INMUNGEN_CoV2_phenotype_basic

The Policy is a reference for the use of data between the User Institution and the Data Producer. Additional requirements by the specific Data Producer may apply.

1. The User Institution agrees to only use these Data for the purpose of the Project (described in the application) and only for Research Purposes. The User Institution further agrees that it will only use these Data for Research Purposes which are within the limitations (if any) set out in the application. 2. The User Institution agrees to preserve, at all times, the confidentiality of these Data according to the standards of the General Data Protection Regulation (EU) 2016/679. In particular, it undertakes not to use, or attempt to use these Data to compromise or otherwise infringe the confidentiality of information on Research Participants. Without prejudice to the generality of the foregoing, the User Institution agrees to use at least the applicable technical and organizational measures as much as reasonably possible. 3. The User Institution agrees to protect the confidentiality of Research Participants in any research papers or publications that they prepare by taking all reasonable care to limit the possibility of identification. 4. The User Institution agrees not to link or combine these Data to other information or archived data available in a way that could re-identify the Research Participants, even if access to that data has been formally granted to the User Institution or is freely available without restriction. 5. The User Institution agrees only to transfer or disclose these Data, in whole or part, or any material derived from these Data, to the Authorised Personnel of the User Institution. Should the User Institution wish to share these Data with an External Collaborator, the External Collaborator must complete a separate application for access to these Data. 6. The User Institution agrees that the Data Producers, and all other parties involved in the creation, funding or protection of these Data: a) make no warranty or representation, express or implied as to the accuracy, quality or comprehensiveness of these Data; b) exclude to the fullest extent permitted by law all liability for actions, claims, proceedings, demands, losses (including but not limited to loss of profit), costs, awards damages and payments made by the Recipient that may arise (whether directly or indirectly) in any way whatsoever from the Recipient’s use of these Data or from the unavailability of, or break in access to, these Data for whatever reason and; c) bear no responsibility for the further analysis or interpretation of these Data. 7. The User Institution agrees to provide Provider with a copy of any proposed Publication of research conducted using the Data at least thirty (30) days prior to submission for publication. If the Data Producer does not respond to Recipient by the end of the thirty (30) day period, Recipient will be free to present or publish the information. If the Data Producer responds to Recipient within the thirty (30) day period and identifies Data that the Producer wishes to maintain confidential or patentable subject matter of the Producer in the Publication, Recipient shall, in accordance with the instructions of the Data Producer, remove such Data or patentable subject matter from the Publication and/or delay publication for an additional sixty (60) days to allow the Data Producer an opportunity to file patent applications. 8. The User Institution agrees that any Publication made pursuant to this Data access shall be made in accordance with the custom of scientific research and shall acknowledge the contribution of the Data Producers as appropriate. The User Institution must ensure that any publications including the Data are made in accordance with the Data Protection Laws and the provisions of this policy. Alternatively, the User Institution agrees to follow the Fort Lauderdale Guidelines (http://www.wellcome.ac.uk/stellent/groups/corporatesite/@policy_communications/documents/web_document/wtd003207.pdf ) and the Toronto Statement (http://www.nature.com/nature/journal/v461/n7261/full/461168a.html). This includes but is not limited to recognising the contribution of the Data Producers and including a proper acknowledgement in all reports or publications resulting from the use of these Data. 9. The User Institution agrees not to make intellectual property claims on these Data and not to use intellectual property protection in ways that would prevent or block access to, or use of, any element of these Data, or conclusion drawn directly from these Data. 10. The User Institution shall not make any intellectual property claim on the data. Results, except inventions, derived from the data shall belong to the User Institution. The Data Producer shall hereby be granted a royalty-free, perpetual, irrevocable, non-transferrable, world-wide right to use the results in its internal, non-commercial research and teaching activities. Recipient shall promptly notify Provider in writing within thirty (30) days of any Inventions. The Parties agree to negotiate in good faith on the ownership of and possible access rights to Inventions 11. The User Institution agrees to destroy/discard the Data held, once it is no longer used for the Project, unless obliged to retain the data for archival purposes in conformity with audit or legal requirements. 12. The User Institution will notify the Data Producer within 30 days of any changes or departures of Authorised Personnel. 13. The User Institution will notify the Data Producer prior to any significant changes to the protocol for the Project. 14. The User Institution will notify Data Producer as soon as it becomes aware of a breach of the terms or conditions of this agreement. 15. Data Producer may terminate this agreement by written notice to the User Institution. If this agreement terminates for any reason, the User Institution will be required to destroy any Data held, including copies and backup copies. This clause does not prevent the User Institution from retaining these data for archival purpose in conformity with audit or legal requirements. 16. The User Institution accepts that it may be necessary for the Data Producers to alter the terms of this policy from time to time. In the event that changes are required, the Data Producers or their appointed agent will contact the User Institution to inform it of the changes and the User Institution may elect to accept the changes or terminate the agreement. 17. If requested, the User Institution will allow data security and management documentation to be inspected to verify that it is complying with the terms of this agreement. 18. The User Institution agrees to distribute a copy of these terms to the Authorised Personnel. The User Institution will procure that the Authorised Personnel comply with the terms of this agreement. 19. This agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of this agreement or its formation) shall be construed, interpreted and governed by the laws of Finland and shall be subject to the exclusive jurisdiction of the Finnish courts.