Last Updated: April 1, 2021. See Recent Changes
|Type of Data||
What is it?
What’s it used for?
How is it shared?
Data you upload to or create using IDseq
Raw Sample Data
Genetic sequence files (ex: FASTA/FASTQ) uploaded by Users.
Upon upload, Raw Sample Data is processed through our data pipeline and all host (ex: human, mosquito) genetic information is filtered out. We always filter out all human genetic information, regardless of host. We use the remaining data, with Sample Metadata, to create Reports and Visualizations showing the microorganisms in your sample. These can be shared with other IDseq users.
Raw Sample Data is not shared with any other IDseq user, nor is it ever accessed by anyone working on IDseq unless specifically requested by a User, such as to debug an issue.
Users can request deletion of Raw Sample Data or their IDseq account data by contacting us at firstname.lastname@example.org and we will fulfill the request within 60 days.
Data about Samples annotated by Users (ex: sequencer used, sample collection date).
Report Data and Visualizations that Users create can include Sample Metadata. IDseq Users may choose to share that Report Data and/or Visualizations (including Sample Metadata) with other IDseq Users.
This data is also shared with technical partners (Chan Zuckerberg Initiative, LLC - CZI LLC) and Service Providers (ex: AWS) that help operate and secure IDseq.
We will never sell your data or share it with anyone that does.
Data about non-host microorganisms that may be contained in the uploaded sample (includes Sample Metadata).
Analyses created by Users based on Report Data (ex: heatmaps and phylogenetic trees). Can include Sample Metadata.
Data IDseq collects
Data about researchers with IDseq accounts such as name, email, institution, basic information about how they are using IDseq (ex: search queries), and information provided for user support (ex: resolving support requests).
We use this data only to operate, secure, and improve the IDseq services.
Basic IDseq account information such as name and institution may be visible to other IDseq Users (ex: with collaborators on a shared project).
This data is also shared with technical partners (CZI LLC) and Service Providers (ex: AWS) that help operate and secure IDseq.
We will never sell your data or share it with anyone that does.
Users can request deletion of their IDseq account data by contacting us at email@example.com and we will fulfill the request within 60 days.
Device and Analytics Data
Device Data (ex: browser type and operating system) and Analytics Information (ex: links within IDseq you click on and how often you log into IDseq) includes basic information about how Users and Visitors are interacting with IDseq.
Data about visitors (non-Users) to IDseq pages, such as IDseq.net and includes basic analytics information (ex: links clicked).
This data is not personally identifiable.
IDseq is an online platform designed to enable pathogenic research using metagenomic sequencing and to help further the study of infectious diseases. To do this, IDseq processes genetic data in order to identify pathogens contained within.
Here’s how IDseq works: Users submit Upload Data (as described below). This data may contain human and non-human genetic sequences (“Raw Sample Data”; as further defined below), as well as information about those sequences, such as the date the sample was collected and the host species it was collected from (“Sample Metadata” as further defined below). For example, a researcher might upload genetic information from mosquitoes, which are often a source of infectious disease, or from humans, who can be infected by such diseases. IDseq then processes this Upload Data in order to identify pathogens found within the genetic sequence (e.g., the mosquito may be carrying the chikungunya virus).
We hope that this sharing of pathogen data will help to create a global dashboard that helps researchers better understand pathogens.
IDseq also collects information about Users in order to offer the Service. Other than basic information required to create an account (e.g. email address, name), the User determines what information they want to upload onto IDseq. Please note: IDseq is not designed for or directed toward children under the age of sixteen.
1. Upload Data.
“Upload Data” is data that Users upload to IDseq (other than the information Users provide during registration to create an account). As explained below, Upload Data consists of genetic sequence information (human or non-human) and metadata about those genetic sequences (such as time and location of sample collection).
As described in our Terms, Users are required to obtain and maintain all necessary consents, permissions, and authorizations required by applicable laws prior to uploading, sharing, and exporting Upload Data with the Services.
What Is Upload Data?
Upload Data includes Raw Sample Data and Sample Metadata.
- Raw Sample Data: “Raw Sample Data” is full genetic sequence data uploaded by Users (i.e. FASTA or FASTQ files). Genetic sequence data contains genetic information about pathogens in the sample and of the host from which the sample was taken. The host could be a human or non-human (e.g., mosquito). Host genetic information is filtered out in order to generate Reports, so Report Data should not contain any human sequence data.
- Sample Metadata: “Sample Metadata” includes information related to the Raw Sample Data, such as the host type (e.g., human or mosquito), upload date, and tissue type and free-text research notes entered by Users. This data should not include personally-identifying information regarding the individual to whom the Raw Sample Data relates.
How We Use Upload Data
Upload Data is used for the following purposes:
- To create Report Data (described below), including new reports for Users when we update our Data Pipeline.
- To improve the way IDseq creates Report Data, including improving our Data Pipeline.
- To debug in the event you reach out to us with a specific issue related to your Upload Data.
We will never sell your data or share it with anyone that does.
How We Share Upload Data
Raw Sample Data is never shared with anyone other than the User that uploaded the Sample. Even staff working on IDseq cannot access this information except as specifically instructed by a User, such as to debug an issue.
In order to advance IDseq’s goal of creating a global pathogen dashboard for researchers, Report Data and Sample Metadata will be made available to all IDseq users 1 year after Raw Sample Data is uploaded. Before this 1-year anniversary of upload, Users can also choose to share their Report Data and Sample Metadata by creating Projects (groups of Reports) and sharing those Projects with other IDseq users.
If you have questions about how this 1-year anniversary policy impacts your data, then please reach out to firstname.lastname@example.org.
What’s our legal basis to use and share Upload Data?
To the extent that the European Union’s General Data Protection Regulation (“GDPR”) applies, we rely on the following legal bases to use and share personal data within Upload Data:
- The explicit consent of the individual whose data is contained in Raw Sample Data, where such consent has been obtained by the User in accordance with the GDPR; and
- The public interest and our and our Users’ legitimate interest in investigating and stopping the spread of infectious diseases and promoting global health. The use and sharing of personal data within Upload Data furthers the public interest in the area of public health, particularly by helping to protect against serious cross-border threats to health. The processing of personal data within Upload Data is also necessary for scientific research purposes.
2. Report Data.
Report Data is information IDseq produced from Upload Data. We generate Report Data by processing Upload Data through our Data Pipeline. The “Data Pipeline” cleans (e.g., by removing duplicate nucleotides) and analyzes (e.g., by matching Raw Sample Data nucleotide sequences with known pathogen sequences) the Upload Data. Report Data may include, for example, data about the pathogen sequences identified in the Raw Sample Data and the frequency of such identification (“Pathogen Data”) or raw numeric counts of non-personally identifying gene expression profiles that were found in the Raw Sample Data (“Gene Counts”).
Once Raw Sample Data has been put through the Data Pipeline, the Report Data that is produced no longer includes any human genetic sequence data, and is not personal data, and does not, on its own, permit association with any specific individual. If you are able to find human sequence data in any Reports in IDseq, please let us know at email@example.com and we will address it.
Who can see Report Data?
As mentioned above, after 1 year from when Raw Sample Data is uploaded, Report Data (including Sample Metadata) is visible to all IDseq Users, and they may share it with others beyond IDseq. This does not include Raw Sample Data - those genetic sequence files are available only to the User that uploaded the Sample.
Users also have the option to share their Report Data with certain third party tools, like Nextclade. You control whether to use this integration or not. If you do, we will collect basic information about your use of that integration, such as how often you use it.
3. Visitor and User Data.
Visitor and User Data is the information we collect from you and your use of IDseq.
What We Collect
- Visitor Data. This is information collected from visitors to our website, whether or not they are Users (“Visitor Data”).
- User Data. User Data is any information we collect from a User about that User (“User Data”). It may include information necessary to create or access your account such as your name, username, email address, and login credentials.
- Device and Analytics Data. When Visitors and Users visit or use our Service, we may automatically collect Device Data or Analytics Information. “Device Data” includes information about your browser type and operating system, IP address and/or device ID, including basic analytics from your device or browser. “Analytics Information” relates to any of your requests, queries, or use of the Services, such as the amount of time spent viewing particular web pages. We use Google Analytics for this service.
How We Use Visitor and User Data
Visitor Data and User Data (including any Personal Data in the Visitor Data and User Data) will be used to operate, secure, and improve IDseq. Specifically, this means:
- To identify you, create a profile for Users, and verify User’s identity so you can log in to and use IDseq.
- To provide you with notices about your account and updates about IDseq.
- To respond to your inquiries and requests.
- To analyze how Users and Visitors are using IDseq so we can optimize and improve it.
- To protect the security and integrity of IDseq.
What is our legal basis for using Personal Data in Visitor Data and User Data?
4. Vendors and Other Third Parties.
We also share Upload Data, Report Data, Visitor Data, and User Data with service providers, including service providers to CZI LLC, such as database providers like Amazon Web Services and customer support providers like Zendesk. We may also share Visitor and User data with analytics vendors that assist us to improve and optimize IDseq. To learn more about our vendors we use, please see our FAQ or contact us at firstname.lastname@example.org.
If we can no longer keep operating IDseq or believe that its purpose is better served by having another entity operating it, we will transfer IDseq and all data existing therein (Upload Data, Report Data, Visitor Data, and User Data) so that the Users can continue to be served. We will always let you know before this happens, and you will have the option to delete your account and any data you’ve uploaded. Should this occur, the entity to which we transfer your data will be obliged to use it in a manner that is consistent with this Privacy Notice and the Terms.
We may disclose Upload Data, Report Data, Visitor Data, and/or User Data if we believe in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on us; (c) to protect or defend our rights or property or those of Users; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Notice, or our Terms.
5. How We Protect the Information.
We use industry standard security measures to ensure the confidentiality, integrity and availability of data uploaded into IDseq. This includes practices like encrypting connections to IDseq using TLS, hosting IDseq on leading cloud providers with robust physical security, and ensuring that access to any personal data within IDseq by staff working on the tool is strictly limited. And as mentioned above, Raw Sample Data is never shared with anyone other than the User that uploaded the Sample. Even staff working on IDseq cannot access this information except as specifically instructed by a User, such as to debug an issue.
Security takes ongoing work and we will continue to monitor and adjust our security measures as IDseq develops. Please notify us immediately at email@example.com if you suspect your account has been compromised or are aware of any other security issues relating to IDseq.
6. How Long We Retain Data and Data Deletion.
We retain your personal data only as long as is reasonably necessary:
- Raw Sample Data and Sample Metadata is retained until Users delete it from IDseq. Users may submit deletion requests by emailing firstname.lastname@example.org and we will delete the requested Raw Sample Data and corresponding Report Data (including Sample Metadata) within 60 days.
- Report Data produced by IDseq will be retained on IDseq unless Users request their deletion.
- User Data is retained until Users delete their IDseq account as such data is required to manage the service. Users may submit account deletion requests by emailing email@example.com. We will delete personal data within 60 days following close of your account.
Please note that we do not control, and so cannot delete, personal data that Users have copied outside of IDseq.
7. Choices About Your Data.
If you are a User, you have the following choices:
- Users are able to request the deletion of User Data that constitutes their personal data or Raw Sample Data that they submitted to IDseq.
- Users are able to access and download Report Data relating to Upload Data they submitted within IDseq.
- Users may also object to the processing of User Data in certain circumstances by emailing firstname.lastname@example.org. In such cases, we will stop processing that data unless we have legitimate grounds to continue processing it -- for example, it is needed for legal reasons.
- Users can also contact us by emailing email@example.com should they wish to access, restrict the processing of, or rectify their User Data.
If a User has submitted Upload Data containing your personal data, please see below:
- We require Users who submit Upload Data to ensure they have all necessary consents, permissions, and authorizations to do so. We are unable to relate Upload Data to identifiable individuals and so cannot directly process requests from persons whose personal sequencing data may be contained in Upload Data. As a result, IDseq is able to receive access, restriction, rectification, objection, or deletion requests only from Users.
- If you believe your information has been uploaded to IDseq, you should contact the researcher or User that uploaded this information to (i) request access to the information, (ii) object to the processing of the information, or (iii) seek deletion, restriction, or rectification of the information. Similarly, if you previously provided consent to a researcher or User, you may have the right to withdraw that consent. You should contact the researcher or User to make such a withdrawal or otherwise exercise your rights.
Please contact us at firstname.lastname@example.org if you would like to exercise the privacy choices discussed above or if you have any questions. If your data is subject to the EU data protection law (e.g., GDPR) and you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority or by emailing us at email@example.com.
8. Data Transfers.
IDseq is a global service. By using IDseq, Users authorize us to transfer and store the uploaded data outside of your home country, including to the United States, for the purposes described in this Privacy Notice.
If you want to use IDseq, you must first agree to our Terms, which set out the contract between IDseq and our Users. We operate in countries worldwide (including in the United States) and use technical infrastructure in the United States to deliver the Services to you. In accordance with the contract between us and our Users, we need to transfer personal data to the United States and to other jurisdictions as necessary to provide the Services. Such transfers are necessary for important reasons of public interest, namely global health and providing information which can be used by researchers to better understand the spread of infectious diseases. Please note that the privacy protections and the rights of authorities to access your information in these countries may not be the same as in your home country.
9. How to Contact Us.
If you have any questions, comments, or concerns with this Privacy Notice, you may contact our Data Protection Officer (DPO) by email at firstname.lastname@example.org or by physical mail at the addresses below.
To comply with article 27 of the GDPR and the UK-GDPR, we have appointed a representative who can accept communications in relation to personal data processing activities falling within the scope of the GDPR or the UK-GDPR. If you wish to contact them, their details are as follows:
European GDPR Representative:
Bird & Bird GDPR Representative Services SRL
Avenue Louise 235
UK Data Protection Representative:
Bird & Bird GDPR Representative Services UK
12 New Fetter Lane
London EC4A 1JP
10. Changes to This Privacy Notice.
This Privacy Notice was last updated on the date above. We may update this Privacy Notice from time to time and will provide you with notice of material updates before they become effective.
Last Updated: April 1, 2021. See Recent Changes
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION IN SECTION 9 BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT PROVISION, YOU AND CZ BIOHUB (AND ITS PARTNERS AND AFFILIATES, INCLUDING WITHOUT LIMITATION CZI, LLC AND CZIF) AGREE THAT (1) DISPUTES BETWEEN US WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, AND (2) YOU AND CZ BIOHUB (AND ITS PARTNERS AND AFFILIATES, INCLUDING WITHOUT LIMITATION CZI, LLC AND CZIF) WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE ACTION.
Summary of Key Things to Know (see FAQ for more)
- IDseq does not provide medical advice.The output from IDseq does not constitute and should not be relied upon to provide medical advice, diagnosis or treatment. It is intended for research, educational, or informational purposes only.
- You must ensure that all personally-identifying information and Protected Health Information is fully removed from Sample Metadata before it is uploaded to IDseq.
- You are responsible for obtaining the permissions necessary to collect and submit the Upload Data. You represent that you have obtained, and will maintain, all consents, permissions, and authorizations needed to collect, share, and export Upload Data with IDseq, and for IDseq to use and share the information as described in its Privacy Notice.
- You may not attempt to re-identify Upload Data. By using IDseq, you agree that you will not attempt to re-identify any Upload Data with a person, and you will not disclose any Upload Data of other Users downloaded from the Database except for the limited purposes described in these Terms.
- IDseq does not own any research outputs you create with your Report Data, such as consensus genomes and phylogenetic trees for pathogens of interest. This is your data and you control it.
Here’s how IDseq works: Users submit Upload Data (as described below). This data may contain human and non-human genetic sequences (“Raw Sample Data” as further defined below), as well as information about those sequences, such as the date the sample was collected and the species it was collected from (“Sample Metadata” as further defined below). For example, a researcher might upload genetic information from mosquitoes, which are often a source of infectious disease, or from humans, who can be infected by such diseases. IDseq then processes this Upload Data in order to identify pathogens found within the genetic sequence (e.g., the mosquito may be carrying the chikungunya virus).
“Upload Data” is data that Users upload to IDseq (other than the information Users provide during registration to create an account). Upload Data consists of genetic sequence information (human or non-human) and metadata about those genetic sequences (such as time and location of sample collection). Upload Data includes Raw Sample Data and Sample Metadata.
“Raw Sample Data” is full genetic sequence data uploaded by Users. Genetic sequence data contains genetic information about pathogens in the sample and of the host from which the sample was taken. The host could be a human or non-human (e.g., mosquito). You should not be able to find any human sequence data in IDseq other than those embedded in samples you yourself have uploaded. This is because we filter out and discard host sequence data in order to generate Reports.
“Sample Metadata” includes information related to the Raw Sample Data, such as the host type (e.g., human or mosquito), upload date, and tissue type and free-text research notes entered by Users. This data should not include personally-identifying information regarding the individual to whom the Raw Sample Data relates.
“Report Data” is information IDseq produced from Upload Data. We generate Report Data by processing Upload Data through our Data Pipeline. IDseq’s “Data Pipeline” cleans (e.g., by removing duplicate nucleotides) and analyzes (e.g., by matching Raw Sample Data nucleotide sequences with known pathogen sequences) the Upload Data. Report Data may include, for example, data about the pathogen sequences identified in the Raw Sample Data and the frequency of such identification (“Pathogen Data”) or raw numeric counts of non-personally identifying gene expression profiles that were found in the Raw Sample Data (“Gene Counts”).
“Database” refers to both the data and database(s) of IDseq.
1. Upload and Report Data.
- 1.1 Use of Your Upload Data.We need limited rights to your Upload Data solely in order to offer IDseq for you and other Users. Specifically, you grant to us a worldwide, non-exclusive, royalty-free, transferable (in accordance with Section 9.2 below), perpetual and irrevocable (except as set forth herein), license (with the right to grant further licenses) to use, reproduce, distribute, display, and create derivative works (e.g. phylogenetic trees) from Upload Data in connection with providing, developing and improving IDseq. You may request deletion of your Upload Data from IDseq by emailing email@example.com and including a description of your Upload Data that you wish to have removed. We will delete the requested Upload Data within 60 days of your request. Please note, that our removal from IDseq will not impact any use of Upload Data by others you may have chosen to share it with prior to the effective date of removal and we are not able to require others Users to stop using Upload Data they accessed or downloaded prior to removal. More information about Upload Data can be found in our Privacy Notice.
- 1.2 Use and Visibility of Your Report Data.You understand that your Report Data is data generated by IDseq, does not contain personally-identifying information (i.e. personal data) and may be shared with other IDseq Users in order to further IDseq’s mission and advance the study of infectious diseases.
- 1.3 You represent and warrant to us and our service partners that (A) your provision of the Upload Data to IDseq complies with all applicable laws, rules, and regulations, including the Nagoya Protocol and relevant export laws (“Applicable Law”) and industry guidelines and ethical standards that apply to you (e.g. CIOMS or GA4GH) (“Applicable Standards”), and you will otherwise comply with all Applicable Law in connection with IDseq; (B) you have all consents, permissions, and authorizations necessary and sufficient to provide and export the Upload Data to us for the purposes described in these Terms and in our Privacy Notice and to grant the rights and permissions herein; and (C) the Upload Data -- and our use of the Upload Data in accordance with these Terms and our Privacy Notice -- does not and will not violate Applicable Law or infringe or violate any third party rights.
- 1.4 TO THE EXTENT UPLOAD DATA IS OBTAINED FROM A HUMAN, YOU AGREE NOT TO PROVIDE UPLOAD DATA IN A FORM THAT CAN IDENTIFY (DIRECTLY OR INDIRECTLY TAKING INTO ACCOUNT ALL THE MEANS REASONABLY LIKELY TO BE USED) THE PERSON TO WHOM THE DATA RELATES OR THAT CONSTITUTES OR WOULD CONSTITUTE “PROTECTED HEALTH INFORMATION” OR REGULATED HEALTH INFORMATION UNDER APPLICABLE LAWS, SUCH AS THE U.S. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”). For example, the Upload Data shall not include any personal identifiers, including without limitation name, address, dates, telephone numbers, e-mail addresses, or medical health records.
- 1.5 To the extent that any Upload Data is obtained from a human data subject, you also specifically represent and warrant to us and our service partners that (A) you have provided any required notice to, and obtained any necessary informed consent of, any such person for the collection, use, and provision to IDseq of the Research Data; and (B) your provision of the Upload Data to IDseq is covered under all such notices and consents, as well as Applicable Standards and Applicable Law. Please note that we filter out and discard human sequence data as part of generating Report Data because we don’t need this data for IDseq. See here for more details.
2. Authorization To Use IDseq.
- 2.1 Subject to and conditioned on your compliance with these Terms, we grant you permission to access and use IDseq in accordance with Applicable Law, solely for your own internal academic or internal scientific research purposes. You may not permit any third party to access or use or “share” your Account or IDseq. All persons wishing to access the Service must create their own separate account and agree to these Terms.
- 2.2 IDseq may not be used to provide medical or other services to any third party (for instance, to inform or provide disease diagnoses). IDseq is not intended to diagnose, treat, cure, or prevent any disease and is not a substitute for medical advice.
- 2.3 You shall not disclose or distribute the Database, in whole or in part, or any works derived from the Database to any third party for any purpose, except for the following:
- You may disclose the documents that you download from the Database using IDseq’s intended functionality to your employees and agents who are registered Users of the Service and who are engaged in conducting your research (“Research Associates”) for the sole purpose of carrying out your internal research. Your Research Associates must also agree to use IDseq and Database in accordance with these Terms.
- You may share research findings derived from use of IDseq to others, including with the public, so long as these findings include no personally-identifying information and you comply with Applicable Law and these Terms.
- You may disclose the Database to the minimum extent necessary to comply with Applicable Law or court order, so long as you promptly notify us prior to making such disclosure (to the extent Applicable Law and court order permit you to so notify us).
3. Limitations On Use.
- 3.1 You shall not re-identify or attempt to re-identify any Database records or content for any purpose other than responding to a request from the individual whom the record within your Upload Data is about, including without limitation to make employment decisions or to make eligibility, coverage, underwriting, premium-setting or other decisions with respect to insurance.
- 3.2 You shall not otherwise access or use, or attempt to access or use, IDseq to take any action that could harm us, IDseq or its Users, or any third party, or use IDseq in any manner that violates Applicable Law or infringes or otherwise violates third party rights.
- 3.3 You represent and warrant that you are a natural person of legal age who is competent and able to enter into and carry out these Terms, and, if you are using IDseq on behalf of any entity, that you are authorized to enter into these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violates these Terms.
- 3.4 We may restrict or terminate your access to IDseq at any time, including for breach of these Terms. In such case we will attempt to provide you notice through the contact information we have for you.
4. Registration And Contact Information.
- 4.1 To access IDseq you will need to be a registered “User.” At registration, you will be asked to provide certain information (“Account Information”) to create an individual user account (an “Account”). You agree that you will not create more than one Account, or create an Account for anyone other than yourself. You may not share your Account credentials.
- 4.2 You agree to keep your Account Information accurate and up-to-date. You agree that we may send to the e-mail address you provide us or otherwise electronically deliver notices or communications regarding IDseq, including notices of updates to these terms and the Privacy Notice.
5. Changes To IDseq Or These Terms.
- 5.1 Changes to IDseq.We may, from time to time, withdraw, suspend, change or update IDseq (including the Database) or its features without notice, subject to Applicable Law. Neither we, nor our service providers, will be liable if all or any part of IDseq is unavailable or changes at any time.
- 5.2 Changes to these Terms.We may update these Terms from time to time and will notify you of material changes to the Terms, prior to their becoming effective. If you do not agree to the updated Terms, your remedy will be to close your Account prior to the effective date of those changes.
- 5.3 Closing Your Account.You can close your Account at any time. Just contact us at firstname.lastname@example.org.
6. Intellectual Property And Security.
- 6.1 Intellectual Property Rights.Just because you upload data to IDseq, you are not giving us any ownership of your intellectual property rights (see Section 1.1 above). Subject to these Terms, we grant you a limited right to access IDseq, and we reserve all other of our intellectual property rights in IDseq. Using IDseq does not give you any ownership in our IDseq, our services or the content or information made available through IDseq that is not already yours. Trademarks and logos used in connection with IDseq are the trademarks of their respective owners. Our logos and other trademarks, service marks, graphics, and logos used for our services are trademarks or registered trademarks of ours and these Terms do not grant you any rights to use them.
- 6.2 Feedback.We’d love your feedback about how to improve IDseq at email@example.com. That said, by giving us feedback, you agree that we can use and share it for any purpose without compensation to you. You agree that we are not required to use your feedback.
- 6.3 Security.You will establish, implement, and maintain appropriate physical, technical and organizational measures that are designed to: (a) protect the security and integrity of any network or system used to access IDseq, including any Database records; and (b) guard against the accidental or unauthorized access, use, alteration or disclosure of IDseq through your Account. Please notify us immediately at firstname.lastname@example.org if you suspect your Account has been compromised or are aware of any other security issues relating to IDseq.
- 7.1 In order to further infectious disease research, we rely upon Users to upload data to the Database. We and our service providers do not review or correct any data uploaded into IDseq. If you would like to report any issue with IDseq or the Database please contact us at email@example.com. IDseq is not intended as a storage service, so please back up your Upload Data using a secure service of your choice.
- 7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- 7.2.1 YOUR ACCESS AND USE IDSEQ AT YOUR SOLE RISK AND AGREE THAT WE AND OUR SERVICE PROVIDERS WILL NOT BE RESPONSIBLE FOR ANY ACTIONS YOU TAKE BASED ON IDSEQ OR FOR ANY INACCURATE DATA OR OUTPUTS OF IDSEQ (INCLUDING MISIDENTIFICATION OF -- OR THE FAILURE TO IDENTIFY -- DISEASE SEQUENCES).
- 7.2.2 IDSEQ IS PROVIDED “AS IS” WITH ALL FAULTS, AND WE AND OUR SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM THE COURSE OF DEALING, USAGE, OR TRADE PRACTICE) WITH RESPECT TO IDSEQ. IDSEQ IS NOT INTENDED TO BE USED AND SHOULD NOT BE USED AS A MEDICAL DEVICE OR FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT.
- 7.2.3 FOR CLARITY AND WITHOUT LIMITING THE FOREGOING, WE AND OUR SERVICE PROVIDERS DO NOT MAKE ANY GUARANTEES (I) REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY OR INTEGRITY OF IDSEQ, (II) THAT IDSEQ WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM OR OTHER DATA, OR (III) THAT IDSEQ WILL MEET ANY REQUIREMENTS OF ANY PERSON OR ENTITY, OR ANY REGULATORY APPROVALS OR REQUIREMENTS. WITHOUT LIMITATION, YOU ACKNOWLEDGE THAT IDSEQ IS NOT A BUSINESS ASSOCIATE FOR PURPOSES OF HIPAA.
8. Indemnification, Limitation Of Liability, And Choice Of Law.
- 8.1 To the maximum extent permitted by Applicable Law, you agree to indemnify and hold harmless CZ Biohub, its affiliates (including without limitation the Chan Zuckerberg Initiative Foundation (CZIF), the Chan Zuckerberg Initiative, LLC (CZI LLC), and their successors, assigns, officers, directors, employees, and agents (collectively, the “CZ Biohub Protected Parties”)) from and against any and all liabilities, costs, damages, charges, losses, penalties, judgments, settlements, and expenses (including reasonable attorney’s fees) (“Losses”) arising out of or related to any suit, demand, action, proceeding, or other claim by a third party (“Claims”) arising out of or relating to: (a) your actual or alleged failure to comply with Applicable Law or these Terms, (b) your Research Data, or (c) your actual or alleged violation of any third party rights.
- 8.2 LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CZ BIOHUB PROTECTED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL) IRRESPECTIVE OF WHETHER SUCH DAMAGES ARISE FROM CLAIMS BROUGHT IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY AT LAW OR IN EQUITY, AND EVEN IF ANY CZ BIOHUB PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE CZ BIOHUB PROTECTED PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR IDSEQ EXCEED USD $100. THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION 9 DO NOT APPLY TO LOSSES ARISING FROM A CZ BIOHUB PROTECTED PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IF ANY LIMITATION IN THIS SECTION 9 IS UNENFORCEABLE IN ANY INSTANCE, THEN SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
- Choice of Law / Jurisdiction / Venue. These Terms, and all matters arising out of or relating to these Terms, whether sounding in contract, tort, or statute, will be governed by, and construed in accordance with, the laws of the State of California and/or applicable federal law (including the Federal Arbitration Act), without regard to conflict of law provisions. Subject to and without waiver of the arbitration provisions below, and unless prohibited by the laws of your country, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of San Mateo, California, or federal court for the Northern District of California. For countries where this is not permissible, this won’t deprive you of any protection you have under the law of the country where you live, or access to the courts in that country.
9. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
THIS SECTION CONSTITUTES AN ARBITRATION AGREEMENT (“Arbitration Agreement”); IT REQUIRES YOU AND CZ BIOHUB AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION THE CHAN ZUCKERBERG INITIATIVE FOUNDATION AND CHAN ZUCKERBERG INITIATIVE, LLC (COLLECTIVELY, THE “CZ Parties”) TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION, SO PLEASE READ IT CAREFULLY.
- Applicability. You and the CZ Parties agree that all Disputes, including Enforceability Disputes, will be resolved exclusively in binding arbitration on an individual basis, except that you and the CZ Parties are not required to arbitrate IP Disputes. Notwithstanding the foregoing, either you or the CZ Parties may bring an individual action in small claims court.
- A “Dispute” means a dispute, claim or controversy arising out of or relating to the CZ Parties’ products or these Terms; or whether that dispute is (1) based on past, present or future events; and (2) in contract, warranty, state, regulation, or other legal or equitable basis.
- An “Enforceability Dispute” means a Dispute relating to the interpretation, applicability, or enforceability of this Arbitration Agreement, including the formation of the contract, the arbitrability of any Dispute, and any claim that all or any part of this agreement is void or voidable.
- An “IP Dispute” means a Dispute relating to the ownership or enforcement of intellectual property rights.
- Waiver of Jury Right. YOU AND THE CZ Parties ARE EXPRESSLY GIVING UP ALL RIGHTS TO A JURY TRIAL OR COURT TRIAL BEFORE A JUDGE. The arbitrator’s decision will be final and binding on both you and us, subject to review solely on the grounds set forth in the Federal Arbitration Act (“FAA”).
- Waiver of Class or Consolidated Actions. YOU AND THE CZ PARTIES AGREE THAT ALL DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS. The validity of this waiver – and whether an action may proceed as a class, collective or representative action – must be decided by a court.
- Initiating a Dispute.
- To initiate a Dispute, a party must send to the other party written notice of that Dispute containing: (a) the name, address, and contact information of the party giving notice; (b) the facts giving rise to the Dispute; and (c) the relief requested.
- You and we agree that we shall (in good faith) meet and attempt to resolve the Dispute within 30 days. If the Dispute is not resolved during that time period, then you and a representative of the applicable IDseq Party shall (in good faith) meet and attempt to resolve the Dispute through non-binding mediation with a mutually agreed-upon mediator within 30 additional days. If you and we do not reach an agreement to resolve the dispute within that 60-day period, you or we may commence an arbitration proceeding or file a claim in small claims court.
- Arbitration Rules and Procedure.
- Rules. The FAA governs the interpretation and enforcement of this Arbitration Agreement. Judicial Arbitration & Mediation Services, Inc. (“JAMS”) will administer the arbitration before a single arbitrator, and the arbitration will be initiated and conducted according to the Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), to the extent they are not inconsistent with the terms of this agreement. The JAMS Rules and instructions about how to initiate an arbitration are available at https://www.jamsadr.com/rules-streamlined-arbitration (as of the date of this agreement) or 1-800-352-5267.
- Fees. Pursuant to the JAMS Consumer Arbitration Minimum Standards, the CZ Parties will bear all costs of the arbitration (including any JAMS Case Management Fee and all professional fees for the arbitrator’s services), except for the filing fee if you are the party initiating the arbitration.
- Manner and Location of Arbitration. You may choose to have the arbitration conducted by telephone, in writing, online, or in person. If in person, you may choose to have the arbitration conducted (a) in San Mateo County, California, (b) in the county where you live, or (c) at another location that you and we agree upon.
- Confidentiality. All aspects of the arbitration, including without limitation the record of the proceeding, are confidential and will not be open to the public, except (a) to the extent both parties agree otherwise in writing, (b) as may be appropriate in any subsequent proceedings between the parties, or (c) as may otherwise be appropriate in response to a governmental agency or legal process, provided that the party upon whom such process is served shall give immediate notice of such process to the other party and afford the other party an appropriate opportunity to object to such process.
- Opt-Out. You may opt out of this Arbitration Agreement by notifying us by mail no later than 30 days after first becoming subject to it. Your notice must include your name, address, and a clear statement that you want to opt out of this Arbitration Agreement.
- Severability. If any portion of this Arbitration Agreement is found to be unlawful, void or for any reason unenforceable, then that portion shall be severed and the remainder of this Arbitration Agreement shall be given full force and effect.
- 9.1 Severability. In the event any part of these Terms is deemed unenforceable, the remaining portion will remain in effect and you and we expressly authorize a court of competent jurisdiction to make the modifications that are necessary to comply with existing law, in a manner most closely representing the original intent of you and us as expressed in these Terms.
- 9.2 Assignment.Y ou may not assign or delegate your rights or obligations under these Terms, in whole or in part, without our prior written approval (not to be unreasonably withheld); any assignment or delegation in violation of this provision will be null and void. We may assign our rights or delegate our obligations under these Terms. In the event of an assignment by us, we will provide you notice through the Service or contact information you have provided to us and these Terms shall otherwise remain in full force and effect and shall bind the permitted assignee.
- 9.3 Amendment. No waiver of any of the provisions of the Terms will constitute a waiver of any other provision (whether or not similar). No waiver will be binding unless executed in writing by the party to be bound by the waiver.
11. Contact Information.
- If you have any questions, comments, or concerns with Terms, you may contact us at firstname.lastname@example.org.
- Our mailing address is:
Chan Zuckerberg Initiative Foundation
c/o The Chan Zuckerberg Initiative
Attn: General Counsel
2682 Middlefield Road, Suite i
Redwood City, CA 94063
With a courtesy copy via email to: email@example.com