Terms of Use

KonDATA is an internet-based service for archiving and publishing research data from scientific studies and projects. KonDATA is a University of Konstanz service run by the university's Communication, Information, Media Centre (hereinafter: KIM). Using KonDATA, University of Konstanz researchers (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 KonDATA

1. KonDATA is used exclusively for archiving and publishing research data. Using the service for other purposes is not permitted.
2. All members of the University of Konstanz are authorized to upload research data to KonDATA. External users can get access on request.

§ 2 Licence and copyrights

1. For the duration of the statutory protection period, data providers grant the University of Konstanz 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.
2. 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 KonDATA, the data providers can choose from different licence models. The data provider will be the contractual partner of the data user.
3. Data providers can set an embargo period after which the research data will be published. The University of Konstanz only makes uploaded data packages publicly accessible insofar as this is permitted by the licence and embargo periods selected by the data providers.
4. 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.
5. The University of Konstanz 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.
6. The data providers and the University of Konstanz make metadata generated in KonDATA for the description of the uploaded research data freely available under CC0 1.0 Universal Public Domain Dedication.

§ 3 Obligations of the data providers

1. 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.
2. Data providers are obliged to cooperate in the prevention of dangers threatening KonDATA, 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 Konstanz may restrict their access to KonDATA or, in serious cases, exclude them from using it altogether.
3. Illegal content - e.g. content glorifying violence, inciting racial hatred or including defamation - must not be posted on KonDATA. It is the responsibility of the data providers to ensure that uploaded research data do not violate the applicable laws or confidentiality agreements.
4. The data providers also have to ensure that no third party rights are infringed by the publication or archiving of data uploaded to KonDATA. 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 KonDATA or transfer the necessary rights.
5. Data providers are obliged to exempt the university 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 the university for any costs incurred as a result of such claims. Legal liability privileges, for example for university staff, remain unaffected.
6. If a claim is made against the university by a third party in connection with data uploaded to KonDATA, data providers are obligated to support the university 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.
7. Data providers are responsible for notifying the University of Konstanz of any changes to the contact details provided.
8. Data providers are obliged to ensure and explain to KonDATA employees that the publication of research data complies with the provisions of the European Union's General Data Protection Regulation (Datenschutz-Grundverordnung der Europäischen Union). In case of doubt, KonDATA employees reserve the right not to publish research data containing personal and sensitive data until the data providers have submitted a declaration of non-objection from the University of Konstanz's department of legal affairs.

§ 4 Obligations and liability of the University of Konstanz

1. The University of Konstanz 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.
2. Data providers have no legal claim to the use of certain software systems, components, versions or configurations in the operation of KonDATA. The University of Konstanz 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.
3. The University of Konstanz ensures that KonDATA works without interruptions as far as possible. If, however, it is necessary for technical or legal reasons, the university is entitled to interrupt access to KonDATA or to individual data packets. In particular, the University of Konstanz 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 University of Konstanz will make every effort to give notice before deliberately interrupting access to or deleting data packets, but cannot guarantee this.
4. The University of Konstanz 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.
5. The physical preservation of all uploaded datasets is guaranteed for at least ten years. Beyond that, the university does not assume any warranty. In particular, we cannot guarantee the permanent readability of file formats in KonDATA.
6. The liability of the University of Konstanz for damages incurred by data providers in connection with the use of KonDATA is limited to grossly negligent or intentional conduct. The university is not liable for damages or disadvantages caused by users or third parties.

§ 5 Data protection

1. The University of Konstanz processes personal (meta) data collected in the context of uploading research data to KonDATA in accordance with Article 6 para 1 lit. a, b and e GDPR. The University of Konstanz's data protection policy applies in this regard.
2. 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 the University of Konstanz.

§ 6 Costs

1. The University of Konstanz does not charge data providers for the use of KonDATA.

§ 7 Deletion and legal succession

1. 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 the KIM at the University of Konstanz. 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 KonDATA, including a note that the data were withdrawn.
2. 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.
3. In case of a legal succession to data packages, the data providers must inform the KIM at the University of Konstanz 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 University of Konstanz holds the rights to the archived data packages in trust.

05.11.2021

KonDATA is an internet-based service for archiving and publishing research data from scientific studies and projects. KonDATA is a University of Konstanz service run by the university's Communication, Information, Media Centre (KIM). Using KonDATA, University of Konstanz researchers (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.

1. The legal relationship between data users and the University of Konstanz is limited to the download of data packages or metadata. The terms of use are based on the specifications of the data providers. The university reserves the right to restrict the use of KonDATA or to discontinue the service altogether.
2. Not all data sets in KonDATA 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.
3. Personal data of data users are only collected as far as this is necessary for the authentication process and the operation of KonDATA. For more information, please see the data protection policy of the University of Konstanz.
4. The University of Konstanz 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.
5. There is no charge for data users to research in KonDATA and download data packages.
6. Data users are required to comply with the licence conditions for the respective data packages.

05.11.2021

Data protection information
^{for KonDATA services}

I.       Name and contact details of the data protection officer (Article 37 EU General Data Protection Regulation (GDPR))

The university’s data protection officer (Article 37 EU General Data Protection Regulation (GDPR)) is:

DDSK GmbH
Michael Lecheler 
Email: datenschutzbeauftragter@uni-konstanz.de

Website: Data protection officer

II.         Name and address of the controller

The controller as per the General Data Protection Regulation (GDPR), other national data protection laws of the member states as well as additional data protection regulations is the:

University of Konstanz
represented by its rector Professor Katharina Holzinger
Universitaetsstrasse 10
78464 Konstanz
GERMANY
Phone: +49 7531 88-0
Email: kondata@uni-konstanz.de

III.         Providing access to KonDATA services and creation of log files

1.        Description and scope of data processing

Every time a user accesses the KonDATA website, a file or other resource, data related to this process is collected as per the general data protection information on the University of Konstanz website: https://www.uni-konstanz.de/en/university/general-information/information-on-data-protection/. In addition to this information, KonDATA collects the following data:

• When you log into KonDATA: User name or email address
• Searches performed (if applicable)

The service's administrators have access to this personal information.

When you publish research data, the following information (hereinafter "metadata") will be stored and published about the data provider and (if applicable) other persons involved in creating the research data:

• Full name
• The organization these persons belong to
• ORCID ID (optional)

The research data published may contain personal information.

2.        Legal basis

The legal basis for storing logfiles is Art. 6 paragraph 1. point (e) in connection with paragraph 3 GDPR in connection with § 4 Landesdatenschutzgesetz BW (LDSG) in the version that entered into force on 6 June 2018.

The legal basis for storing metadata is Art. 6 paragraph 1 point (b) GDPR (contract fulfilment of the KonDATA user agreement), Art. 6 paragraph 1 point (e) GDPR in connection with §§ 13, 14 LDSG and § 28 section 2 Landeshochschulgesetz (LHG).

The legal basis for storing personal information in the published data is Art. 6 paragraph 1 points (a), (b) and (e) GDPR. If the respective persons have given their consent to data processing, the data provider must document this fact.

3.        Reasons for data processing

The stated data are used to ensure the operation of the research data repository. They are also used to identify, locate and solve disruptions or errors in the systems required to operate KonDATA (including disruptions or errors that lead to the restricted availability of information and communication services or allow unauthorized access to the systems).

4.        Storage duration

Generally, the deletion of datasets by data providers is not provided for. In justified exceptional cases (e.g. incorrect files, legal problems), data can be withdrawn after consultation with the Communication, Information, Media Centre (KIM) at the University of Konstanz. Datasets with a specified retention period are not deleted directly after the retention period has expired. Before this happens, a message is 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. 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 KonDATA, including a note that the dataset has been withdrawn.

The personal data stored in the logfiles (IP addresses, websites visited, searches performed, identifying data for the browsers and operating systems used) will be deleted after seven days. Afterwards an attribution of remaining information to any specific person is no longer possible.

The anonymized information is used for statistical purposes in order to continually improve the quality of the web services provided.

IV.         Using cookies

When a page is visited, the browser will save a so-called “session cookie” to the end device in use. KonDATA and the software used for its services only use cookies that are required for the technical functioning of the programme, and these cookies will be deleted (at the very latest) when the browser is closed. The “session cookies” do not contain personal information. It is not intended nor possible to use the session ID to identify a user. The temporary logging of these cookies can be disabled by changing the appropriate settings of the internet browser. This does not affect the access or use of the page, but disabling cookies may increase the server’s response time slightly.

This does not apply to session cookies saved in connection with a one-time authentication process required to access protected areas of the website. The purpose here is to recognize multiple related requests from the same user, which preserves the user's authentification status while using the website. Blocking these cookies can impair access to and utilization of the website.

V.       Right to object

In cases in which data is processed as per Article 6 paragraph 1 point (e) GDPR, you have the right to object to this processing. If you raise an objection while in a contractual relationship with the university, it may no longer be possible to fulfil the contract.

VI. Other rights of the parties involved

• In accordance with Article 15 GDPR, you have the right to request information from the University of Konstanz about any data it stores that is related to your person and/or to have incorrect data corrected as per Article 16 GDPR.
• You also have the right to demand that your data be deleted (Article 17 GDPR) or that the processing and use thereof be restricted (Article 18 GDPR), as well as the right to data transfer (Article 20 GDPR).
• In as far as the processing of personal data is based on your consent, you can withdraw that consent at any time. The processing of personal data is lawful until consent is withdrawn.
• To better understand and exercise your rights, please contact our data protection officer by emailing datenschutzbeauftragter@uni-konstanz.de.

You also have the right to file a complaint with the regulating authority if you believe that the processing and use of your personal data is in violation of the law (Article 77 GDPR). The responsible contact person at the regulating authority is the “Landesbeauftragter für den Datenschutz und die Informationsfreiheit Baden-Württemberg” (state commissioner for data protection and freedom of information in Baden-Württemberg) https://www.baden-wuerttemberg.datenschutz.de.