Data Use Agreement
This Agreement (hereinafter referred to as the "Agreement") is made in accordance with Article 18 (2) 4 of the Personal Information Protection Act and Article 16 (3) of the Bioethics Act of Korea, and the Health Insurance Portability and Accountability Act of 1996 (HIPPA) Regulation 45 CFR Part 160 and Part 164. This agreement is intended to specify the details necessary to allow the access of data users (hereinafter referred to as the "User") to the limited data set (hereinafter referred to as the "Data") provided by the VitalDB team (hereinafter referred to as the "Provider").
Unless otherwise specified, the definition of terms used in this Agreement shall be governed by the Personal Information Protection Law of the Republic of Korea and the United States HIPPA regulations.
The dataset will be released to Users under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) license. This license type has been applied to the VitalDB Open Dataset in order to maximize the dissemination and use of the Data.
4. Provider's obligation
The provider prepares and presents the Data to the User. The following unique personal identifier and Protected Health Information (PHI) are removed from the Data provided:
Name (including Chinese characters and full name), address, unique identifiers (resident registration number, passport number, foreigner registration number, driver's license number, medical record number, health insurance number, social welfare number, soldier’s serial number, business registration number), time (date of birth, anniversary, date of death, date of certification, date of hospital admission, date of discharge, date of operation, etc.), telephone number (mobile phone number, home phone number, work phone number, fax number), e-mail address, homepage address, account number, card number, various certificates and license numbers, biometric information (fingerprint, voice, iris, etc.),
5. User's obligation
1) The User can use the Data for research and development purposes.
2) The User must not disclose the Data to anyone who is not hired to the User without the consent of provider. If the User wishes to disclose the Data to his or her employee, the User must document the contract applying the same restrictions and conditions as those applied to him/herself to the employee, and have all legal responsibility for the use of the Data.
3) The User must not use or disclose the Data beyond the scope of this Agreement except as required by law.
4) The User must take appropriate security measures to prevent the use or disclosure of Data that is outside the scope of this Agreement.
5) The User must report to the Provider within 24 hours if you use or disclose the Data beyond the scope of this Agreement.
6) The User must not attempt to identify any personal information from the Data.
6. Change of contract
1) The Provider may change this Agreement if there are reasonable grounds, and in this case, the Provider shall post the date and reason for the change to the VitalDB website no later than 14 days prior to the change being applied.
2) Any change of the contract in accordance with paragraph 1 above shall become effective upon the User’s consent. However, if the User does not express the intention of rejection within a certain period of time, the User shall be deemed to have agreed to the revised contract.
3) The User is obliged to periodically check the notice on the VitalDB homepage.
4) The User is responsible for any damage caused by failure to confirm the changes to the Agreement.
7. Termination of contract
1) Unless otherwise specified, the term of this Agreement shall be five years. However, if there is no notice, the contract period is automatically extended.
2) The User may terminate the contract at any time by deleting the provided Data and notifying the Provider of this fact.
3) The Provider may terminate the Agreement at any time by giving notice to the User 30 days prior to termination.
4) The contract is immediately terminated if:
a) The User is found to be in violation of HIPAA, the Personal Information Protection Act, or Bioethics Act.
b) The User violates the laws or regulations of the country or organization to which he/she belongs.
c) The User is presumed to have violated this Agreement in the sole judgment of the Provider.
d) The benefit of the Provider is infringed by the sole judgment of the Provider.
1) If the Data becomes no longer available due to related legislative changes, the Provider may limit the use of the Data after 14 days’ notice to the User.
2) Unless otherwise provided in this Agreement, the User’s right is not transferable to any third party.