IESE Platform terms of use

The user of this platform (The Researcher, from now on), by the use of it agrees with the following terms and conditions:

AGREE THAT

A.- Commitments to the chair:

The Researcher platform commits to the following:

a.1.- Make reference to IESE Centre for Data Insights (The Platform) and the Intent HQ chair as a source of the data and technology platform used in the analysis and execution of the study, and the data source (i.e Fintonic) or sources (i.e Fintonic, GrupoNext, Atresmedia) used in it by including the following: “This study has been performed by the analysis of consumer data from these sources: [Data Source1], [Data Source2], [Data Source3],[Data Source4] . The data and processing capabilities were sourced by IESE Intent HQ Chair’s Data Platform (IESE Centre for Data Insights)” .

Following an example, using Fintonic, GrupoNext and Atresmedia as data sources:

“This study has been performed by the analysis of consumer data from these sources: Fintonic, GrupoNext and Atresmedia. The data and processing capabilities were sourced by IESE Intent HQ Chair’s Data Platform (IESE Centre for Data Insights)” .

a.2.- Write and share with the Chair a comprehensive summary (The Summary) of the study valid to be published in non academic media: industry specific or general purpose/audience. The summary has to include references to the data sources and the IESE Intent HQ Chair’s Data Platform.

a.3.- By the acceptance of the agreement, The Researcher accepts in favour of the Intent HQ Chair and the data contributors (companies that provided the sources of data used for the study) a right to use the research studies, its outputs and The Summary generated for internal use and content generation.

a.4.- The Researcher commits to keep the Representatives of the Intent HQ Chair up to date with the development of new studies, and its publications and to be completely transparent on the use of the data requested in The Platform.

B. - Confidentiality of the data and the platform:

b.1.- The Researcher commits to use the data requested in and provided by The Platform for the sole purpose of the research study it has been requested for.

b.2.- The Researcher commits not to extract or and share by any means (download, dump, screen shoot, copy, etc) the data sets provided by The Platform.

b.3.- The Platform Access Credentials are for individual use and non-transferable. The Researcher commits not to share her/his Access Credentials with third parties.

b.4.- Any breaches in the security identified by The Researcher, to be notified immediately to the Chair.

b.5.- By no means the researcher will try to use different data sets that will lead to USER REIDENTIFICATION, hence breaching the regulations stated by GDPR. Any breaches in the GDPR identified by The Researcher, to be notified immediately to the Chair.

b.6.- The Researcher commits to maintaining in strict confidentiality any information, which is not found in any of the situations listed in the following section 2 and to which he or she has access in the course of his or her use of The Platform (hereinafter, “Confidential Information”), in order to maintain and protect its confidential nature.

b.7.- The information will not be considered Confidential Information if: (a) it is in the public domain at the date of this Agreement or entered into the public domain later, and to that end, provided that in the latter case this circumstance has not occurred as a result of an infringement – direct or indirect – of the obligations and duties of confidentiality foreseen in this Agreement; or (b) if The Researcher previously obtained the information from a source not related to IESE, without restrictions related to its use and without any infringements of confidentiality obligations, provided that the circumstance can be justified sufficiently and this has been demonstrated to IESE.

Any combination of information will not be considered within the exceptions contained in letters a) and b) in the previous paragraph for the mere fact that this information, or part of it, are in the public domain or in the possession of The Researcher. Only if the entire combination of information is contained in one of the two previous exceptions will it be considered that this combination is not Confidential Information. The burden of proof that information should not be considered Confidential Information will rest with the Collaborator.

b.8.- The obligations and duties of confidentiality above shall not apply to Confidential Information that should be disclosed pursuant to mandatory statutory provisions or a judgment or order of a court or administration mandatory. The Researcher shall limit disclosure solely to Confidential Information that was required by law or by the competent body. Except as regards the disclosure, the information will remain Confidential Information and, therefore, The Researcher shall continue to meet about all his or her duties and obligations contained in this Agreement.

b.9.- The Researcher will destroy and / or return all Confidential Information to IESE at first request. In any case, the destruction or return of the Confidential Information shall not relieve The Researcher of performing the duties and obligations assumed under this Agreement, nor relieve the individual of responsibilities that may be incurred a result of noncompliance.

b.10.- The Researcher will be liable for damages of any kind caused to IESE or to third parties arising directly or indirectly, from the failure to comply with all or any of the obligations and duties assumed in this Agreement.

b.11.- The obligations in this Agreement shall be effective during the term of the use of The Platform by The Researcher and shall remain in force as long as the data, analyses and insights generated from the use of The Platform are part of the research study published by The Researcher.

b.12.- The use of this platform is free of charge for The Researcher. The Platform could change this situation to licensing fee or charge the Researcher for the use of the data. In this case, The Researcher will be notified in advance by written notice to the email address provided in the registration and login. In the event that this status changes from Free Use to Licensed or Paid Use, this new status will not affect projects already initiated and registered by The Researcher in The Platform.

b.13.- This Agreement is governed by Spanish law.

b.14.- Any disputes arising from this agreement shall be submitted to the jurisdiction of the courts and tribunals of the city of Barcelona, waiving any other corresponding jurisdiction.

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