Kodeks ponašanja

1.1. This Code of Conduct (the "Code") sets out the rules of behaviour governing the use of Votinova (the "Platform"), an interactive presentation and real-time audience voting software service provided by Atbion OÜ —a private limited company (Osaühing) incorporated under Estonian law, with registry code 16890390, VAT number EE102728154 and registered office at Ahtri tn 12, Kesklinna linnaosa, Tallinn 15551, Harju maakond, Estonia ("Atbion", "we")—.

1.2. This Code applies to all persons who interact with the Platform:

• the Users, that is, the Presenters and the members of an Organisation who create, import or run presentations and interactive sessions; and
• the Participants, that is, the Audience who join a session to answer the questions, whether anonymously, identified or authenticated.

1.3. This Code is incorporated into the Terms of Service and forms an integral part thereof. Its acceptance is a condition for the use of the Platform. In the event of any discrepancy, the Terms of Service shall prevail, and this Code develops them.

1.4. The rules on moderation and content handling are set out in detail in the Content and Moderation Policy, to which this Code refers.

Every person who uses the Platform undertakes to act in accordance with the following principles:

2.1. Respect. To treat other persons with courtesy and consideration, without harassment, intimidation or humiliation, and respecting the diversity of opinions and the dignity of others.

2.2. Legality. To use the Platform lawfully, in accordance with the law of the European Union, with Estonian law and with the legislation applicable to each person, and without infringing the rights of third parties.

2.3. Responsible and professional use. To use the Platform for its legitimate purposes —to create and run interactive presentations and to take part in votes—, honestly, without disrupting its operation and without impairing the experience of others.

2.4. Good faith. Not to use the Platform to deceive, manipulate results, impersonate identities or circumvent the technical measures, the limits or the security safeguards.

3.1. The Presenter is responsible for the session that they organise and run, as well as for the content that they create, import or project to their Audience (presentations, questions, images and other materials).

3.2. The Presenter's content must be lawful, must not infringe intellectual or industrial property rights, image rights, data protection rights or any other rights of third parties, and must be appropriate for the Audience to which it is addressed.

3.3. The Presenter declares that they hold the rights necessary over the content that they upload and undertakes not to use the Platform to disseminate prohibited content under clause 5.

3.4. The Presenter is responsible for moderating the questions, the open answers and the Q&A contributions of their session before showing them to the Audience, and for using the moderation tools that the Platform makes available to them (clause 6).

3.5. Where the Presenter collects data from Participants (for example, in identified or authenticated mode), they are responsible for the lawfulness of that processing vis-à-vis their Audience, in their capacity as controller, in accordance with the Privacy Policy and the Data Processing Agreement.

4.1. Participants join the sessions that the Presenter organises and undertake to use the voting and participation features in a respectful and lawful manner.

4.2. The Participants' contributions —in particular, the open answers, the Q&A questions and the contributions to word clouds or other interactive questions— may not contain:

(a) harassment, threats, insults or intimidation towards other persons; (b) hate speech or content that is discriminatory or that incites violence; (c) unlawful content or content that infringes the rights of third parties; (d) unsolicited messages, advertising or spam; or (e) personal data of third parties without a basis that legitimises their disclosure.

4.3. Participants must cast their votes and contributions in good faith, without fraudulently manipulating the results of a vote or circumventing the participation limits of the session.

4.4. The Participants' contributions are subject to the moderation of the Presenter and of the Platform, in accordance with clause 6.

Regardless of the status of User or Participant, it is prohibited to create, upload, contribute, disseminate or promote, through the Platform:

5.1. Unlawful content or content that infringes the applicable legislation or the rights of third parties.

5.2. Content that incites hatred, discrimination or violence against persons or groups on grounds of race, origin, religion, sex, sexual orientation, disability or other protected status.

5.3. Harassment, intimidation, threats, bullying or defamation of any person.

5.4. Sexual or pornographic content involving minors, as well as any child exploitation or abuse content, which shall be subject to immediate removal and, where appropriate, to notification to the competent authorities.

5.5. Content that infringes intellectual or industrial property rights (works, trade marks, patents or trade secrets) of third parties.

5.6. Malicious software, viruses, harmful code or links intended to compromise the security of the Platform or of its users.

5.7. The fraudulent manipulation of votes, including the artificial or automated casting of votes and the improper alteration of the results of a session.

5.8. The impersonation of the identity of persons or organisations or the misrepresentation of affiliation with them.

5.9. Mass data extraction techniques (scraping), the automated collection of content or the reverse engineering of the software, except to the extent permitted by law.

5.10. The circumvention of the limits of use, of the Plan quotas or of the technical and security measures of the Platform.

6.1. The Presenter moderates the questions, the open answers and the Q&A contributions of their own session, and may hide, discard or not publish the contributions that infringe this Code before showing them to the Audience.

6.2. Atbion applies, on a complementary basis, automated content moderation (assisted filters for images and text) which helps to detect potentially unlawful or inappropriate content before showing it to the Audience, as well as human review where necessary.

6.3. The detail of the moderation mechanisms, the notice-and-action procedures and the statement of reasons for the decisions are governed by the Content and Moderation Policy, in accordance with Regulation (EU) 2022/2065 (DSA).

6.4. Automated moderation constitutes an assisted filter subject to human oversight and does not make decisions with significant legal effects on persons.

7.1. In the event of non-compliance with this Code, Atbion may adopt measures proportionate to the seriousness, the repetition and the impact of the conduct, including, on a graduated basis and as appropriate:

(a) a warning; (b) the removal of the infringing content or the disabling of access to it; (c) the restriction of functionalities or of participation in a session; (d) the temporary suspension of the account or of access; and (e) the termination of the account or of the contract in serious or repeated cases.

7.2. Except in cases of urgency, risk to security or legal prohibition, Atbion shall give prior notice and allow remedy where this is reasonable.

7.3. The Presenter may apply, within their session, moderation measures against the Participants who fail to comply with this Code (for example, hiding contributions or limiting abusive participation).

7.4. The suspension and termination regime is developed in the Terms of Service, to which this Code refers.

8.1. Any person may report content or conduct that infringes this Code through the mechanisms available on the Platform itself or by writing to moderation@votinova.com.

8.2. To facilitate the assessment, it is advisable to describe the content or the conduct, its location (for example, the session or the question concerned) and the reason for the report.

8.3. Reports are processed in accordance with the Content and Moderation Policy. Atbion does not tolerate retaliation against those who report in good faith.

9.1. Atbion may amend this Code in order to adapt it to the evolution of the Platform, to the applicable legislation or to its moderation practices.

9.2. Material changes will be notified with reasonable prior notice through the Platform and, where appropriate, by email. Continued use of the Platform after the changes take effect implies their acceptance.