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Common use of Privacy Requirements Clause in Contracts

Privacy Requirements. In keeping with TCIA’s grant-funded mandate from NIH, the Dataset is considered de-identified information as defined by the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). However, some Datasets may be susceptible to three- dimensional reconstruction of the face, head, or body such that reidentification is theoretically possible. User will take the following steps in order to protect the privacy rights of all individuals whose images are included within the Dataset: 3.1. User will not use the Dataset, either alone or in concert with any other information, to make any effort to identify or contact individuals who are or may be the sources of the information in the Dataset without specific written approval from UAMS and appropriate Institutional Review Board (IRB) approval, if required pursuant to 45 C.F.R. Part 46. If User inadvertently receives identifiable information or otherwise identifies a subject, User will promptly notify UAMS and follow UAMS’s reasonable written instructions, which may include the return or destruction of identifiable information. 3.2. User is strictly prohibited from generating or using images or comparable representations of the face, head, or body for facial recognition, reidentification, or other purposes that could allow the identities of research participants to be readily ascertained. 3.3. User is prohibited from using the Dataset to reconstruct representations of the face, head, or body unless approved in Exhibit A for scientifically valid purposes unrelated to reidentification. 3.4. User will not request, and UAMS will not release, the key codes to the Dataset to the User. Further, User will not request the key codes from any third parties that provided the Dataset to UAMS. 3.5. User will follow relevant institutional policies and applicable federal, state, and local laws and regulations (if any) concerning the completion of IRB or ethics review or approval that may be required for the Project. 3.6. User will not use or further disclose the Dataset other than as permitted by this License or as otherwise required by law. User shall report to UAMS promptly upon User’s discovery of any unauthorized use or disclosure of the Dataset not permitted by this License. User shall provide the following information: (1) the nature of the use or disclosure; (2) the information used or disclosed; (3) the identity of the persons and/or entities that made the use or disclosure; and

Appears in 1 contract

Samples: License Agreement

Privacy Requirements. In keeping with TCIA’s grant-funded mandate from NIH, the Dataset is considered de-identified information as defined by the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). However, some Datasets may be susceptible to three- three-dimensional reconstruction of the face, head, or body such that reidentification is theoretically possible. User will take the following steps in order to protect the privacy rights of all individuals whose images are included within the Dataset: 3.1. User will not use the Dataset, either alone or in concert with any other information, to make any effort to identify or contact individuals who are or may be the sources of the information in the Dataset without specific written approval from UAMS and appropriate Institutional Review Board (IRB) approval, if required pursuant to 45 C.F.R. Part 46. If User inadvertently receives identifiable information or otherwise identifies a subject, User will promptly notify UAMS and follow UAMS’s reasonable written instructions, which may include the return or destruction of identifiable information. 3.2. User is strictly prohibited from generating or using images or comparable representations of the face, head, or body for facial recognition, reidentification, or other purposes that could allow the identities of research participants to be readily ascertained. 3.3. User is prohibited from using the Dataset to reconstruct representations of the face, head, or body unless approved in Exhibit A for scientifically valid purposes unrelated to reidentification. 3.4. User will not request, and UAMS will not release, the key codes to the Dataset to the User. Further, User will not request the key codes from any third parties that provided the Dataset to UAMS. 3.5. User will follow relevant institutional policies and applicable federal, state, and local laws and regulations (if any) concerning the completion of IRB or ethics review or approval that may be required for the Project. 3.6. User will not use or further disclose the Dataset other than as permitted by this License or as otherwise required by law. Additionally, User will not use or further disclose any derivative works or derivative data of the Dataset, in any case in whole or in part, that could be used to reconstruct a facial image. User shall report to UAMS promptly upon User’s discovery of any unauthorized use or disclosure of the Dataset not permitted by this License. User shall provide the following information: (1) the nature of the use or disclosure; (2) the information used or disclosed; (3) the identity of the persons and/or entities that made the use or disclosure; andand (4) what corrective action will be taken by User as a result of the use or disclosure. User shall take any other reasonable actions available to it to mitigate any detrimental effects of the use or disclosure.

Appears in 1 contract

Samples: Restricted License Agreement

Privacy Requirements. In keeping with TCIA’s grant-funded mandate from NIH, the Dataset is considered de-identified information as defined by the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). However, some Datasets may be susceptible to three- three-dimensional reconstruction of the face, head, or body such that reidentification is theoretically possible. User will take the following steps in order to protect the privacy rights of all individuals whose images are included within the Dataset: 3.1. User will not use the Dataset, either alone or in concert with any other information, to make any effort to identify or contact individuals who are or may be the sources of the information in the Dataset without specific written approval from UAMS and appropriate Institutional Review Board (IRB) approval, if required pursuant to 45 C.F.R. Part 46. If User inadvertently receives identifiable information or otherwise identifies a subject, User will promptly notify UAMS and follow UAMS’s reasonable written instructions, which may include the return or destruction of identifiable information. 3.2. User is strictly prohibited from generating or using images or comparable representations of the face, head, or body for facial recognition, reidentification, or other purposes that could allow the identities of research participants to be readily ascertained. 3.3. User is prohibited from using the Dataset to reconstruct representations of the face, head, or body unless approved in Exhibit A for scientifically valid purposes unrelated to reidentification. 3.4. User will not request, and UAMS will not release, the key codes to the Dataset to the User. Further, User will not request the key codes from any third parties that provided the Dataset to UAMS. 3.5. User will follow relevant institutional policies and applicable federal, state, and local laws and regulations (if any) concerning the completion of IRB or ethics review or approval that may be required for the Project. 3.6. User will not use or further disclose the Dataset or any derivative works or derivative data of the Dataset, in any case in whole or in part, other than as permitted by this License or as otherwise required by law. User shall report to UAMS promptly upon User’s discovery of any unauthorized use or disclosure of the Dataset not permitted by this License. User shall provide the following information: (1) the nature of the use or disclosure; (2) the information used or disclosed; (3) the identity of the persons and/or entities that made the use or disclosure; and

Appears in 1 contract

Samples: License Agreement

Privacy Requirements. In keeping with TCIA’s grant-funded mandate from NIH, the Dataset is considered de-identified information as defined by the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). However, some Datasets may be susceptible to three- dimensional reconstruction of the face, head, or body such that reidentification is theoretically possible. User will take the following steps in order to protect the privacy rights of all individuals whose images are included within the Dataset: 3.1. User will not use the Dataset, either alone or in concert with any other information, to make any effort to identify or contact individuals who are or may be the sources of the information in the Dataset without specific written approval from UAMS and appropriate Institutional Review Board (IRB) approval, if required pursuant to 45 C.F.R. Part 46. If User inadvertently receives identifiable information or otherwise identifies a subject, User will promptly notify UAMS and follow UAMS’s reasonable written instructions, which may include the return or destruction of identifiable information. 3.2. User is strictly prohibited from generating or using images or comparable representations of the face, head, or body for facial recognition, reidentification, or other purposes that could allow the identities of research participants to be readily ascertained. 3.3. User is prohibited from using the Dataset to reconstruct representations of the face, head, or body unless approved in Exhibit A for scientifically valid purposes unrelated to reidentification. 3.4. User will not request, and UAMS will not release, the key codes to the Dataset to the User. Further, User will not request the key codes from any third parties that provided the Dataset to UAMS. 3.5. User will follow relevant institutional policies and applicable federal, state, and local laws and regulations (if any) concerning the completion of IRB or ethics review or approval that may be required for the Project. 3.6. User will not use or further disclose the Dataset or any derivative works or derivative data of the Dataset, in any case in whole or in part, other than as permitted by this License or as otherwise required by law. User shall report to UAMS promptly upon User’s discovery of any unauthorized use or disclosure of the Dataset not permitted by this License. User shall provide the following information: (1) the nature of the use or disclosure; (2) the information used or disclosed; (3) the identity of the persons and/or entities that made the use or disclosure; and

Appears in 1 contract

Samples: License Agreement