Terms of Use – bigdata.cgiar.org

 

Effective date: September 01, 2018

These terms and conditions (“Terms”) govern your access to and use of the bigdata.cgiar.org website (“Site”), the Site of the CGIAR Platform for Big Data in Agriculture, which is managed and administered by the International Center for Tropical Agriculture – CIAT, an independent international research for development organization, member of CGIAR.

By accessing or using the Site, you agree to be bound by these Terms. In addition, regional, national or local laws may apply to the access and use of this Site and you are responsible to comply with them.

If you do not agree to be bound by these Terms, please promptly exit the Site. In addition, specific terms of use may apply to specific materials, data or information available through the Site, in which case your access to such materials shall be governed by these Terms, subject to such specific terms of use.

CIAT reserves the right to modify these Terms in its discretion at any time, such modifications being effective when posted.

If you have any questions or concerns about these Terms, which include our Privacy and Data Protection Policy and Use of the Site, please contact us at bigdata@cgiar.org.

Please, see the Terms for the following:

 

Privacy and Data Protection Policy

Use of the Site

Privacy and Data Protection Policy

 

1. General aspects

These Terms address what happens to any personal data or personal information that you give to us, or any that we may collect from or about you at the CGIAR Platform for Big Data in Agriculture (“Big Data Platform” or “Platform”). It explains how, through the different features our Site hosts, we collect, use, protect or otherwise handle your Personally Identifiable Information. Thus, it applies to all products and services, and instances where we collect your personal data and information.

The Big Data Platform Team will make every reasonable effort to protect and use appropriately Personally Identifiable Information provided by you and to handle collected information appropriately. Furthermore, CIAT’s standards of integrity, transparency, and equity will guide all collected information.

Read this Policy carefully before you provide any Personal Data or Personally Identifiable Information to us. Please proceed if you find the following terms agreeable. Otherwise, you are always welcome to peruse our Site without sharing your Personal Data with us.

Some definitions

These are key terms used in this Policy:

“Personally Identifiable Information” or “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, psychological, genetic, mental, economic, cultural, or social identify of that natural person.

“Data Controller” means the natural or legal person, public authority, agency or other bodies which, alone or jointly with others, determines the purposes and means of the processing of personal data.

“Data Processor” means a natural or legal person, public authority, agency or other bodies which processes personal data on behalf of the controller.

“Data Subject” is the natural person whose personal data is collected and/or processed.

 

2. What type of Personal Data do we collect from users?

All visitors are free to peruse and access the publicly available information on our Site, without providing any Personally Identifiable Information.

If you are interested in becoming part of any of our Communities of Practice, in subscribing to any of our varied events, and/or to subscribe to our updates and newsletter, we may ask you for information such as your name (first name, last name), email, name and type of organization you work with, job title, and a brief description of your occupation. Providing this information is entirely voluntary.

In addition, we have access to and use data collected by Google Analytics such as your computer’s IP address, the URL/domain name of any referring website, the time and date of your visit to the Site.

 

3. How is the information collected?

The CGIAR Platform for Big Data in Agriculture uses third-party platforms to improve the experience of the user. These third-party platforms allow you to subscribe to news and updates, interact with and share our content with your networks, and allow us to know your preferences in order to improve your experience. These third-party platforms include MailChimp, Google Analytics, and the WordPress plugin ShareThis.

When you subscribe to receive news and updates from the Big Data Platform, including from the communities of practice, your Personally Identifiable Information is collected and stored by MailChimp, our mailing service provider. Please see MailChimp’s own policy on Personal Privacy.

Google Analytics uses cookies, which are small files transferred to your computer’s hard drive through your web browser (if you allow it) that enable the site’s or service provider’s systems to recognize your browser and capture and remember certain information (see section above). Please see Google Analytics’ privacy policy for information on what they do with information collected. If you are interested in getting to know more about the cookies used by Google Analytics, consult this page. In case you opted to prevent Google Analytics cookies altogether, you can install an opt-out add-on for your browser by clicking here.

ShareThis is a WordPress web plugin that uses cookies to trace the use of the functions of social media to count content that is seen and shared. Please see the ShareThis privacy policy for more information.

We will let you know if and when other data-collecting third-party platforms are used in the future.

 

4. How do we use the collected information?

Whether as a Data Controller or as a Data Processor, we may use the information we collect from you as a Data Subject in the following ways:

• To personalize your experience and to allow us to deliver the type of content you are most interested in;
• To stay in touch with you and provide updates. Including news about competitions and grant opportunities, courses, news features, and so on;
• To help diagnose and solve issues with the site in order to improve it and better serve you; and
• To follow up with you after correspondence (live chat or email inquiries), send information, respond to inquiries, and/or other requests or questions.

 

In doing any of the above, your contact information and preferences are shared among specific and selected few members of the Big Data Team, who have a responsibility and obligation to adhere to CIAT and/or Big Data Platform privacy policies.

 

5. Do we use cookies? If so, what for?

Yes, the Site uses cookies provided by Google Analytics and ShareThis to track and analyze information about:

• how our visitors use the site;
• the geographical distribution of visitors and the technology used to access the Big Data Platform;
• user’s preferences, which enables us to provide you with improved services;
• the Site traffic and Site interaction so that we can offer you better experiences and tools in the future; and
• the use of the functions of social media to count seen and shared content.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies, and as mentioned above, you can install an add-on to opt out of Google Analytics’ cookies altogether, if that is what you chose to do.

 

6. How is the collected information shared?

The Big Data Platform uses the information internally, among selected and specific members of the team to perform the tasks mentioned above (see section 4 ). We do not sell, trade, or otherwise transfer Personally Identifiable Information to outside parties unless we specifically ask Data Subjects for their consent to do it and you, as a Data Subject, have provided it. We may engage partners and other parties to assist us in operating our website, conducting our business, or serving our users. If for these activities, such parties needed some Personal Data, we would share it with them so long as they agree to keep this information confidential.

We may release information when it is necessary to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety. In this line, CIAT reserves the right to disclose Personal Data in case of a request by a national or international government authority, to investigate illegal or fraudulent acts committed against third parties or against CIAT.

 

7. How do we store and safeguard your information?

For some of our internal systems, your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.
Personal information that is collected and stored by third-party services is protected according to the privacy policies of each of these providers. Any personal information that is accessed by the Big Data Platform from third party service providers may be stored in Microsoft Office 365 platforms. Non-personal information is safeguarded by Google according to their privacy and terms of service agreements.

 

8. Application to third-party links

Occasionally, at our discretion, we may include links to third-party services or providers on our website or feature content from third-party sites. This Privacy Policy only applies to the Big Data Platform Site. Third-party sites have separate and independent privacy policies. To the extent permitted by law, we assume neither responsibility for the content and activities of those linked sites, nor give warranties about their own data and information handling.

 

9. How long do we retain Personally Identifiable Information?

In accordance with our data retention policy, we will retain your Personal Data only for as long as is reasonably necessary to achieve the purposes for which it is collected and for our legal entitlements and legitimate business interests.

Information collected by external parties, such as IP address, information collected through cookies, the URL/domain name of any referring website, and so on is maintained according to their policies.
10. How can a Data Subject access her/his data, update it, delete it, withdraw consent, lodge a complaint, or raise concerns?
If you have questions about your privacy rights, want to review any Personal Data that we maintain about you, correct, withdraw your consent, delete your Personal Data, lodge a complaint, or raise a concern, you can:

• send us an email at bigdata@cgiar.org; or
• contact us at the following address:
  International Center for Tropical Agriculture –CIAT
  ATT: CGIAR Platform for Big Data in Agriculture
  Km 17 Recta Cali-Palmira CP 763537
  Apartado Aéreo 6713, Cali, Colombia

 

If you wish to unsubscribe from receiving updates, news or our newsletter, you can select “unsubscribe” on messages you receive from us or email us at the above link and we will promptly remove you from our correspondence.

Kindly notice that as long as permitted by law, a request for deletion of Personally Identifiable Information or the revocation of an authorization to hold Personal Data may not proceed if the Data Subject has a legal or contractual duty to remain in the data files managed by the Big Data Platform or by CIAT.

Use of the Site

 

1. General aspects

These Terms address the conditions applicable to specific materials, data or information available through the Site. In case, access and use to those materials, data or information is governed by specific terms, these Terms shall apply, subject to such specific terms of use.

The materials contained in this Site are protected by applicable copyright and trademark law.

 

2. Copyright

Copyright © 2017 International Center for Tropical Agriculture – CIAT

The Site is an online platform conceived to harness the power of data and information through better its better use and analyses to predict, prescribe and produce more food, sustainably. CIAT holds the title to the online Big Data Platform and to the materials and content generated by the Big Data Platform unless otherwise specified.

 

3. Use License

Software
The software behind the Big Data Platform is WordPress a free software (free as in speech) licensed under the GNU General Public License V 2.0 (GPL-2) o later, like V 3.0 (GPL-3). For the full terms of the license: for V 2.0 see here, and for V3.0 see here.

According to the GPL-3 you may:

1. use it for personal, educational, institutional or commercial purposes;
2. copy, use, redistribute, modify, and/or sell as long as you use the GNU General Public License as published by the Free Software Foundation; and
3. install it in as many computers as you wish.

In addition, according to this license, you must:

1. maintain the copyright or other proprietary notations coming with the materials;
2. include a verbatim copy of the GPL for the original software and for modified versions of it;
3. state the changes as such if you make them; and
4. disclose the source code and a modified version of the code if you distribute a modified version of it.

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by the International Center for Tropical Agriculture (CIAT) at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

Content
In general, all informational products at CGIAR level are regulated by the CGIAR Principles on the Management of Intellectual Assets and the CGIAR Open Access Policy.

The content or materials accessed through the Site, include but are not limited to raw data, annotated or otherwise analyzed data, information, reports, videos, images, presentations, written documents such as reports, articles (including peer-reviewed articles), course materials, and services (referred all as “Materials”) that are generated, created or developed either (i) by CIAT, including staff associated with the Big Data Platform (“Big Data Materials”); (ii) by people members to one of our Communities of Practice or any of the other resources and features of the Platform, who may include staff of or personnel associated with CGIAR Research Programs and CGIAR Centers (“Contributed Materials”); or (iii) belonging to or originated by third parties, made available through the Platform site through links or by citation or aggregation (“Third Party Materials”).

(i) Big Data Materials
Unless otherwise and explicitly stated, Big Data Materials are available under the Creative Commons Attribution-NonCommercial License 4.0 International (CC-BY-NC), that allows you to download, copy, reproduce, modify, remix, build upon, disseminate, publish without seeking permission from the owner as long as it is for non-commercial purposes, you give credit to authors/owner as provided in the respective citation, and the copyright notice and this license remain with the Big Data Materials, even if they become part of derived works. Full terms of the license are available here.

(ii) Contributed Materials
As a contributor of Contributed Materials you must have the right to make such a contribution. As the owner of Contributed Materials, you or the organization you represent, as applicable, shall retain copyright. If Contributed Materials are owned by a third party, you must make sure that you have the rights to confer upon CIAT the license hereby specified. As a contributor you agree to grant CIAT, its successors and assigns a free of access charges, royalty-free, perpetual, worldwide, non-exclusive, and sublicensable license to use, copy, modify, perform, publish and disseminate such Contributed Materials in the Platform site and through derivative works. Contributors must warrant to the best of their knowledge that the Contributed Materials do not infringe the rights of any third party, including copyrights, privacy protection, informed consent and/or biodiversity-related access and benefit-sharing rights. In case of doubt, a contributor shall abstain from providing Contributed Materials to the Platform site or if already contributed, withdraw such Contributed Materials. The contributor shall defend, indemnify, and hold CIAT harmless from any resulting claims, damages or costs (including reasonable attorney fees) in case of false or misleading information or negligence.

If you delete a Contributed Material, CIAT does not warrant that it will be able to or will take responsibility for removing deleted contributions from the Platform site, including but not limited to those outside of its reasonable control or those to whom you or others may have forwarded your Contributed Material.

CIAT or the Big Data Platform Team might, but it is no obligation to, review your Contributed Material. CIAT or the Big Data Platform Team may, at its sole discretion, terminate or suspend your membership or registered account if it establishes that your Contributed Material violates these Terms. Acceptance of Contributed Material does not constitute an endorsement or sponsorship of the Contributed Material by CIAT.

(iii) Third Party Materials
Third Party Materials are governed by the terms applicable and contained in third party websites. Neither CIAT nor the Platform is responsible for or has control over such Third Party Materials. CIAT, through the Platform, provides access to such Third Party Materials for convenience only. CIAT and the Platform make every effort but do not ensure revision of Third Party Material and make no warranties or representations about the material, information, products, or services offered by third parties. Display of Third Party Materials does not constitute endorsement or sponsorship by CIAT or by the Platform of any Third Party Materials. Use of any such Third Party Material is at the user’s own risk.

 

4. Accuracy of Materials

Materials appearing on the Big Data Platform Site could include technical, typographical, or photographic errors. Neither CIAT nor the Platform warrants that any of such Materials on the Site are accurate, complete or current. The Big Data Platform Team may make changes to any Materials contained on its site at any time without notice. Nevertheless, neither CIAT nor the Platform Team make any commitment to update the Materials. Users and contributors of the Big Data Platform Site are completely responsible for the accuracy of the content uploaded by them.

 

5. Disclaimer

1. The Big Data Platform as a software and the materials on the Site are provided on an ‘AS IS’ basis. CIAT makes no warranties, either expressed or implied, including, without limitation, as to the merchantability, fitness for a particular purpose, non-infringement of intellectual property rights or any other violation of rights.
2. Further, CIAT does not warrant or make any representations concerning the accuracy, completeness, likely results, timeliness, or reliability of the use of the source code or object code of the software, of the data, information, content or any other materials on the Site, or otherwise relating to such materials, or on any other sites or websites linked to the Site.

 

6. Limitations

Except as prohibited by law, in no event shall CIAT or its suppliers be liable for any damages (including, without limitation, special, indirect, punitive or consequential damages or damages for any loss of data or profit, or due to business interruption) arising out of the access, use or reliance, or of the inability to access, use or rely on the Big Data Platform Site and the content or any other materials on the Platform.

 

7. Prohibited use

You agree not to use the Site, including the Materials, for any unlawful purpose or in any way that would violate the rights of others, including intellectual property rights. You agree not use CIAT logo and/or Big Data Platform logo without CIAT’s prior written authorization.

 

8. Modifications

CIAT may review these Terms at any time without notice. The most current version of the Terms can be reviewed by clicking on the link or links located on the Big Data Platform Site. Please check these Terms periodically to see whether they have changed. By using the Big Data Platform Site you are agreeing to be bound by the then current version of these Terms.

 

9. No waiver

Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. Nothing herein shall be deemed a waiver of any of the privileges and immunities of CIAT.

 

10. Governing law

These Terms are governed by and construed in accordance with recognized and general principles of international law, to the exclusion of any single national system of law. General principles of law shall be deemed to include the UNIDROIT Principles of International Commercial Contracts of 2010. You and CIAT will use their best efforts to resolve any dispute, controversy or claim arising out of or relating to these Terms or the Platform Site by negotiation.

In case an amicable settlement is not reached within sixty (60) days of such dispute, controversy or claim having been notified by one party to the other in writing, the dispute, controversy or claim will be settled by arbitration in accordance with the UNCITRAL Arbitration Rules in effect on the date of this contract. There will be one arbitrator appointed by the parties by mutual consent, or failing this, by the Secretary-General of the Permanent Court of Arbitration. The place of arbitration, proposed by CIAT, will be a neutral venue where the parties can expect a fair result. The language to be used in the arbitration proceedings will be English.