LEGAL ADVICE AND PRIVACY POLICY FOR USERS OF REDCap IN IDIBELL

LEGAL ADVICE

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  1. Terms and conditions

Research Electronic Data Capture (from now on, REDCap or Application) is a secure web application to create and manage surveys and online databases. Although REDCap can be used to collect almost any type of data, it is specifically designed for the introduction of data for research studies. IDIBELL is associated with the REDCap Consortium, from which it will be able to find more information on projectREDCap.org.

Access and navigation through the web application ascribe the User condition and imply the full and unreserved acceptance of each of the provisions included in this Legal Warning and Privacy Policy. In the event of an update, he will be adequately informed to consider the rights and duties that apply to him during the accesses mentioned above and navigation.

Also, for any doubt the user has regarding using the REDCap in the IDIBELL, he can contact ubidi@idibell.cat.  

 

  1. User's rights and obligations

Once the current record is complete, the user has the right to browse the website, observe the rules established in its notices and policies at all times, and the right to have your information processed with respect and maximum privacy, which is why we have provided adequate Privacy and Data Protection Policy.

The user must always respect the terms and conditions established in this legal notice. Expressly, the user states he will use the portal diligently and assume any liability that may arise from the breach of rules.

In those cases, in which they request data or information, the user is obliged not to falsify their identity by posing as any other person.

The user accepts that the application will be used strictly for professional purposes.

Since user-included data may be linked to a biomedical research project, the user assumes responsibility before including it within the REDCap:

  • To obtain the approval of the Accredited Ethics Committee (CEIm or CEI) if the data to be included comes from data or samples of human origin.
  • To provide the patient with the information sheet and to have obtained the consent Reported of it in case the approval of the CEim is subject to this requirement.
  • To have a Data Transfer Agreement, or any other data transfer agreement, if the data to be included comes from an external center of which the user is part.
  • If the data came from research projects using mice, hamsters, or zebrafish, obtain the ethical committee for animal experimentation's approval.

Both access to the application, and the use of the information and content contained in it, will be the exclusive responsibility of those who do so. Therefore, the use of the application that can be made of information, images, content, and/or products highlighted and accessible through it will be subject to legality, whether national or international, applicable, as well as to the principles of good faith and legal use by users, who will be entirely responsible for this access and correct use. Users will be obliged to make reasonable use of services or content, under the principle of good faith and respect for the legality in force, morality, public order, good customs, third-party rights, or IDIBELL itself, all according to the possibilities and objectives for which they are conceived.

IDIBELL does not assume direct or indirect responsibilities for emerging damage or enduring profit resulting from users or third parties' misuse of services or content.

Also, the user may not use the website to transmit, store, disclose, promote, or distribute data or content carriers of viruses or any other compute code, files, or programs designed to interrupt, destroy or impair the operation of any application, computers or telecommunications equipment.

It is recommended that users comply with the following security measures to guarantee the confidentiality of the data included, as well as the integrity and availability of the REDCAP:

  • Use REDCAP from software and antivirus programs updated.
  • Save user and password securely and not make it easier for other people, not even for system maintenance purposes.
  • Don't use an easily deductible password.
  • Do not use the option to save the password offered to the user to avoid re-entering it on each connection.
  • Block access to the computer equipment used and the mail account if they leave the workstation.

The user undertakes to indemnify and hold harmless the website for any damage, prejudice, penalty, fine, penalty, or compensation that may have to have the website.

 

  1. Navigation

Access and navigation through the application require prior registration, which will have to be authorized by the staff responsible for managing the IDIBELL Biestist Unit project.

 

  1. Confidentiality rules 

Your data may be collected when the user browses the website, and, in this case, IDIBELL will respect the provisions of the Privacy Policy and Cookies Policy.

The application can automatically detect the user's IP address and domain name. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is registered in a server activity file duly registered that allows the subsequent processing of the data to obtain only statistical measurements that allow knowing the number of page impressions, the number of visits made to the web servers, the order of visits, the access point, and to assess other Website' aspects.

Users must maintain the confidentiality of all information they access relating to our services or confidential aspects.

 

  1. Software of the web and its design

IDIBELL is licensed to use this application and is a partner of the REDCap Consortium (https://projectREDCap.org/partners/). Users are not allowed to use programming code, software, or design, with the latter being responsible for any fraudulent purpose or use to the detriment of the rights of the IDIBELL or third party. More information about the REDCAP project and the use of licenses can be found at https://projectREDCap.org/about/faq/

 

  1. Responsibility 

IDIBELL does not guarantee the continuous and permanent availability of the services, and IDIBELL has not any responsibility for possible damages caused as a result of the lack of availability of the service due to force majeure or errors in the telematic networks of transfer data, alien to their will, or disconnections made for improvement or maintenance of equipment and computer systems. In these cases, IDIBELL will do its best to notify the interruption, suspension, or termination of the information or services.

Also, not responsible for possible omissions, loss of data, settings, improper access, or breach of confidentiality that have their origin in technical problems, communications, or human failures, caused by third parties or not attributable to the website. Nor will it be liable for damages caused by computer attacks or caused by viruses that affect computer programs, communications systems, or equipment used by the website but manufactured or provided by a third party.

The availability of access to the REDCAP application will be determined by maintaining license permits to use it. In this sense, the IDIBELL will not be able to be responsible for any service suspension that is determined by a projectREDCap.org decision, whether concerning the base license or its updates.

IDIBELL declines all responsibility for computer damage or any other type that may be caused to the user when accessing the website's contents. Therefore, IDIBELL does not guarantee the absence of viruses or other harmful elements that could cause damage or alterations to the computer system, electronic documents, or files belonging to the user or third parties. IDIBELL does not guarantee or assume any responsibility for the possible damages caused by the use of information and data of its website, except in those cases in which the law expressly imposes the contrary. In any case, the portal excludes any liability for damages and losses due to the information and/or services provided or provided by third parties other than the owner. All responsibility will be the third party, whether provider, collaborator, or other.

IDIBELL will be able to its discretion, deny, withdraw, suspend and/or block at any time, and without warning, access to information and services to users who breach the present rules. In any case, this circumstance will be communicated to the user as soon as possible to include corrective measures that guarantee the integrity and disponibility of the systems and/or comply with the applicable legislation.

Except where the Act expressly imposes the opposite, and exclusively with the measure and extent to which it assesses, no liability is guaranteed or assumed for damages caused by software, data and portal services.

 

  1. Applicable law and jurisdiction   

IDIBELL also reserved the right to file civil or criminal actions it deems appropriate for the improper use of its website and content or breaking these conditions.

Current Spanish regulations will govern the relationships between IDIBELL and User, and any dispute will be submitted to the Court and Tribunals of the city of Barcelona.

 

PRIVACY POLICY

In compliance with the obligations established in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights and the General Regulation of Data Protection (RGPD), which is the Regulation (EU) 2016/679 of the Parliament and of the Council, of April 27, 2016, it is reported that the person in charge of the treatment of your personal data is Institut d'Investigació Biomètrica de Bellvitge (IDIBELL)CIF G58863317, with address Av/ Gran via de L'Hospitalet, nº 199-203, 08908, Hospitalet de Llobregat, his personal data included in the REDCap platform (name and surnames, email, access IP), in order to manage his record on the REDCap platform and its associated services (Management of his data for record creation; management of his data for application access control and created databases; handling of his contact data to settle doubts or suggestions made; providing the services offered by the Biostatistic Unit, as well as to regulate and comply with the legal obligations of the relationship linking us). In addition, information may be used anonymously to conduct statistical studies of registered users.

You have provided your data by implementing the included forms supplied by the IDIBELL Biostatistic Unit or the emails sent with the Unit mentioned above. Its data may also have been provided by the Principal Investigator of the associated project and who has authorized its access within the platform above.

The center with whom it maintains a working relationship with the Investigator mentioned above, or the project promoter, is responsible for processing its data and can request more information on the matter directly. The basis for legitimation of this data processing is its consent, through the inclusion of its user and password in the application and contractual obligations. No concessions will be made to third parties, except if there is a legal obligation or requirement. Nor are any international transfers of data planned beyond those provided for in the research project carried out by the user, and it will be the latter who will have to carry out the process of legitimizing them.

The application only uses its session cookies for technical purposes (those that allow the user to navigate through the REDCap and use the different options and services of the user).

You will be able to request more information on the processing of data performed and exercise access rights, rectification, deletion, opposition, portability, and limitation of the process by sending a request through the email address dataprotection@idibell.cat. You will also be able to contact the data protection delegate of the IDIBELL via dataprotection@idibell.cat. Furthermore, if you consider that you have not obtained satisfaction in the exercise of your rights, you will be able to file a complaint before the Catalan Data Protection Agency, and you will be able to find more information on the processing of your data from the IDIBELL to the following Privacy Policy.

In the event of any conduct or situation that could be likely to generate an incident or irregularity of any kind in the application, please contact via email cau@idibell.cat, with a copy to dataprotection@idibell.cat.

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