Terms of use for the Research Data Center for Education (FDZ Bildung)

Version 2.2, 19. June 2019

I. General terms of use

Access to and handling of research data and research instruments is subject to these terms and conditions of use, for reasons of copyright and data privacy as well as to preserve the rights of persons who were observed in the context of scientific studies and providers of the data as well as the rights of instrument producers.

1. As a user, I will not make the data that are subject to these terms of use accessible to a third party, neither will I make my password for this service accessible to third parties. I will make sure that access to my password is protected.
2. If my contact data change, I will immediately initiate an update of my user account via "alter my data".
3. I ascertain that I will not attempt to (re)identify persons studied or third parties named in the data. I will not connect the provided data basis with other data for the purpose of de-anonymising.
4. I certify that I will not publish results of research containing informationn and details which would enable an individual identification of persons studied.[1]
5. I will prohibit the unlawful use by completely and irrevocably destroying any data I have received from the Research Data Center for Education, as well as any backup copies and auxiliary files, once the research project is terminated. The respective storage device will be made unusable or destroyed. [2]
6. I agree to citing the used data and materials pursuant to scientific practice. At least the following details are necessary: copyright holder of study, title of study, assessment period / duration of study, data portal / index where the study is documented and where applicable, Persistent Identifier (DOI or URN) as source reference.
7. I hereby certify that I will send DIPF at least one copy of the publication(s), project reports or similar for which I analysed data accessed via FDZ Bildung as a PDF file, respectively I will additionally send a printed copy in the case of a printed publication. I grant DIPF the right to submit a copy of a pdf file to the original copyright holders of the research data, exclusively for their private use.
8. I assure that I will report newly developed research instruments or data sets that are based on material accessed on FDZ Bildung and that I will check for archiving respectively registering the material with FDZ Bildung.
9. I am aware that FDZ Bildung can deny access to the password-protected area in the case of violations against these terms of use and in the case of unlawful use. Prior to denying access, FDZ Bildung will notify users via e-mail. I further release FDZ Bildung from any liability claims made by third parties owing to any violation of these terms of use regardless of legal grounds. In the case of a violation of an agreement mentioned in these terms, I am aware of the following measures, depending on the circumstances and severity of a case: users are obliged to delete provided copies and backups files, extraction files and auxiliary files without delay; the user is temporarily or permanently banned from access to services offered by FDZ Bildung. In the case of intended violation or violation owing to gross negligence, the user is charged a penalty of 5,500 euros. The right of FDZ Bildung to claim any damages going beyond this penalty which might result from unlawful actions by the user remains unaffected. In this case, a forfeited penalty will be credited against the claim for damages.

Final provisions

Neither the institutions respectively individuals providing the data nor the Research Data Center for Education are responsible for the analysis or interpretation of the data that are provided under these terms of use.

The service provider cannot guarantee the complete accuracy of empirical data. We therefore kindly ask you to report errors in the data to the Research Data Center for Education.

The Research Data Center for Education reserves a right to change contents any time, either in full or part, to delete them or not to publish data for a period of time. Users will be informed about changes to data at a central point on the portal, and users will be notified ahead of permanently deleting entire datasets.

Please note that you will not be granted exclusive access to data. When processing an application, we will not check whether access has already been requested for the same or a similar research purpose.

Furthermore, the Research Data Centre for Education reserves a right to adapt these terms of use to changed conditions. Such changes will be posted on the portal website. The user’s consent to these changes is assumed if he or she continues using the services offered by DIPF.

II. Supplementary terms of use

The following terms are applicable in addition to the general terms of use with respect to using research data for which an additional application is needed.

I (the applicant) agree to the following terms which are supplementary to the general terms of use:

1. I hereby certify that I have obtained a doctoral degree or that my research is supervised by a scientifically qualified member of staff at an established research institution, who equally recognises and signs these terms of use.
2. In the case of a change of supervisor, I will duly inform the Research Data Center for Education via my user account, see the menu "alter my data", and I will send out a new application form for use, signed by the current supervisor.
3. I am aware that use of the research data and instruments is limited to the research purpose stated in my application form. I will not publish the films/videos or other materials containing personal data, either in total or excerpts.
4. I will not present or use personal data for initial or further training or teaching purposes. An exception to this rule is only perceivable if the video-based training as such is the object of research. A respective endeavour is specified in my application.
5. The right to access the requested research data is limited to the duration of the research project for which the data are used with a maximum right of three years (beginning with the date of permission of an application). Users can submit a request for extending the period of access.

Online access to the data is limited to countries with an appropriate level of data protection. When moving to a country that does not provide for such a level of data protection, any downloaded data must be irrevocably deleted. A list of countries that currently provide for an adequate level of data protection can be found on the website of the European Commission:

https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en