the law and assumes full and sole responsibility for the User’s act or omissions.
- In the event, the Licensor determines that the User has violated any terms of this Agreement or other agreement entered into by him with the Licensor as a Licensor, the Licensor reserves the right to terminate this Agreement with no liability whatsoever and reserves its right under the law.
- User warrants that the published information is accurate in all respects and shall indemnify the Controller and Licensor against any claims that challenge the veracity of the data/information provided by the User.
- The user of these services is merely a Licensee and understands that the Licensor as Licensor owns the intellectual property to the Commons Platform. Pursuant to the foregoing, the User, therefore, warrants that the User will not modify, adapt, alter, translate, reverse engineer, decompile or create derivative works of the underlying Platform Code.
This agreement will be governed by the laws of Republic of India without application to the conflict of laws.