TS and WGS data

DATA ACCESS AGREEMENT These terms and conditions govern access to the managed access dataset to which the User has requested access. If the access is granted by Institut Jules Bordet (or the Data Controller), the User agrees to be bound by the following terms and conditions. Definitions: Data means all and any human genetic data obtained from the study entitled “Characterization of stromal tumor-infiltrating lymphocytes and genomic alterations in metastatic lobular breast cancer”. User means a researcher who has received access to the Data and has agreed to be bound by this Data Access Agreement. User Institution means the organisation at which the User is employed, affiliated or enrolled. Publications means, without limitation, any articles or abstracts published in print journals, electronic journals, reviews, books, posters, websites and other written and verbal presentations of research. Research Project means the research project as describe. Terms and Conditions: In signing this Agreement: 1. You agree not to process the Data for any purpose other than to perform the Research Project described in your application. 2. You agree to process the Data in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation 2016/679, hereafter referred to as the “GDPR”) 3. You agree to preserve, at all times, the confidentiality of all information and Data. 4. You agree not to transfer or disclose the Data, in whole or part, or any identifiable material derived from the Data, to others, except as necessary for data/safety monitoring. Should You wish to share the Data with a third-party collaborator or subcontractor, the third-party must make a separate application for access to the Data. 5. If the User Institution gives access to the Data to its employees, You shall ensure such access, processing and provision of the Data shall take place only in accordance with the need-to-know principle. 6. You agree to use the Data for the approved purpose and Research Project described in your application and acknowledge that any further use of the Data for a new purpose or project will require a new application and approval. 7. You agree to acknowledge in any work or publication based in whole or part on the Data, the published paper from which the Data derive. 8. You understand and acknowledge that the Data is protected by copyright and other intellectual property rights, and that duplication, except as reasonably required to carry out your Research Project with the Data, or sale of all or part of the Data on any media is not permitted. 9. You recognize that nothing in this Agreement shall operate to transfer to the User Institution any intellectual property rights relating to the Data. 10. You accept that this Agreement will terminate immediately upon any breach of this Agreement by You and You will be required to destroy any Data held. 11. You understand that you will be held responsible for any damages resulting from failure to comply with the terms and conditions of this Agreement. 12. You agree not to transfer the Data to a country outside the European Economic Area unless expressly agreed. If Data processed under this Agreement is transferred from a country within the European Economic Area to a country outside European Economic Area for the purpose of the Research Project, You shall ensure that the Data are adequately protected. To achieve this, You shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of Personal Data. 13. You agree to implement appropriate technical and organizational measures to protect the Data against unauthorized or unlawful processing, loss, damage or destruction and to evaluate at regular intervals the adequacy of such security measures, amending these measures where necessary. 14. You understand that the Data Subjects (as defined by the GDPR) are entitled to exercise their rights under the GDPR and You agree to cooperate with Institut Jules Bordet and provide all requested information in case of a Data Subject’s request.