Common use of Limited Data Set/Data Use Provisions Clause in Contracts

Limited Data Set/Data Use Provisions. (a) The User acknowledges that the Data is the property of HMS and its clients, not DHCRC, and is made available to the User through DHCRC subject to specific requirements, restrictions, and permissions. (b) Responsibilities of Limited Data Set Recipient/Custodian. The User, either as a recipient or custodian of, or person with access to a Limited Data Set, agrees to: (1) Use appropriate safeguards to prevent use or disclosure of the Limited Data Set other than as permitted by this DUA or required by law; (2) Report to DHCRC and HMS any use or disclosure of the Limited Data Set of which it becomes aware that is not permitted by this DUA or required by law (including the presence of prohibited identifiers in the Limited Data Set), in accordance with the Breach notification and reporting provisions contained in this DUA or as otherwise Required by Law; (3) Require any of its subcontractors or agents that receive or have access to the Limited Data Set (subject to appropriate consents, as set forth below) to agree to the same restrictions and conditions on the use and/or disclosure of the Limited Data Set that apply to the User under this DUA; and (4) Not use the information in the Limited Data Set, alone or in combination to identify or contact the individuals who are data subjects. (c) Intellectual property in the Data and any information relating to the Data will remain vested in HMS (and/or its clients). (d) The User is granted a non-exclusive, limited, royalty-free, worldwide licence to use the Data for the purposes of the Project only. (e) IP arising from the Project (‘Project IP’) will be owned by the User. The User may use the Project IP for Academic and Non-commercial Research Purposes only. Other Utilisation will be agreed between the Parties. (f) The User accepts all responsibility for ensuring that the Data provided to it under this Agreement suits the purpose for which it will be used. DHCRC and HMS accept no liability or responsibility for the Data not meeting the suitability requirements of the User. (g) The Data will be accessed and used only by the Researchers who have agreed to comply with this DUA. The use of screen scraping, screen imaging, or any other technology used to extract, download, copy, or move any data from the HMS Amazon Web Services portal that houses the Limited Data Set used in this Project is prohibited. The Researchers will not further distribute the Data to any other parties or transfer the Data to another institution or organisation without the express written consent of DHCRC and HMS (via DHCRC). (h) The User is responsible for obtaining any necessary ethics approvals prior to commencing any research using the Data and warrants to DHCRC that it will not undertake any research requiring ethics approval using the Data prior to obtaining the necessary approvals. (i) In using the Data, the User must comply with any applicable laws. (j) The User agrees to inform DHCRC of the results of the research using the Data. The User further agrees to: a. on request, provide DHCRC (which may in turn provide HMS) with a copy of any publication containing results obtained in the course of the research using the Data; and b. acknowledge HMS and DHCRC as the providers of the Data in any publication or presentation of such results. (k) The Parties acknowledge that the dissemination of knowledge is an important function of DHCRC. The User may publish the Project IP provided that it first complies with the requirements of this clause. If any proposed publication contains a reference to Project IP or the Data or may put a Party or HMS at a competitive disadvantage, the User must first seek the written consent of DHCRC and HMS (via DHCRC) to such publication. Such consent may not be unreasonably withheld by DHCRC or HMS provided that User agrees that where publication will prejudice a Party’s or HMS’ Utilisation rights to such Party IP, put a Party or HMS at a competitive disadvantage or when necessary to protect Confidential Information or IP of a Party or HMS, such refusal is reasonable. DHCRC and HMS (via DHCRC) must each advise the User within 30 days of receipt of a proposed publication if it objects to that publication. (l) DHCRC and HMS make no representations and extend no warranties of any kind, either expressed or implied. There are no express or implied warranties of merchantability or fitness for a particular purpose, or that the use of the Data will not infringe any patent, copyright, trademark, or other proprietary rights. (m) Preparation of the Limited Data Set. From time to time, DHCRC will furnish to the User access to a Limited Data Set that has been prepared by HMS for use and disclosure in accordance with this DUA and the HIPAA Rules. DHCRC will require any User, Researcher, Project Team member, or of its subcontractors or agents that receive or have access to the Limited Data Set to agree to the same restrictions and conditions on the use and/or disclosure of the Limited Data Set that apply under this DUA. The User will not further disclose the Limited Data Set except as approved in writing by DHCRC and HMS (via DHCRC). a. The User agrees that any Limited Data Set that it receives under this DUA will comply with the requirements of a Limited Data Set under the HIPAA Rules, and will not include any of the following “Prohibited Identifiers”: names; street address information (other than town, cities, states and zip codes); telephone and fax numbers; email addresses, URLs and IP addresses; social security numbers; medical record numbers; health plan beneficiary numbers or account numbers; certificate and license numbers; vehicle identification numbers; device identifiers and serial numbers; biometric identifiers (such as voice and fingerprints); and full face photographs or comparable images.

Limited Data Set/Data Use Provisions. (a) The User acknowledges that the Data is the property of HMS and its clientsHMS, not DHCRC, and is made available to the User through DHCRC subject as a service to specific requirements, restrictions, and permissionsthe research community. (b) Responsibilities of Limited Data Set Recipient/Custodian. The User, either as a recipient or custodian of, or person with access to a Limited Data Set, agrees to: (1) Use appropriate safeguards to prevent use or disclosure of the Limited Data Set other than as permitted by this DUA or required by law; (2) Report to DHCRC and HMS any use or disclosure of the Limited Data Set of which it becomes aware that is not permitted by this DUA or required by law (including the presence of prohibited identifiers in the Limited Data Set), in accordance with the Breach notification and reporting provisions contained in this DUA or as otherwise Required by Law; (3) Require any of its subcontractors or agents that receive or have access to the Limited Data Set (subject to appropriate consents, as set forth below) to agree to the same restrictions and conditions on the use and/or disclosure of the Limited Data Set that apply to the User under this DUA; and (4) Not use the information in the Limited Data Set, alone or in combination to identify or contact the individuals who are data subjects. (c) Intellectual property in the Data and any information relating to the Data will remain vested in HMS (and/or its clients). (d) The User is granted a non-exclusive, limited, royalty-free, worldwide licence to use the Data for the purposes of the Project only. (e) IP arising from the Project (‘Project IP’) will be owned by the User. The User may use the Project IP for Academic and Non-commercial Research Purposes only. Other Utilisation will be agreed between the Parties. (f) The User accepts all responsibility for ensuring that the Data provided to it under this Agreement suits the purpose for which it will be used. DHCRC and HMS accept no liability or responsibility for the Data not meeting the suitability requirements of the User. (g) The Data will be accessed and used only by the Researchers who have agreed to comply with this DUA. The use of screen scraping, screen imaging, or any other technology used to extract, download, copy, or move any data from the HMS Amazon Web Services portal that houses the Limited Data Set used in this Project is prohibited. The Researchers will not further distribute the Data to any other parties or transfer the Data to another institution or organisation without the express written consent of DHCRC and HMS (via DHCRC). (h) The User is responsible for obtaining any necessary ethics approvals prior to commencing any research using the Data and warrants to DHCRC that it will not undertake any research requiring ethics approval using the Data prior to obtaining the necessary approvals. (i) In using the Data, the User must comply with any applicable laws. (j) The User agrees to inform DHCRC of the results of the research using the Data. The User further agrees to: a. on request, provide DHCRC (which may in turn provide HMS) with a copy of any publication containing results obtained in the course of the research using the Data; and b. acknowledge HMS and DHCRC as the providers of the Data in any publication or presentation of such results. (k) The Parties acknowledge that the dissemination of knowledge is an important function of DHCRC. The User may publish the Project IP provided that it first complies with the requirements of this clause. If any proposed publication contains a reference to Project IP or the Data or may put a Party or HMS at a competitive disadvantage, the User must first seek the written consent of DHCRC and HMS (via DHCRC) to such publication. Such consent may not be unreasonably withheld by DHCRC or HMS provided that User agrees that where publication will prejudice a Party’s or HMS’ Utilisation rights to such Party IP, put a Party or HMS at a competitive disadvantage or when necessary to protect Confidential Information or IP of a Party or HMS, such refusal is reasonable. .. DHCRC and HMS (via DHCRC) must each advise the User within 30 days of receipt of a proposed publication if it objects to that publication. (l) DHCRC and HMS make no representations and extend no warranties of any kind, either expressed or implied. There are no express or implied warranties of merchantability or fitness for a particular purpose, or that the use of the Data will not infringe any patent, copyright, trademark, or other proprietary rights. (m) Preparation of the Limited Data Set. From time to time, DHCRC will prepare and furnish to the User access to a Limited Data Set that has been prepared by HMS for use and disclosure in accordance with this DUA and the HIPAA Rules. DHCRC will require any User, Researcher, Project Team member, or of its subcontractors or agents that receive or have access to the Limited Data Set to agree to the same restrictions and conditions on the use and/or disclosure of the Limited Data Set that apply under this DUA. The User will not further disclose the create a Limited Data Set except as approved in writing by DHCRC and HMS (via DHCRC). a. (n) The User agrees that any Limited Data Set that it receives creates under this DUA will include the data fields specified by the Parties from time to time, which will be the minimum necessary to accomplish the purposes set forth in this DUA, and will comply with the requirements of a Limited Data Set under the HIPAA Rules, and will must not include any of the following “Prohibited Identifiers”: namesNames; street postal address information (other than town, cities, states and zip codes); telephone and fax numbers); email addresses, URLs and IP addresses; social security numbers; medical record numbers; health plan beneficiary numbers or account numbers; certificate and license numbers; vehicle identification numbers; device identifiers and serial numbers; biometric identifiers (such as voice and fingerprints); and full face photographs or comparable images. (o) The User, either as a recipient or custodian of a Limited Data Set, agrees to: