Terms of Service

The following document sets forth the Terms of Use and Privacy Policy for use of the Federated Research Data Repository (FRDR) website (the Site), www.frdr.ca / www.dfdr.ca and the services available on or at the Site (taken together, the Service). The Service is offered by Compute Canada and the Canadian Association of Research Libraries (CARL). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies and procedures that may be published from time to time on this by Compute Canada and CARL. Use of the Service denotes agreement with the following terms.

1.0 Definitions

Content: Data and associated material (e.g., metadata records, software code, ReadMe text, etc.).

Curator: An individual who has responsibility for managing a set of content in the Service. This may include but is not limited to making acceptance decisions on submission, auditing and improving metadata, and migrating the content if necessary.

Personally Identifiable Information (PII): The Canadian Tri-Council defines PII as information about an individual that may reasonably be expected to identify an individual when used alone or combined with other available information (Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans, 2014).

Submitter: An individual who publishes Content to the Service. It is anticipated that, in the majority of cases, the Submitter will be an author of the associated dataset or a researcher collaborating with the author(s).

User: An individual who makes use of the Service by either browsing the Site or downloading Content.

2.0 Submitter Agreement

Submitters of Content to the Service agree to the following:

The Submitter hereby represents and warrants that they are lawfully entitled and have full authority to license Compute Canada and CARL to use the Content in the ways described in these Terms and Conditions; and are not under any obligation or restriction created by law, contract or otherwise that would prevent them from entering into and fully performing these Terms and Conditions.

3.0 Publisher Agreement

Compute Canada and CARL agree to:

4.0 User Agreement

Users of the Service agree to:

5.0 Requests for Retraction, Removal, or Alteration of Content

Once Content has been submitted to the Service, Submitters may no longer edit, alter, augment, or remove the dataset. All change requests are to be made to the appropriate Curator for the collection with which the Content is associated and will be granted only at the discretion of the Curator.

Anyone wishing to have Content removed from the Service, either for copyright infringement, because of privacy concerns, or for other legitimate causes, should contact support@frdr.ca.

6.0 Metadata Acquisition Agreement

The Service will harvest publicly available metadata distributed across multiple Canadian platforms and repositories.

Metadata from the Service may be freely reused under the CC0 license. Bulk downloading of email addresses or other contact information taken from the Service is not permitted.

7.0 Privacy Policy

Compute Canada and CARL respect the privacy of users and submitters of data and work to protect all PII we collect. The Privacy Policy covers the information we collect about you (Users and Submitters) through the use of the Service. Content submitted to the Service is covered in the Terms of Use.

7.1 Non-personally identifiable information

For all visitors to the Site, Compute Canada and CARL collect non-personally identifiable information, including but not limited to pages viewed on the site, page access times, referring website address, browser type, version and language, and operating system. This data is for internal use only and will not be shared with third-parties, except in aggregate form for reporting purposes.

7.2 Collection of personal information

Users of the Service who do not wish to submit data are not required to provide any personal information. Submitters are required to log in via supported third-party authentication providers. Upon approval, these third-party providers will share your information with Compute Canada and CARL, including your name, email address, unique identifier, and institution.

7.3 Sharing of personal information

Compute Canada and CARL will not sell, share, or otherwise disclose information obtained through authentication providers or through your use of the Service. Usage data may be used to internally for metrics and reporting to improve this service, and will only be shared in an aggregate form.

7.4 Accessing Your Personal Information

PII collected through use of the Service will be kept in British Columbia, Canada, and is therefore subject to the Personal Information Protection Act (2003). Under the Act, you have the right to access any personal information we collect about you upon request.

7.5 Contacting Us

If you have any questions or concerns about this Privacy Policy and would like further information, you may contact us at support@frdr.ca.

8.0 General Provisions

8.1 Termination

Compute Canada and CARL reserve the right to suspend use by any party (Submitter or User) if that party engages in, or is suspected of engaging in, activities that violate applicable copyright or privacy laws, or in any other way breaches these Terms of Use.

8.2 Disclaimer

The Content in the Service is made available to Submitters and Users on an "AS IS" basis. Except as set forth herein, and to the maximum extent permitted by law, Compute Canada and CARL makes no representations or warranties, express or implied, including, without limitation, (i) implied warranties of accuracy, quality, performance, compatibility, merchantability and/or fitness for a particular purpose, (ii) that any such Content or other material is free from personally identifiable, sensitive, infringing or illegal data or material, and (iii) that any such Content not suffer loss, corruption or destruction. While Compute Canada and CARL will try to ensure that the Service, the Site and its software, are safe from bugs, viruses, disruptions and delays, we do not represent or warrant that they will always be so.

8.3 Indemnity

In agreeing to these Terms of Use, you indemnify and hold Compute Canada and CARL harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys' fees and court costs, arising from the i) use or misuse of the Service; (ii) your access to the Site, use of the Services, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.

8.4 Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Compute Canada and CARL agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Province of British Columbia. All disputes under these Terms and Conditions will be resolved in the applicable provincial or federal courts of British Columbia. You consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

8.5 Integration and Severability

The Terms of Use are the entire agreement between you and Compute Canada and CARL with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Compute Canada and CARL with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

8.6 Changes to Terms of Service and/or Privacy Policy

Compute Canada and CARL reserve the right, at their sole discretion, to modify or replace any of the Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

8.7 Contacting Us

If you have any questions or comments with respect to the Service, or if you are unsure whether your intended use is in line with these Terms of Use, or if you seek permission for a use that does not fall within these Terms of Use, please contact support@frdr.ca.

You acknowledge that the copyright in any additional data added by Compute Canada and CARL to the user materials, and any search software, user guides, documentation and any other intellectual property that is prepared by Compute Canada and CARL to assist Users and Submitters in using the Service, including the submission of Content, will belong to Compute Canada and CARL.

This Terms of Use document is available under a Creative Commons Attribution-ShareAlike 2.5 License. It incorporates portions originally developed by Dryad (http://datadryad.org/), the Australian National Data Service (ANDS) (https://researchdata.ands.org.au/), the Ontario Council of University Libraries (OCUL), and The OpenAIRE Consortium (https://www.openaire.eu/).