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TERMS AND CONDITIONS

WEBSITE

Website Ownership

The website www.cancergenomeinterpreter.org (Website) is owned by FUNDACIÓ INSTITUT DE RECERCA BIOMÈDICA (IRB BARCELONA), hereinafter referred to as “IRB BARCELONA”, with registered address at C/Baldiri Reixac 10-12, 08028 Barcelona, VAT number G63971451, duly registered in the Registry of Foundations of Catalonia under number 2245.

You can contact our Customer Service at info@irbbarcelona.org, where you can reach out at any time, and we will be at your disposal to assist you as soon as possible.

Purpose and Scope of Application

The General Terms and Conditions described below define the rights and obligations within the framework of the Website and interactions between IRB BARCELONA and its users. These conditions must be read carefully before using this website.

Simply navigating this website, as well as using the services offered, implies the acceptance of each of the established conditions at all times.

Security Measures and Personal Data Protection

This website is protected with security systems and complies with all legal measures provided for the security of systems and data stored therein. Personal data stored is properly protected in accordance with the regulations on security measures. You can consult our privacy policy by clicking here.

LICENSE

Project

The Cancer Genome Interpreter (CGI) project develops a tool that allows a systematic and improved interpretation of tumour genomes, designed to support the identification of tumour alterations driving the disease and/or that may be therapeutically actionable.

CGI is based on computational methods - silicon-based saturation mutagenesis of cancer genes (BoostDM and OncodriveMut) - as well as knowledge collected from the public domain to annotate alterations in a tumour according to various levels of evidence.

Data Processor

In accordance with Regulation 679/2016, to the extent that users utilize the Cancer Genome Interpreter (CGI) tool, authorized users who use it will be considered data controllers for the personal data that may be processed, and IRB BARCELONA will act as data processor for them, in accordance with the provisions of the data processing agreement signed between the users and IRB BARCELONA.

Acceptance of the Terms and Conditions

The use of the web page “www.cancergenomeinterpreter.org” (“Website”) of the Cancer Genome Interpreter tool (“CGI Tool”) is subject to the terms and conditions (“Terms and Conditions”) established herein, which must be complied with by any person using the Website (“User/s”) at any time.

By registering on the Website of the CGI Tool and using it, the User expressly accepts the full and unreserved adherence to the Terms and Conditions. In the event that the User does not agree with all of the provisions of these Terms and Conditions, he/she will not be authorized to access the information or contents of the CGI Tool.

The Terms and Conditions may be modified at any time. Any change or modification of the Terms and Conditions will be communicated to the Users by email. The new Terms and Conditions will be applicable from the moment of their communication.

Registration Procedure on the Website

In order to use the CGI Tool, Users shall register on the Website by following the process established herein:

  • The User will register on the Website by entering all the requested data, including password for login.
  • After having requested to be registered, the User will receive an e-mail with a link to verify his/her e-mail account.
  • After accessing the home screen of the Website, the User must enter (i) the password defined by the User and (ii) the e-mail address with which he/she has registered on the Website.
  • In order to being granted access to the Website, the User must accept these Terms and Conditions as an essential condition to continue using the Website.

The User declares that he/she has provided true, reliable, complete and updated information in the registry process and undertakes to do so when required in or through the Website. In this sense, the User is expressly responsible for the veracity of the data provided at any time, as well as to communicate, as soon as possible, any change in the registry data.

The password provided will allow the User to be identified in a personalized and individualized way and will allow the first access to the Website. After accessing the Website for the first time with the password assigned by e-mail, the User must change his/her password to one of his/her own choice, but which complies with the security requirements demanded by the Website.

The above-mentioned passwords are strictly personal, confidential and non-transferable. The User shall be responsible for keeping his/her password confidential and not transmitting or disclosing them to third parties other than the User. Consequently, the User accepts that, except in the case of express notification of loss or theft of the password, the use of the Website with his/her password is carried out by the person who appears as a registered User. If the User has indications that his/her password may be known, either accidentally or fraudulently, by unauthorized third parties, he/she should notify bbglab@irbbarcelona.org.

In addition, the IRB BARCELONA does not assume the obligation to verify the identity of those who register on the Website. Therefore, it will not be responsible in case of identity theft of the User.

IRB BARCELONA may block access to and use of the Website when it deems necessary or appropriate for security reasons.

Terms of Use of the CGI Tool

By using the CGI Tool, Users will obtain a non-exclusive, non-sublicensable and non-transferable license to use it solely for academic or internal scientific research purposes (in any case, for non-commercial purposes) (“License”).

User undertakes in any case to use the CGI Tool in a diligent, correct and lawful manner in accordance with the applicable regulations and these Terms and Conditions.

Consequently, User shall refrain from carrying out any activity that is unlawful, prohibited or harmful to the rights and interests of third parties, or in any other way may damage, disable, overload, impair or impede the normal use of the CGI Tool of any document, file or content stored on the CGI Tool, other Users or any other party.

Access to the CGI Tool, its use and the correct use of the information contained in the CGI Tool are the responsibility of the User.

Prohibited Uses of the CGI Tool

Through the use of the CGI Tool, Users are not allowed, under any circumstances and without limitation, to:

  • Make available, copy, reproduce, disseminate, distribute, publish, sublicense, resell, transfer, assign, communicate, or otherwise transmit, directly or indirectly, to third parties the use of the software of the CGI Tool in whole or in part.
  • Make modifications to the CGI Tool in whole or in part.
  • Use the CGI Tool in conjunction with other malicious programs that could alter, adapt, or modify the software subject to this License (in which case damages may result).
  • Perform reverse engineering or similar acts to access the source code of the software of the CGI Tool.
  • Create a product or service similar to the CGI Tool or that that integrates the software of the CGI Tool, whether in whole or in part.
  • Copy ideas, features, functions, or elements of the CGI Tool, whether in whole or in part.
  • Delete, obscure or alter any copyright or intellectual property notices on the CGI Tool.

In any case, the use of the software of the CGI Tool by the User for internal or external commercial purposes towards third parties is strictly prohibited, as well as for any other purpose that is not one of those described in the “Terms of Use of the CGI Tool” section.

Updates

The Users agree to periodically, every six (6) months, generate and provide the IRB BARCELONA with a report regarding the usage statistics of the CGI Tool.

Communications and exchange of information

By using the Website, the User agrees to receive communications about topics related to his/her/their subscription. These communications may include the sending of e-mails.

The User expressly accepts that any communication, notification or information that should be sent by IRB BARCELONA to said User is made, whenever the law allows it, through the Website or, in its case, the electronic mail that facilitated at the moment of its register in the Website.

Audit

Through this License, Users agree that, upon written notice with five (5) days' advance notice, IRB BARCELONA may conduct an audit regarding the use of the CGI Tool by Users. Users commit to cooperating, providing reasonable assistance, and granting access to the requested information during the audit. Such audit will be limited to the use of the CGI Tool. IRB BARCELONA will not access, under any circumstances, the systems where the CGI Tool is installed or located.

Intellectual Property

IRB BARCELONA, INSTITUCIÓ CATALANA DE RECERCA I ESTUDIS AVANÇATS (“ICREA”) and/or Universitat Pompeu Fabra (“UPF”) hold all intellectual and industrial property rights regarding the CGI Tool as well as all the elements contained in the CGI Tool, including, but not limited to, texts, designs, images, audio, databases, structure, software and/or computer applications, codes, graphic contents of any kind, trademarks, logos, commercial names and distinctive signs, etc. All rights are reserved.

Any form of exploitation, including any type of reproduction, distribution, transfer to third parties, public communication and transformation, by means of any type of support and media, in whole or in part, of the aforementioned works, creations and distinctive signs without prior and express authorization from IRB BARCELONA, UPF and ICREA is prohibited. Failure to comply with this prohibition may constitute an infringement sanctionable by the legislation in force.

The User is not authorized to use any software to determine the architecture of the Website, extract information on its use, on identities or Users. Likewise, the User agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Website.

This License does not constitute any act of sale or transfer of the rights that IRB BARCELONA, ICREA or UPF may hold in favour of Users. Furthermore, IRB BARCELONA owns the trademark "CANCER GENOME INTERPRETER" associated with the software of the CGI Tool. Users must acknowledge the ownership of IRB BARCELONA, ICREA and UPF's intellectual and industrial property rights over the CGI Tool, and will use its best efforts to acknowledge CGI as source of data, as scientifically appropriate.

Term of the License

The License is limited in time, beginning at the moment the User accepts the Terms and Conditions and ending when the User unregisters from the Website.

In addition, such License shall terminate early upon the occurrence of any of the following events:

  • Breach by the User of any of the Terms and Conditions;

  • Termination of the License by IRB BARCELONA upon five (5) days prior notice of its intention to the User;

  • Being involved in any judicial or administrative proceeding that could damage the image or reputation of IRB BARCELONA.

IRB BARCELONA shall be entitled to suspend, restrict or terminate access to the Website or to modify any part of the Website for any reason, including maintenance of the Website, at any time without the User having any right of compensation for this reason. IRB BARCELONA shall use reasonable endeavours to ensure as little disruption to you as reasonably practicable.

Confidentiality

Users shall not, except as required to perform their own respective rights and obligations, use, copy, adapt, alter, disclose to any third party or part with possession of any information or data obtained directly or indirectly as a result of the use of the Website and which is of a confidential nature. For the avoidance of doubt,

Users will be responsible for any infringement of intellectual property rights that occur or may arise from their non-compliance or that of third parties under their responsibility.

FREQUENTLY ASKED QUESTIONS (FAQs)

Users have access to the FAQ section, which contains answers to the most common questions about using the CGI Tool: FAQ Section.

WARRANTIES AND LIMITATION OF LIABILITY

In the case that the Website contains an action, information, content, material, data, opinion, advertisement, promotion, logo or any link to any websites, software, mobile app, wearable technology or any other third-party content (“Third-Party Content”), IRB BARCELONA hereby inform the User that IRB BARCELONA is not responsible for such Third-Party Content, or any changes or updates to them. The Third-Party Content may provide their own terms and conditions of use, privacy policies and cookies policies that apply to the User and the User’s use of such Third-Party Content is not governed in any manner by these License.

IRB BARCELONA may display Third-Party Content, which is deemed appropriate and reliable to the User. However, as IRB BARCELONA cannot control all Third-Party Content included, IRB BARCELONA makes no representations or warranties of any kind regarding such Third-Party Content, and IRB BARCELONA accepts no responsibility for any loss or damage which might arise from the use of such Third-Party Content. Accordingly, the User’s use of or interactions with any Third-Party Content, and any third party that provides Third-Party Content, are solely between the User and such third parties and, therefore, if the User decides to access to such Third-parties Content, it do so entirely at its own risk and subject to the terms and conditions of use for such Third-Party Content.

The Website may include Third-Party Content provided by third parties, which do not necessarily reflect the opinion of IRB BARCELONA. IRB BARCELONA is not responsible, or liable to the User

FORCE MAJEURE

IRB BARCELONA will not be held responsible for any breach or delay in the fulfilment of any of the assumed obligations, when such breach or delay is due to events beyond our reasonable control, that is, due to force majeure. Thus, the obligations will be suspended during the period in which the force majeure continues, and IRB BARCELONA will have an extension in the term to fulfil them for a period equal to the duration of the force majeure. IRB BARCELONA will make every reasonable effort to find a solution that allows us to fulfil our obligations despite the force majeure.

WAIVER AND INVALIDITY

No waiver by IRB BARCELONA of any specific legal right or action, or the failure of IRB BARCELONA to enforce strict compliance by the User with any of its obligations, will constitute, either expressly or by implication, a waiver of other rights or actions arising from a contract or these Terms and Conditions, nor will it release the User from fulfilling its obligations.

No waiver by IRB BARCELONA of any of these Terms and Conditions or of the rights or actions arising from a contract will take effect unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing. If any of these Terms and Conditions are declared null and void by a final resolution issued by a competent authority, the remaining clauses will remain in force, unaffected by such declaration of nullity.

DATA PROTECTION

To comply with the General Data Protection Regulation (2016/679), we provide the following basic information on data protection.

  • Data Controller: FUNDACIÓ INSTITUT DE RECERCA BIOMÈDICA (IRB BARCELONA)
  • Purpose of the processing: Register users who access the Cancer Genome Interpreter (CGI) database.
  • Legal basis: User consent (Article 6.1.a GDPR).
  • Recipients: Your data will not be disclosed to third parties except to fulfil legal obligations.
  • Retention period: The data will be kept during the development of the relationship and the years necessary to comply with the legal obligations.
  • Data protection rights: Access, rectification, erasure, portability, restrict processing, objection to processing, and not to be subject to automated decisions by emailing: dataprotection@irbbarcelona.org.

APPLICABLE LAW

These Terms and Conditions are established in English and will be executed and interpreted in accordance with Spanish law, to which the parties expressly submit.

Updated version 19/09/2024