Terms and Conditions of the

Open Space Innovation Platform (OSIP)

Please read carefully the following terms and conditions (“OSIP Conditions”) before registering to the Open Space Innovation Platform (“OSIP”).

They are released by the European Space Agency, an international intergovernmental organisation governed by its Convention, having its headquarters at 8-10 RUE MARIO NIKIS, CS 45741, 75738 PARIS CEDEX 15, France (“ESA” or “the Agency”).

By registering as a User of the OSIP or by launching a Campaign or Channel through OSIP, the User and, respectively, the Organiser accept (such acceptance being a mandatory condition to have access and use the OSIP):

1. these OSIP Conditions including any future modifications to these OSIP Conditions;
2. the ESA Personal Data Protection Framework and the Privacy Notice and Consent Form available on the OSIP;
3. any click-wrap or click-through terms and conditions or agreements provided through OSIP or in conjunction with any OSIP materials or changes or updates of the above-mentioned Conditions, in order for the Users to gain access to and use of OSIP (collectively, "Additional Terms").

Once so accepted, the above mentioned OSIP Conditions, ESA Personal Data Protection Framework and Additional Terms will be legally binding for the User and, respectively, the Organiser (as defined below) in connection to their respective use of the OSIP.

I.                               Definitions

In these OSIP Conditions the following words and expressions have the following meaning:

“Additional Terms” means:

1. 1. 1. the Conditions of Participation to OSIP Campaigns and Channels made available on OSIP;
      2. any other additional terms and conditions which a User is required to accept in order to use the OSIP and/or participate to a Campaign or Channel.

“Campaign” or “Channel” means the competitions launched on the Platform, where:

1. “Campaign” means a competition launched via OSIP which:

1. is intended to generate Ideas, with a predetermined focus and for certain expected results and
2.  is opened within in a defined timeframe.

2. “Channel” means a competition launched on OSIP, which:

1. is intended to collect Ideas from Participants on general issues or on specific topics, but without targeting a specific result and
2. is opened during an open timeline.

“Content”                                   has the meaning set forth in Article IX herein.

“Evaluation panel”

or “Team of Experts” means the team of experts nominated by ESA to evaluate Ideas submitted by Participants.

“Idea”                                          means, in the context of OSIP Campaigns or Channels, the expression and description of a thought, of a proposed solution, of a process or concept containing typically, and as a minimum, a title and an explanation.

“Intellectual Property Rights”          means any patent, registered design, copyright, database right, design right, topography right, trade mark, service mark, application to register any of the aforementioned rights, trade secret, right in unpatented know-how, right of confidence and any other intellectual or industrial property right of any nature whatsoever in any part of the world.

“Organiser”                   means the entity, the institution, the organization, the private company or any combination of these categories, which has registered as User of OSIP or is otherwise provided access by ESA to OSIP for organising a Campaign or a Channel and launching it on OSIP.

“OSIP” or “Platform” or “Website” means Open Space Innovation Platform operated by, or for, ESA for the purposes of Campaigns and Channels. OSIP is the front end to the Discovery element of ESA’s Basic Activities and other ESA-wide calls in the form of a website. It provides an efficient, streamlined entry point for novel Ideas and is available at URL https://ideas.esa.int 

“Participants”               means the Users who have formulated and entered an Idea in OSIP.

“User(s)”                        (also called “innovators” on the OSIP Platform) means the persons which are registered as user in OSIP and which has been provided by ESA with an access code. They may represent a moral person or attend in their own behalf.

II.                          Scope of these OSIP Conditions

2. 2. This document sets forth the conditions of registration to, and use of, OSIP.

III.                     The purpose of OSIP

3. 3. The purpose of OSIP is to facilitate the launch of Campaigns and Channels and the collection of new and innovative Ideas. OSIP is intended to be an efficient, streamlined entry point for all types of novel, potentially disruptive space-related concepts and technology development Ideas.

IV.                      Organiser(s) of Campaigns and Channels

4. 4. The Campaigns and Channels will be launched through OSIP under the responsibility of their Organiser.

5. 5. Unless otherwise expressly indicated in the Conditions of Participation to the Campaign or Channel, the Organiser shall be ESA in which case ESA Conditions of Participation to the Campaign or Channel and, generally, the ESA legal framework will apply.

6. 6. Whenever ESA is not Organiser or co-Organiser of a Campaign or Channel in OSIP:

1. ESA will support the Organiser by:

1. making available OSIP to the Organiser upon terms and conditions to be agreed through a specific agreement to be signed with the Organiser and
2. contribute to the promotion and outreach of the Campaign or Channel by any appropriate means.

2. the Organiser shall refrain from any misleading communication in relation with the respective roles of ESA (as provider of OSIP) and the Organiser; the Organiser shall take into account any suggestion made by ESA, should any information or communication made by the Organiser appears as misleading or not consistent with these OSIP Conditions;

3. the provision of OSIP, by ESA, to the Organiser does not imply endorsement by ESA of the activity, Campaign or Channel of the Organiser;

4. ESA will not responsible, and cannot be held liable for, any financial or organisation aspects of the Campaign or Channel and thus ESA will not (and may not be presented in any way creating appearance of being) liable for any matter that relates to the Organiser’s role. Any incompliance by the Organiser with the terms and conditions set forth in these OSIP Conditions may trigger important damages for ESA, in particular – without limitation - in terms of image and reputation.

7. 7. Since the Organiser registers as “User” in OSIP or is in any other way provided access by ESA in OSIP, the Organiser must comply with all the terms and conditions applicable to Users under these OSIP Conditions, unless otherwise expressly agreed with ESA in a separate agreement which may be concluded between the Parties.

V.                           Conditions of participation Campaigns / Channels

8. 8. The Participation of Users of OSIP to such Campaigns and Channels is subject to their acceptance of the Conditions of Participation released by the Organiser and available on the OSIP.

VI.                     Eligibility to become User of OSIP

9. 9. Cumulative eligibility criteria. The eligibility criteria set forth in this Article VI are cumulative.

10. 10. General conditions of eligibility. To be eligible to register as a User of OSIP (which is mandatory condition to become a Participant in a Campaign or Channel launched through OSIP), the User must fill in the registration form available on the OSIP, with all the required information including the identifying name and a verifiable email address.

          There shall be no entitlement to use the OSIP. ESA shall be entitled to refuse registration as Users for any reason.

PRIVACY NOTICE AND CONSENT FORM FOR:

The Open Space Innovation Platform (OSIP)

[For Internal Reference - DPNR Reference Number 1572]

Kindly provide this “DPNR Reference Number” in any communication with the ESA Data Protection Officer (DPO@esa.int) for quick reference of the Processing in question.

This Privacy Notice was last updated in 2023

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Introduction

The European Space Agency (herein the “Agency” or “ESA”) is an intergovernmental organisation established by its Convention opened for signature in Paris on 30 May 1975. The Protection of Personal Data is of great importance for ESA, which strives to ensure a high level of protection as required by the ESA Framework on Personal Data Protection (herein the “ESA PDP Framework”) which applies for processing of Personal Data at ESA, available at:

http://www.esa.int/About_Us/Law_at_ESA/Highlights_of_ESA_rules_and_regulations

The ESA PDP Framework applicable for the processing of Personal Data within ESA is composed of the following elements:

• the Principles of Personal Data Protection, as adopted by ESA Council Resolution (ESA/C/CCLXVIII/Res.2 (Final)) adopted on 13 June 2017;
• the Rules of Procedure for the Data Protection Supervisory Authority, as adopted by ESA Council Resolution (ESA/C/CCLXVIII/Res.2 (Final)) adopted on 13 June 2017; and
• the Policy on Personal Data Protection adopted by Director General of ESA on 5 February 2018 and effective on 1 March 2022

Scope of this Privacy Statement

This notice is intended to inform you about the processing of your personal data in ESA’s Open Space Innovation Platform (OSIP) and more specifically about:

• the identity of the Data Controller and contact details of the ESA Data Protection Officer (“DPO”);
• the type of personal data collected and processed;
• the modalities of collection of personal data;
• the purpose and legal basis of the collection and processing;
• the recipients to whom the personal data of the Data Subject is disclosed;
• the time-limits for storing the personal data;
• your rights and the modalities by which you can exercise them and the practical modalities of exercising your rights and those rights of other persons, when processed in this Processing Activity under the ESA PDP Framework.

Please be aware that all references to “Data” in this document if not otherwise stated relate to data by which an individual could be identified/ having an identifying character, broadly defined as Personal Data.

This notice furthermore enables ESA to obtain your consent relating to the collection and further processing of your personal data, under the ESA PDP Framework where relevant.

Description and the Purpose for this Processing of your Personal Data: What is this processing about?

ESA Processes Your Personal Data in order to:

• Provide you with access to and to enable the use of ESA’s Open Space Innovation Platform (OSIP) (https://ideas.esa.int);
• Manage your relationship with the Agency as well as your requests and applications in relation to OSIP;
• Enable your participation to the OSIP activities;;
• Send you notifications in connection with idea submissions;
• Evaluate submissions and eventually assess the suitability of your technical background or other personal data related assessments;
• Other purposes that will be disclosed to you when such information is requested;
• The information is used for authentication on the OSIP website, to enable interaction on the website with other users and ESA and to allow the management of Channels and Campaigns management.

Legal Basis: What is the legal basis for processing the personal data?

• 5.2.1 i. (a) PDP; The performance of an activity carried out by the Agency within its purpose and in the framework of, and in conformity with, the ESA Convention, the “Agreement between the States Parties to the Convention for the establishment of a European Space Agency and the European Space Agency for the protection and the exchange of classified information” done in Paris on 19 August 2002, and the applicable rules and procedures, including ESA Security Regulations and Directives; this includes Processing necessary for the Agency’s management and functioning, Dispute Resolution Procedure, and or Investigation Procedures;.
• 5.2.1 i. (d) PDP; Security
• 5.2.1 i. (g) PDP; A purpose covered by the Consent of the Data Subject.

Consent is collected via a dedicated form that requires acceptance before being able to access OSIP. In case of a change to this privacy notice, a renewed consent acceptance will be requested.

Data Controllers, Data Processors, other Recipients of Personal Data and their Contact Details: Who Processes what data in which capacity?

The following table lists all the involved companies, agencies or otherwise, where your personal data may be processed and all relevant information concerning their involvement in this activity.

Contact Details per involved entity:

Personal Data Retention and Deletion: How long are your personal data retained by ESA?

Your Personal Data is stored and processed based on the following timeframes: