Terms of Use

#Terms of Use for Data Providers

ARChive is an internet-based service for archiving and publishing research data from scientific studies and projects. ARChive is a DataPLANT service run by the computer centre of the University of Freiburg (hereinafter: RZ) as technical represantative. Using ARChive, researchers as contractor of DataPLANT (hereinafter: data providers) can compile research data into data packages, describe them with metadata and store them permanently with the aim of making these data publicly accessible.

#§1 Authorization to use ARChive

ARChive is used exclusively for archiving and publishing research data. Using the service for other purposes is not permitted.

All contractors of DataPLANT are authorized to upload research data to ARChive. External users can get access on request.

#§2 Licence and copyrights

For the duration of the statutory protection period, data providers grant DataPLANT the non-exclusive, worldwide, irrevocable licence to use the research data they have provided. This right of use includes, in particular, the reproduction, processing and public accessibility of the data packages uploaded. If required for long-term archiving or to ensure readability, the university is permitted to convert data packages into other formats.

How third parties use and get access to the research datasets provided depends on the terms of use chosen by the data providers. When uploading content to ARChive, the data providers can choose from different licence models. The data provider will be the contractual partner of the data user.

Data providers can set an embargo period after which the research data will be published. DataPLANT only makes uploaded data packages publicly accessible insofar as this is permitted by the licence and embargo periods selected by the data providers.

This regulation ensures that the rights of data providers to their research data are protected. In particular, they are free to republish or archive their data elsewhere and use it for further research projects.

DataPLANT is entitled to transfer rights of use to the operators of other research data repositories and to allow them to reproduce the work on their servers, to store it and to make it publicly accessible. Contractual provisions agreed with data providers must also be respected by third parties in this context. The university will inform the data providers as far as this is possible with reasonable effort.

The data providers and DataPLANT make metadata generated in ARChive for the description of the uploaded research data freely available under CC0 1.0 Universal Public Domain Dedication.

#§3 Obligations of the data providers

Data providers are responsible for the correctness of the uploaded research data. They have to ensure that scientific standards are met. The operator will not review the content or scientific information of the data and materials.

Data providers are obliged to cooperate in the prevention of dangers threatening ARChive, for example: keeping access data confidential, using secure passwords as well as complying with state-of-the-art protection measures on private end devices. They also have to immediately report any irregularities. If the data providers do not cooperate, the University of Freiburg may restrict their access to ARChive or, in serious cases, exclude them from using it altogether.

Illegal content - e.g. content glorifying violence, inciting racial hatred or including defamation - must not be posted on ARChive. It is the responsibility of the data providers to ensure that uploaded research data do not violate the applicable laws or confidentiality agreements.

The data providers also have to ensure that no third party rights are infringed by the publication or archiving of data uploaded to ARChive. In particular, data providers have to make sure that cooperation partners or other persons with legal positions related to the research data consent to a publication in ARChive or transfer the necessary rights.

Data providers are obliged to exempt DataPLANT from all claims for which they are responsible due to infringements of copyright, exploitation rights, trademark rights or other rights of third parties and to reimburse DataPLANT for any costs incurred as a result of such claims. Legal liability privileges, for example for university staff, remain unaffected.

If a claim is made against the university by a third party in connection with data uploaded to ARChive, data providers are obligated to support DataPLANT in defending against these claims. In particular, they have to hand over all information and evidence necessary for the defence against such claims without delay.

Data providers are responsible for notifying DataPLANT of any changes to the contact details provided.

#§4 Obligations and liability of the University of Freiburg

The DataPLANT reserves the right to reject datasets or other materials if there are doubts about their legal admissibility, or formal inadequacies exclude them from being archived or published.

Data providers have no legal claim to the use of certain software systems, components, versions or configurations in the operation of ARChive. DataPLANT makes and implements technical decisions taking into account legal rules and technical standards. This particularly applies to selecting operating systems as well as assessing the feasibility of new developments and measures for server security.

The DataPLANT ensures that ARChive works without interruptions as far as possible. If, however, it is necessary for technical or legal reasons, DataPLANT is entitled to interrupt access to ARChive or to individual data packets. In particular, the DataPLANT is authorized to block access to a data package and, if necessary, to delete it if there are indications of legal violations in connection with this data package. The DataPLANT will make every effort to give notice before deliberately interrupting access to or deleting data packets, but cannot guarantee this.

DataPLANT carries out regular data backups. The type and frequency are determined on the basis of common safety standards, taking into account economic criteria. In the event of data loss, the university endeavours to restore the last backed-up state of the system. However, there is no entitlement on the part of the data provider that a specific state of the uploaded data packages be restored.

The physical preservation of all uploaded datasets is guaranteed for at least ten years. Beyond that, DataPLANT does not assume any warranty. In particular, we cannot guarantee the permanent readability of file formats in ARChive.

The liability of DataPLANT for damages incurred by data providers in connection with the use of ARChive is limited to grossly negligent or intentional conduct. DataPLANT is not liable for damages or disadvantages caused by users or third parties.

#§5 Data protection

DataPLANT processes personal (meta) data collected in the context of uploading research data to ARChive in accordance with Article 6 para 1 lit. a, b and e GDPR. DataPLANT’s data protection policy applies in this regard.

Data providers are responsible for informing their co-authors or project partners about the data processing, insofar as they mention them by name in the metadata. To do so, we recommend forwarding them the data protection policy of DataPLANT.

#§6 Costs

DataPLANT provides ARChive for data providers on the base of fair-use. Needs for storage or digital object identifier (DOI) beyond usual quota require a separate agreement between data users and DataPLANT. Further specification are written down in a service description downloadable from the website of the RZ.

#§7 Deletion and legal succession

Generally, the deletion of datasets by data providers is not provided for. In justified exceptional cases (e.g. incorrect files, legal reasons), data can be withdrawn after consultation with DataPLANT. However, the corresponding metadata will continue to be publicly referenced and the DOI assigned to the dataset will continue to refer to the corresponding entry in ARChive, including a note that the data were withdrawn.

Datasets with a specified retention period are not deleted directly after the retention period has expired. Before this happens, messages are sent to the contact email address stored for the dataset. If the retention period is not to be extended or if there is no reaction from the data provider, the data will be offered to the university archive. If the archive rejects the transfer, the datasets will be deleted permanently.

In case of a legal succession to data packages, the data providers must inform DataPLANT and name the successors. If the legal succession is no longer clearly retraceable, especially in case of

(a) Death of the data provider or (b) Closure of the institute providing the data or (c) Non-traceability of the whereabouts of the data providers,

the DataPLANT holds the rights to the archived data packages in trust.

#Information for Data Users

ARChive is an internet-based service for archiving and publishing research data from scientific studies and projects. ARChive is a DataPLANT service run by the computer centre (RZ) of the University of Freiburg. Using ARChive, researchers as contractor of DataPLANT (hereinafter: data providers) can compile research data into data packages, describe them with metadata and store them permanently with the aim of making these data publicly accessible. The data providers are solely responsible for assessing the content and checking the quality of their data.

The legal relationship between data users and DataPLANT is limited to the download of data packages or metadata. The terms of use are based on the specifications of the data providers. DataPLANT reserves the right to restrict the use of ARChive or to discontinue the service altogether.

Not all data sets in ARChive are freely accessible. If data providers have reserved the rights, data users may be granted access upon request. In these cases, registration or legitimization via Shibboleth is a prerequisite.

Personal data of data users are only collected as far as this is necessary for the authentication process and the operation of ARChive. For more information, please see the data protection policy of DataPLANT.

DataPLANT assumes no warranty or liability that the research data provided are correct, up to date and reliable, except in the case of mandatory legal liability.

There is no charge for data users to research in ARChive and download data packages.

Data users are required to comply with the licence conditions for the respective data packages.