Spatial transcriptome sequence data from prostate cancer needle biopsies

Data Access Agreement

Data Access Agreement The terms and conditions stipulated below govern access to the controlled access data to which the Data Recipient has requested access for the purposes of the Research Project. Terms and conditions 1. You, the Data Recipient, agree to only use the Data for the Purpose of the Research Project described and only for purposes which are within the Data Use Limitations. 2. You agree to only use the Data in accordance with all applicable Swedish legislation, rules, regulations, guidelines and ethical requirements, such as but not limited to GDPR and Swedish data protection laws. 3. You agree to preserve, at all times, the confidentiality of information and Data pertaining to Data Subjects. You agree not to use or attempt to use the Data to compromise or otherwise infringe the confidentiality of information on Data Subjects and their right to privacy. 4. You agree not to attempt to identify Data Subjects. 5. You and your Authorised Personnel agree to take into consideration any usage restrictions, stemming from consent, i.e. the appropriate lawful basis for processing the Data, as well as any usage restrictions stemming from any applicable internal policies of your Institution. 6. You agree that in handling the Data You will follow an up-to-date information technology (IT) policy that must include, at a minimum, the following protective measures: a. Logging and auditing of Access to the Data and to the computer network; b. Strong password protection to Access computer network; c. Strong password protection and screen locks, set to lock after maximum five (5) minutes of inactivity to Access personal computers, workstations, laptops, smartphones and other portable devices; d. Virus and malware protection to computers on the computer network; e. Secure backup procedure; f. The Data shall be stored protected by strong encryption and preferably in the original encrypted form from EGA; g. The Data shall only be decrypted when necessary for the performance of the Research Project; h. Any decrypted files, including additional copies, any computer records or files containing Data that have been created by the Your automatic archiving and back-up procedures shall be deleted at the end of the Research Project; i. The Data shall not be accessed outside Your Institution’s network, using unauthorised devices, including personal devices, via mobile or wireless devices, or devices on networks with wireless access points; j. The Data shall not be stored on any portable device (laptop, smartphone, etc.) unless absolutely necessary and always strongly encrypted; k. Data written to removable storage media shall be automatically encrypted without Your intervention; 7. You acknowledge that Access to the Data is granted for the duration of the Research Project. Any use of the Data for another Research Project will need to be approved under a new Agreement. 8. You recognize that nothing in this Agreement shall operate to transfer to You any intellectual property rights to the Data. 9. You agree not to make intellectual property claims on the Data and not to use intellectual property protection in ways that would prevent or block Access to, or use of, any element of the Data. 10. You can elect to perform further Research that would add intellectual and resource capital to the Data, and decide to obtain intellectual property rights on these downstream discoveries. In this case, You agree to implement licensing policies that will not obstruct further research and to follow the applicable laws of the Data Controller(s). 11. You agree that the Research Project 1) bears no legal responsibility for the accuracy or comprehensiveness of the Data; 2) accepts no liability for indirect, consequential, or incidental damages or losses arising from use of the Data; and 3) bears no responsibility for the further analysis or interpretation of these Data over and above that published by the Controller(s). 12. You agree to hold the Data Subject(s) and Data Controller(s) harmless and to defend and indemnify all these parties against all liabilities, demands, damages, expenses, and losses arising out of Your use for any purpose of the Data. 13. You agree to acknowledge the contribution of the Data Controller(s) in all oral and written presentations, disclosures, and Publications resulting from all analyses of the Data. 14. You agree to use the Data in Your laboratory. Any Authorised Personnel shall work under Your direct supervision. You agree to distribute a copy of these terms to the Authorised Personnel. 15. You agree to only transfer or disclose the Data, in whole or part, or any material derived from these Data, to the Authorised Personnel. 16. You may not transfer the Data itself to anyone outside Your Institution, unless the Controller(s) has (have) approved such transfer and its terms in writing. 17. Should You wish to share the Data with an External Collaborator, the External Collaborator must complete a separate Data Access Agreement. 18. You shall ensure that all who have Access to the Data, namely You and Your Authorised Personnel, will be listed out, and are made aware and be bound by the terms of this Agreement. You remain solely and fully responsible for Your Authorised Personnel’s non-compliance with the provision of the Agreement and/or applicable laws. 19. In case of a breach of security resulting from ‘accidental’ use of Data by You and Your Authorised Personnel, which leads to disclosure of Data, You must report this to Data Controller(s) within 72 hours maximum, and follow any relevant rule as provided by the GDPR. 20. In case of a breach of the terms or conditions of this agreement by You and Your Authorised Personnel, You must notify Data Controller(s) as soon as You become aware of the breach. 21. You accept that this Agreement will terminate immediately upon any breach by You, or its termination. 22. You agree to destroy/discard the Data held, once it is no longer used for the Research Project, unless obliged to retain the data for archival purposes in conformity with audit or legal requirements. 23. You agree to destroy/discard the Data held, including copies and backup copies, when this agreement terminates for any reason. This clause does not prevent You from retaining the Data for archival purpose in conformity with audit or legal requirements. 24. You endeavour to settle any dispute with the Data Controller(s) amicably. If you are unable to reach an Agreement, you will meet and negotiate in good faith in an effort to resolve the issue. If the issue has not been resolved within a reasonable period (e.g. 30 calendar days), you are both entitled to submit it for resolution by an arbitrator. The award of the arbitration will be final and binding upon the parties concerned. 25. Further, the language of the proceedings will be ‘English’ if not otherwise agreed. 26. This Agreement (and any dispute, controversy, proceedings, or claim of whatever nature arising out of it or its formation) shall be interpreted, governed by and construed in accordance with the Laws of Sweden, and shall be subject to the exclusive jurisdiction of the Swedish courts of law. Data Use Ontology (DUO) DUO:0000006 (health/medical/biomedical research and clinical care) DUO:0000018 (not-for-profit use only) DUO:0000021 (ethic approval required)