1.1. Legal Compliance
You represent and warrant that you will comply with all laws and regulations applicable to your use of the Cloud Services and Additional Services.
1.2. Your Responsibilities
You are responsible for your conduct, Client Data, and communications with others while using the Cloud Services. You must comply with the following requirements when using the Data Sharing Services:
- You may not purchase, use, or access the Data Sharing Services for the purpose of building a competitive product or service or for any other competitive purposes.
- You may not misuse Data Sharing Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.
- You may not circumvent or attempt to circumvent any limitations that CDQ imposes on your account.
- Unless authorized by CDQ in writing, you may not probe, scan, or test the vulnerability of any CDQ system or network.
- Unless authorized by CDQ in writing, you may not use any manual or automated system or software to extract or scrape data from the websites or other interfaces through which we make our Data Sharing Services available.
- Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Data Sharing Services, or attempt to do so.
- You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Data Sharing Services.
- You may not engage in abusive or excessive usage of the Data Sharing Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Data Sharing Services for other users. CDQ will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to CDQ.
- You may not use the Data Sharing Services to infringe the Intellectual Property Rights of others, or to commit an unlawful activity.
- Unless authorized by CDQ in writing, you may not resell or lease the Data Sharing Services.
- You may not register accounts by “bots” or other automated methods.
- Your Client Data and use of the Cloud Services Data Sharing Services may not violate our Content Policy.
1.3 Obligations with respect to special information provided by you
You must comply with all applicable laws (including, but not limited to, privacy and data security laws) and represent and warrant that you will not use the Data Sharing Services to violate such laws.
- accept full responsibility and liability of ensuring such information is adequately and completely excluded and
- will indemnify, defend and hold CDQ harmless for all claims, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or in connection with a failure to meet this obligation.
Both parties agree to
- notify the other party if it discovers that personally identifiable information (with the exception of mere business contact information) has been collected and
- immediately and permanently delete such personally identifiable information (with the exception of mere business contact information) upon discovery or written request from the other party.
1.4 Obligations within the Data Sharing Community
Community Members and CDQ agree on the following guidelines and principles Community Members towards each other and between CDQ and the Community Members.
Open community: According to antitrust regulation, the Data Sharing Community does not exclude any company per se. However, due to data quality and collaboration performance in data sharing processes, a Community Member may be excluded from the data sharing with peers (see below).
Hide data relations: CDQ receives Client Data from the Community Members and thereby knows which Client uses a data set (i.e. Client and/or supplier relation). However, CDQ hides this information from other Clients and provides Shared Data anonymously. Thus, Clients do not know about which Shared Data is used by which other community member.
No research capabilities: To find a data set in the Shared Data Pool, a Community Member must be able to specify the data set, i.e. the approximate name and the location, or the VAT number. Category search (e.g. “hospitals in Shanghai”) is not allowed and technically disabled by CDQ.
Data storage in Europe: Shared Data is entirely stored and processed on servers in Switzerland and the European Union and thus protected by the Swiss data privacy law (which is equivalent in relevant parts to European Union law). Compliance with data privacy law: All Community Members and CDQ commit themselves to managing data in compliance to Swiss data privacy law (and equivalent law of the European Union, in particular the General Data Protection Regulation). Active participation: Community Members are not just consumers of Data Sharing Services, they are engaged in multiple roles to improve and extend data resources, e.g. Shared Data Pool or Metadata. Ratio and quality of updates per Community Member shall be balanced across all Community Members.