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Wiki source code of General Terms of Use

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2 Version: 1.1 (2021-10-03)
3 Download pdf: [[VRE General Terms of Use ver 1.1 2021-10-03.pdf>>attach:VRE General Terms of Use ver 1.1 2021-10-03.pdf]]
4 Also available at [[https:~~/~~/vre.charite.de>>https://vre.charite.de]]
5 {{/info}}
6
7 These General Terms of Use define the relationship between the Universitätsmedizin Charité Berlin (Charité) and you as you access and use the Virtual Research Environment (VRE). The use of the VRE implies that you accept these terms and conditions. Additional terms of use may apply to the use of specific VRE services.
8
9
10 **Contents**
11
12 {{toc start="2"/}}
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14
15
16 **Version History**
17
18 |=Version|=Description|=Approval|=Date (yyyy-mm-dd)
19 |1.0|Initial General Terms of Use|Petra Ritter|2021-07-19
20 |1.1|Added hyperlink to Data Processing Agreement (Section 4)|Petra Ritter|2021-10-03
21
22
23 ----
24
25 == 1. Scope ==
26
27 These terms govern any use of the VRE, including access to content, services, tools and products available in or through the VRE.
28
29
30 == 2. Glossary ==
31
32 * **Controller or Data Controller **means a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data (GDPR Art. 4(7))
33 * **GDPR **means the General Data Protection Regulation
34 * **Processor or Data Processor **means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller (GDPR Art. 4(8))
35 * **Pseudonymization **means the processing of User’s personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person (GDPR Art. 4(5))
36 * **Technical and Organizational Measures **means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
37 * **User Account Information **means Personal information about the User for the purpose of providing a User Account on the VRE.
38 * **User **means a user of the VRE.
39 * **User’s Data **means data processed by the User via the Services
40 * **User’s Personal Data **means the personal data contained within the User’s data.
41 * **Virtual Research Environment (VRE)** means the dedicated storage and computing platform provided by the Charité within its IT infrastructure to store and process personal data for research purposes
42 * **VRE Administrator **means an employee of the Charité or its contracted partners tasked with oversight, operations, and/or maintenance of the VRE.
43 * **VRE Core **means the data storage zone in which Users can store and process data that has been separated from the uploaded User’s Personal data stored in the Green Room.
44 * **VRE Green Room **means the data storage zone in which Users can upload and process User’s data to pseudonymize and/or limit exposure of potentially sensitive information to those not authorized to view that information.
45
46
47 == 3. Accessing the VRE ==
48
49 For additional information about how the VRE is accessed and used, please refer to the VRE Access Policy available at [[https:~~/~~/vre.charite.de>>https://vre.charite.de]].
50
51 === 3.1   VRE User Account ===
52
53 Access to the VRE requires a VRE user account consisting of a username and password. You certify that the details of your identity provided to the Charité in association with applying for a VRE user account are accurate.
54
55 You agree to keep details of your user account, including password, secret. Account credentials are not to be shared with anyone. You must inform Charité VRE support immediately if you suspect any unauthorized use of or access to your password or account ([[vre-support@charite.de>>mailto:vre-support@charite.de]]).
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57 Charité and its service providers will not be responsible if you or others suffer any harm or loss because you do not keep your account secure.
58
59 === 3.2   Personal information we collect ===
60
61
62 When you access or use the VRE, we may collect and process your personal User Account information. The type of information collected depends on the services you are accessing or using. The purposes for processing categories of personal data collected and the legal basis for processing can be found in the VRE Privacy Policy available at [[https:~~/~~/vre.charite.de>>https://vre.charite.de]].
63
64 === 3.3   VRE responsibilities ===
65
66 Charité and its service providers will take appropriate measures to ensure that the processing of your User Account information is done in a safe and secure manner and in accordance with applicable data protection law. All requests associated with your rights as a data subject related to user account information collected and processed in the VRE can be made to the Charité Data Protection Officer by emailing [[datenschutz@charite.de>>mailto:datenschutz@charite.de]].
67
68
69 == 4. Transferring Research Data to the VRE ==
70
71 The VRE allows you to transfer a copy of your research data for the purpose of storing and processing these data in the VRE. The data you transfer to the VRE will be associated with a VRE project. Other VRE users who have been authorized to access this project by a Project Administrator of the project will be able to access all or a subset of the data you transfer to the VRE, and all or a subset of data derived from the data you transfer to the VRE (e.g., the results of any processing conducted on the data you transfer to the VRE).
72
73 In transferring data to the VRE, you accept the following terms:
74
75 (% style="list-style-type:lower-alpha" %)
76 * You agree to use the VRE only for the purpose of conducting scientific research or browsing publicly available content for personal interest and not for any other purpose including, without limitation any commercial purpose, without prior written consent of the Charité.
77 * You have the legal authority to transfer and make available data in the VRE for dissemination and use within the VRE.
78 * The data that you transfer to the VRE were collected in compliance with GDPR as well as with ethical, scientific and/or industrial best practices and institutional guidelines.
79 * With respect to data on human subjects or participants, the data you upload to the VRE is limited to data that is necessary for and relevant to the specific purpose of data processing.
80 * You will follow and adhere to the [[Data Processing Agreement>>https://vre.charite.de/xwiki/wiki/vrepublic/view/Main/Privacy%20and%20Data%20Governance/Data%20Processing%20Agreement/]] with the Charité for the research project(s) of which you are a member.
81 * With respect to data on human subjects or participants, you will make best efforts to pseudonymize or anonymize such data before you transfer them to the VRE.
82 * If you are required and authorized to transfer identifiable data to the VRE, your will make best efforts to pseudonymize or anonymize the data within the VRE prior to further processing of these data in the VRE.
83 * You will make best efforts to ensure that data you transfer to the VRE does not contain viruses, worms, spyware, malware or any other similar malicious programs.
84 * You will not submit any information or materials into the VRE that infringe or are capable of infringing third party rights, are libellous, obscene, threatening or otherwise unlawful.
85 * You are solely and entirely responsible and liable for the data you transfer to the VRE. You are responsible for the confidentiality of any data processed, downloaded, or copied from the VRE. 
86
87 The VRE Access Review Committee may at its discretion review your compliance to these terms at any time. Non-compliant data may be removed from the VRE.
88
89
90 == 5. Accessing Data and Services on the VRE ==
91
92 === 5.1  Limitations of Use ===
93
94 In using the VRE, you may access the data you have transferred to the VRE, or data shared with you by other VRE users. You may also access VRE features, such as data processing tools, data visualization interfaces, and high performance computing resources.
95
96 In accessing such VRE data and features, you agree to the following terms.
97
98 (% style="list-style-type:lower-alpha" %)
99 * When accessing pseudonymized, anonymized or aggregated data on human subjects, you will not attempt to establish the identity of, or attempt to contact any of the data subjects, or perform any unlawful linkage of these data with any other information.
100 * You will not carry out any calculations, operations or transactions that may interrupt, destroy or restrict the functionality of the operation of the VRE or of any program, computer or means of telecommunications.
101 * You will not use the data for high-risk activities such as the operation of nuclear facilities, air traffic control, or life support systems, where the use or failure of VRE features could lead to death, personal injury, or environmental damage.
102 * You may not attempt to gain unauthorized access to VRE data or services, or to the underlying infrastructure, by any illegitimate means. You are required to promptly report any known or suspected illegitimate use or identified weakness to the VRE support team at [[vre-support@charite.de>>mailto:vre-support@charite.de]].
103 * You commit to comply with any additional rules and regulations imposed by your institution and your institutional review board in accessing and using data stored in the VRE.
104 * Charité and its service providers make no representations, warranties, or guarantees of any kind to the content or accuracy and quality of the data accessed in or through the VRE. Accessing and using data in the VRE is therefore at your own risk.
105 * Charité and its service providers offer no guarantees regarding reliability, functionality, or availability of VRE features. The VRE platform and/or its systems may be taken off-line at any time for maintenance, upgrades, or other purposes.
106
107 === 5.2 Licensing ===
108
109 Some data and software stored in or provided by the VRE may have explicit licensing conditions. You must follow the licensing conditions required by such data or software, including all restrictions on commercial use, requirements for attribution and requirements to share-alike.
110
111 === 5.3 Citation ===
112
113 If you use content or services from VRE to advance a scientific publication you must follow the applicable citation requirements listed in the data or software licence, or otherwise published by the data or software provider.
114
115
116 == 6. Intellectual Property ==
117
118 The content, organisation, graphics, design, compilation, magnetic recording, digital conversion and other matters related to the VRE are protected under applicable intellectual property rights (including but not limited to copyrights and trademarks) and other proprietary rights.
119
120 Subject to statutory allowances, extracts of material from the VRE may be accessed, downloaded and printed for your personal and non-commercial use except where specified by the licences attached to the VRE resources and services.
121
122
123 == 7. Other policies and conditions that may apply to you ==
124
125 Further VRE policies and conditions may apply to you and can be found at [[https:~~/~~/vre.charite.de/>>https://vre.charite.de/]].
126
127
128 == 8. Termination and Liability ==
129
130 The data and features available in the VRE are provided on an "as is" and "as available" basis. Please note that VRE features and content may contain bugs, viruses, errors, problems or other limitations. To the extent permitted by law, Charité and its service providers exclude any warranties (whether expressed or implied) for the VRE platform and data. This includes, but is not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose of the VRE or of any data stored in the VRE.
131
132 Data stored in the VRE may contain advice, opinions, statements or other information by various authors or entities. Reliance upon any such advice, opinion, statement, or other information is at your own risk.
133
134 Charité and its service providers disclaim, to the extent permitted by law, all liability and responsibility arising from any use of the VRE or of data stored in the VRE. In particular, but not as a limitation thereof, Charité and its service providers are not liable for any damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The acknowledgment of exclusion of liability is an essential condition for Charité and its service providers in granting access to the VRE and to data stored in the VRE. The VRE and its features and/or data stored in the VRE are provided to users with these limitations only.
135
136 Charité and its service providers reserve the right to discontinue at any time, temporarily or permanently, your ability to access the VRE as well as to transfer data to the VRE and/or access data stored in the VRE with or without notice, at its sole discretion and for any reason whatsoever.
137
138 Charité and its service providers also take no responsibility for any breach arising from non-compliance with these General Terms of Use by you.
139
140
141 == 9. Disputes and Disagreements ==
142
143 The substantive laws of Germany, excluding any conflict of law rules, shall apply to any dispute arising out of the access and use of the VRE pursuant to these General Terms of Use. The ordinary courts of Germany shall have exclusive jurisdiction, subject to appeal, if any.
144
145 This does not affect mandatory legal obligations applicable to you in your jurisdiction.
146
147
148 == 10. Contact Us ==
149
150 If you have any queries, comments, or concerns about these General Terms of Use, please contact [[vre-support@charite.de>>mailto:vre-support@charite.de]].
151
152
153
154 == 11. Imprint ==
155
156 The VRE is made available and operated by:
157
158
159 Charité - Universitätsmedizin Berlin
160 Charitéplatz 1, 10117 Berlin
161 Germany
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