MIDL Acceptable Use Policy

These terms and conditions apply to your use of the Melbourne Institute Data Lab (MIDL). By accessing and using MIDL you agree to these terms and, if applicable, any additional conditions agreed between your Research Organisation and the University in relation to your Project.

If you do not agree to these terms and conditions, you are not authorised to access and use MIDL, and you must immediately stop doing so.

1. Users’ responsibilities

When accessing MIDL you must not, and must not authorise any person to:

(a) access MIDL from outside Australia, unless written authorisation has been given prior to access;

(b) alter the Research Data in any way that diminishes the integrity, accuracy or quality of the Research Data;

(c) where the Research Data is anonymous, de-anonymise , or attempt to de-anonymise individuals, households and/or organisations in any Research Data. Where you are able to identify an individual, household or organisation in the Research Data you must immediately inform the University;

(d) access or use MIDL or the Research Data, or c reate any Derivatives or Project Data, other than for the purposes of your Project;

(e) remove or seek to remove anything (including any Research Data or Project Data) from MIDL by any means that is not expressly authorised by the University (including extracting or copying material by screen shots, photography, handwritten notes, transcription or by any other means);

(f) share Research Data or Project Data internally within MIDL with any person. Unless you are a Researcher, in which case you may only share Research Data or Project Data internally within MIDL with other researchers working on your Project;

(g) import any data into MIDL or combine or merge different Research Data sets within MIDL, unless expressly authorised by the University in writing;

(h) access MIDL concurrently with any other datasets you have access to, including across multiple devices or across separate Projects in MIDL unless permitted by the University;

(i) Commercialise any Research Data or Project Data, or use the Research Data or Project Data on behalf of or for the benefit of any third party, unless expressly authorised by the University in writing;

(j) remove, obscure or alter any copyright, trade mark, logo or other proprietary notice, or falsify or delete any author attributions, legal notices or other labels appearing on or in the Research Data relating to or in connection with the origin or source of the Research Data; or

(k) directly or indirectly, or by act or omission, mislead the University or any other person in relation to your Project or any related matter;

2. Updates to MIDL and Research Data

(a)You acknowledge that the University may, in certain circumstances (including where there is a risk of de-anonymisation of the Research Data), need to update and re-release the Research Data and that such updates may change the content of the Research Data.

(b)Features and functionality of MIDL may be changed or upgraded from time to time without notice.

3. Confidentiality and Publications

(a)You acknowledge and agree that the Research Data is confidential to the University (and the relevant Data Custodian), and that you must keep that information confidential and not access or use it for any purpose or disclose it to any person for any reason other than for the purposes of a Project or as expressly agreed by the University in writing.
(b)You acknowledge, that any publication in relation to your Project will be subject to the agreement entered into between the University and your Research Organisation.

4. MIDL Software

Your access to and use of any data analysis tools and other application software (if any) (Software) that the University makes available to you within MIDL is subject to (and conditional on) you agreeing to the terms and conditions of all relevant licences and agreements pertaining to that Software. You agree to comply with the terms of any such licence or agreement.

5. Security and Audit

(a)You must complete MIDL security awareness training and any other training required by the University in connection with MIDL. You acknowledge that failure to complete this training will result in your access to MIDL being suspended.

(b)You must comply with all access, use, security or other procedures advised to you by the University and take all reasonable action to protect and maintain the confidentiality and security of MIDL (and the Research Data) and take all reasonable action to prevent unauthorised access to MIDL including safeguarding and not sharing your access credentials.

(c)You must immediately notify the University if you know or suspect that:

(i)your access or authentication security information has been compromised or any other kind of unauthorised use or security breach of MIDL has occurred; or

(ii)there is a security vulnerability, fault, error or problem in MIDL or any related system or matter.

(d)You must ensure that their access to and use of MIDL does not disrupt, interfere with or modify or adversely affect MIDL, or others access to MIDL.

(e)You must fully cooperate with and support any audit or verification process or review or investigation that the University (or the University’s agents) or the Data Custodians wish to conduct at any time pertaining to any matter in relation to MIDL, including providing the University with prompt access to any relevant records, systems, premises and facilities.

(f)You must notify the University of any actual or suspected breach of these terms and conditions as soon as it becomes aware of it and provide relevant details in that notification.

6. Activity and Privacy

You acknowledge and agree that the University will log and monitor all use of the MIDL. Your personal information will be managed by the University in accordance with the MIDL Privacy Policy (melbourneinstitute.unimelb.edu.au/data/midl/privacy-collection-notice).

7. Suspension and Termination

(a) The University may refuse or suspend your access to the Research Data or the MIDL in whole or in part, at any time for any reason the University thinks fit. If you are a Researcher, the reasons for the refusal or suspension will be provided in writing to both you and your Research Organisation. The University may also disclose details of the refusal or suspension to the Data Custodian, where required or authorised by law or for any other reasonable purpose.

(b) If you are a Researcher, you must notify the University as soon as reasonably possible if:

(i) you cease to be involved in a Project for any reason; or

(ii) your employment, enrolment or affiliation with your Research Organisation is terminated or ceases for any reason; or

(iii) where the Project has been completed or is terminated or suspended for any reason.

(i) without cause at any time by providing no less than 1 months’ notice in writing; or

(ii) immediately where you have breached these terms and conditions or any Additional Project Conditions.

(d) Where you are a Researcher, you acknowledge that where your Research Organisation terminates your Project then your access to MIDL will be terminated.

8. Liability

To the extent permitted by law, your access to and use of the Research Data and the MIDL is on an “as is, as available” basis only and without any representation or warranty of any kind (either expressed or implied) by the University (including any representation or warranty that the Research Data or the MIDL or other components of the MIDL are fit for any purpose, have any characteristics or qualities, are provided with due skill and care, are accurate or up to date, are not subject to any errors or defects, will function as described (or at all), or will be available at any time (or at all)). Without limiting the foregoing, the University will have no liability to you or your Research Organisation:

(i) for any breakdown of or faults, errors, defects and malfunction in the Research Data and all other components of the MIDL that occurs for any reason and from the MIDL (or any part of it) being fully or partially unavailable for any reason;

(i) for the safety, integrity and ongoing availability of anything you store or create in the MIDL (including any work-in-progress, research or analysis) and the University will have no liability to you or to any other person if anything you stores in the MIDL is unavailable, corrupted, erased, deleted or lost for any reason;

(ii) as a result of any change to the Research Data or MIDL as outlined in clause ;

(iii) for any information the University provides regarding availability, functions, performance or other service levels or characteristics relating to the MIDL, no matter how expressed, are non-contractual statements of intent only and do not constitute a representation or warranty of any kind; or

(iv) for any loss or damage that you or any other person might suffer that arises out of or in connection with, your access to or use of Research Data or the MIDL.

9. Variation

(e) The University may at any time modify or add to these terms and conditions by not less than 1 months’ prior written notice to you. By continuing to access MIDL you are agreeing to be bound by the modified or additional terms and conditions.

10. Defined Terms

In these terms and conditions, unless the contrary intention appears from the context:

Commercialise means, in respect of the Research Data:

(a) the distribution, sale, licensing of the Research Data or any Derivatives on a commercial basis, or for remuneration of any kind; or

(b) the creation or distribution, sale, licensing of any device, solution, software or database incorporating any of the Research Data or any Derivatives, on a commercial basis, or for remuneration of any kind.

Derivatives means all data, datasets, information and works created by you derived or produced partly or wholly from the use of the Research Data.

Project means the research or other activities that you are authorised to carry out in accordance with the agreement between your Research Organisation and the University, or as otherwise authorised by the University.

Project Data means information and works created by you within MIDL but excludes the Research Data.

Researcher means an individual accessing MIDL in order to undertake a Project.

Research Data means:

(a) data that is accessible via the MIDL or otherwise made available to you or your Research Organisation by the University or the Data Custodians for your Project; and

(b) the Derivates.

Research Organisation means an organisation that has entered into an agreement with the University for access to MIDL in order to carry out research or other activities.

University means the University of Melbourne ABN 84 002 705 224 a body politic and corporate established in 1853 and constituted under the University of Melbourne Act 2009 (Vic).