4. Rights to Access, Rectify, Cancel, and Object
4.1. You have the right to access, rectify, cancel, and object to the processing of your personal data by directing any such requests to Ethica Data Services, Inc. (with Business Number 847090834RC0001) to the address 273 Lawrence Ave E, North York, ON M4N 1T6, Canada as stated in the applicable privacy laws.
5. Data Collection from Researchers
As a Researcher, we collect information relating to you and your use of our Services from a variety of sources:
5.1. Information We Collect Directly From the Researcher
a. Registration information: information you provide to us when you register for an account.
b. "My Profile" settings: you can view and edit various preferences and personal details on “My Profile” settings. For example, your email address, avatar, and your name.
c. Study design data: We store the information you enter as part of designing your study on Ethica. This information will be passed to Participants’ devices who are willing to enrol in your study. It includes study name, consent form, duration, and type of data being collected.
d. Plan + Billing info: we store information about your Plan. If you are subscribed to a paid account, we require you to provide your billing details.
e. Other data you want to share: We may collect your personal information or data if you submit it to us in other contexts. For example, if you provide us with a testimonial.
5.2. Information We Collect About the Researcher Indirectly or Passively When Interacting With Us
a. Usage data: Ethica Data collects usage data about the Researcher whenever he or she interacts with our services.
b. Device and application data: Ethica Data collects data from the device and application the Researcher uses to access our services, such as the IP address and browser type. We may also infer the geographic location based on the Researcher IP address.
c. Referral data: if the Researcher arrives at a Ethica Data website from an external source (such as a link on another website or in an email), we record information about the source that referred the Researcher to Ethica Data.
d. Information from cookies and page tags: Ethica Data uses third party tracking services such as Google Analytics that employ cookies and page tags (also known as web beacons or web bugs) to collect aggregated and anonymized data about visitors to our websites. This data may include usage and similar statistics.
6. Data Collection From Participants
6.1. As a Participant, you can use your Ethica Data account to participate in a study, conducted by a Researcher affiliated with a scientific institution, who usually is the same person invited you to participate in the Ethica Data’s study.
6.2. Prior to joining a study, you will be presented with the consent form related to the study. The consent form will specify, among other things, (1) what is the purpose of the study (2) what are the potentials risks or benefits to you as the Participant (3) what type of data is being collected (each referred to as a Data Source) (4) how the data will be handled and who will have access to the data (5) how you can contact the Researcher (6) what is the withdrawal process.
6.3. Upon accepting the consent form, for the duration of the study, and as long as the Applications remain installed on your device, the Applications will collect the Data Sources specified in the consent form through one or both of the following methods:
- Automatically without your direct involvement which may include (a) recording data from your smartphone’s embedded sensors such as GPS, motion sensors, and environmental sensors; (b) data from wearable devices paired with your smartphones; and (c) other digital footprints such as screen time or app usage statistics.
- Through your direct interaction with the the Ethica Data app in the form of responding to survey questions, or performing other study-related tasks.
6.4. The Applications may not collect certain Data Sources from your device, even though they are mentioned in the consent form, due to technical limitations or platform restrictions. For example, certain Data Sources are not available on Apple’s iOS, or certain Android devices do not have the hardware required for specific Data Sources. In this case, the Data Source is not recorded from your device.
6.5. Data Sources We May Collect From the Participant, While Enrolled in a Study
6.5.1. Contact Network
126.96.36.199. Technical Definition: Bluetooth allows the device to detect nearby devices, determine their type (e.g., computer, smartphone or radio-controlled toy), and estimate their proximity. This can be used as a proxy for human proximity, as smartphones are often on or proximate to their owners. Devices in the proximity can only be detected if they are in discoverable mode, which must be specifically enabled by their users. Modern phones are by default non-discoverable to save power, so users must specifically enable discoverable mode, providing implicit consent for monitoring. If the study you are participating requires monitoring Contact Network, your phones are locked in discoverable mode. You as a Participant will be informed of this in the consent form and throughout the study via the Applications.
188.8.131.52. Potential Limitations: Ethica Data for iOS does not support collecting Contact Network. Android devices running Android OS version 6 or below are capable of providing this data, assuming the device does have the required bluetooth hardware.
184.108.40.206. Privacy & Anonymization: Bluetooth devices are identified by a unique media access control (MAC) identifier. This allows the Researcher to determine repeated contacts with the same device. While this is highly desirable for understanding contact patterns in human behavior studies, it can reveal the frequency of contact with other individuals. It cannot explicitly or implicitly identify who the other individual is.
220.127.116.11 Technical Description: Location data provides the Researcher with the location of your device, its speed, and heading. Location data can be collected in various ways, usually decided by the operating system of your device (such as Android or iOS):
- GPS: The acquisition of GPS (or assisted GPS -- AGPS -- if a network connection is available) allows Ethica Data to detect the device’s speed, heading, and location. The location can be accurate up to three meters outdoors, or in low density indoor settings.
- Cell Tower Data: Proximity to cell tower data can give a coarse representations of location by placing the Participant in the cell containing the radio to which they are currently connected. This method is clearly inferior to GPS but may occasionally be collected at places where GPS signals are not available, as a coarse location information.
- Wi-Fi: Wi-Fi data allows the device to identify nearby Wi-Fi access points. The physical location of access points can be derived from for-profit external services, databases maintained by facilities, or estimated from coincident GPS measurements. When several Wi-Fi access points are detected, Ethica Data can perform post-hoc trilateration (i.e., determine location). Trilateration accuracy varies with Wi-Fi router density. At high router density, localization within 6 meters is possible, particularly if building layouts are available to discard impossible locations or paths.
18.104.22.168. Potential Limitations: This Data Source is available both on Android and iOS devices. Majority of the smartphones sold in the market have the required hardware and supporting software to provide location data as explained above.
22.214.171.124. Privacy & Anonymization: Location data is tagged with the Participant ID. However, location data, to be useful, cannot be hashed or scrambled as it destroys the correlation with services offered at the locations the Participant visits. This is particularly problematic because location data is sufficiently rich to permit re-identification in several cases. The Researcher undertakes, as part of the informed consent, to not actively attempt to de-identify any of the data. Any parties to data sharing agreements must agree to these same terms.
6.5.3. Activity and Motion
126.96.36.199. Technical Description: While location measurement deals with where the Participant is and with whom they are with, activity and motion detection deal with understanding what the Participant is doing at a location. While the entire scope of human activity is well outside the measurement capabilities of a smartphone, many important behaviors such as sitting/standing, sedentary/active, walking/running or even if the phone is being carried by the Participant can be inferred from motion sensors on the device. The following sensors in a smartphone provides information on activity and motion:
- Accelerometer: The accelerometer measures acceleration on three axes, and contains information about starting and stopping behavior on each of those axes. As gravity provides a constant downward acceleration, these sensors can also infer the orientation of the phone with respect to the surface of the Earth.
- Gyroscope: The gyroscope measures the rotational speed of the phone. This information is typically used in conjunction with the accelerometer to determine the orientation of the phone, by disambiguating between gravitational and centripetal acceleration.
- Magnetometer: The magnetometer measures the local magnetic field. This is typically used in conjunction with an estimate of the phone’s orientation to determine magnetic north, and act as a compass.
188.8.131.52. Potential Limitations: This Data Source is available both on Android and iOS devices. Majority of the smartphones sold in the market have the required hardware and supporting software to provide motion and activity data as explained above.
184.108.40.206. Privacy & Anonymization: Beyond the anonymization of the Participant identification information as described in section 6.6, no further anonymization is required or performed for activity and motion sensors. These sensors provide information about what was done at a specific time, but this is unlikely to be sufficient for re-identification without substantial additional context (e.g. only one participant is in a wheelchair, and moves without detectable steps) or additional sensing (e.g. the person in a classroom who is always standing is likely the professor; here the classroom is the key piece of information, not the standing).
6.5.4. Environmental Sensors
220.127.116.11. Technical Description: The environment in which the Participant exists can have an impact on their behavior. he environmental sensors embedded in the Participants’ smartphones allow Researcher to monitor different environmental factors, relevant to the study subject, as follow:
- Temperature: Ambient air temperature correlates with behavior (propensity for outdoor activities decreases with temperature) and with several disease parameters from the probability of the spread of a cold, to the rate of mosquito hatching. Temperature also covaries with relative humidity.
- Atmospheric Pressure: This metric can be used to help distinguish the transition from indoor to outdoor or from one building to another adding a useful parameter to aid location sensing. It is also a covariate with humidity.
- Humidity: An excellent measure of the current comfort level, and can even be used as a proxy to determine if it is currently raining near the Participant.
18.104.22.168. Potential Limitations: This Data Source is not available in iOS devices. Most Android devices support one or more of the environmental sensors, though very few support all available sensors. You can refer to your smartphone’s specification list for details on available environmental sensors.
22.214.171.124. Privacy & Anonymization: Beyond the anonymization of the Participant identification information as described in section 6.6, no further anonymization is performed.
6.5.5. On-Phone Surveys
126.96.36.199. Technical Description: While automatic monitoring sensors can provide a great deal of information on the physical state of the Participant, their mental state must be probed using more traditional survey-based techniques. Ethica Data provides a framework for deploying surveys while the Participant is involved in data collection. The Ethica Data survey follows a typical digital survey structure, permitting multiple choice, selection, and free-form questions organized in linear, branching or looping question constructs. This tool captures most of the typical survey question styles such as Likert scales, select-all-that-apply questions and short free form queries.
188.8.131.52. Potential Limitations: The ability to present Participants with survey questions is available in Ethica Data Applications for both Android and iOS devices, regardless of the model or manufacturer of the phone.
6.5.6. Device’s Battery Status
184.108.40.206. Technical Description: The Applications can measure the remaining energy level, temperature, and voltage of the battery. Whether the phone is charging and, if so, what source it is charging from (i.e., wall or USB) can also be identified. This is used to track Participant compliance, model power consumption and to help determine activity. For example, if the phone is plugged into the wall, the Participant is not likely to be walking.
220.127.116.11. Potential Limitations: This Data Source is available in Ethica Data Applications for both Android and iOS devices, regardless of the model or manufacturer of the phone.
18.104.22.168. Privacy & Anonymization: Beyond the anonymization of the Participant identification information as described in 6.6, no further anonymization is performed.
6.5.7. Device’s Screen State
22.214.171.124. Technical Description: The Screen State Data Source records each time the device’s screen turns on or turns off. This Data Source does not record the content on the screen, or the reason behind this state change. It only records the time of the event, and whether the screen turned on or off. This can provide information on the habits of smartphone use, distraction, or sleep patterns, which is valuable in understanding human behavior.
126.96.36.199. Potential Limitations: This Data Source is not available in iOS. All available Android devices do provide this Data Source.
188.8.131.52. Privacy & Anonymization: Beyond the anonymization of the Participant identification information as described in section 6.6, no further anonymization is performed.
6.5.8. Statistics on App Usage
184.108.40.206. Technical Description: This Data Source records how long you as the Participant use which app, per day. The information received from this data source reports the name of the apps you have used in a given day, and how long (in seconds) the app was open. No additional information such as how the app was used or what was the content of the app will be included.
220.127.116.11. Potential Limitations: This Data Source is not available in iOS. All available Android devices do provide this Data Source.
18.104.22.168. Privacy & Anonymization: Beyond the anonymization of the Participant identification information as described in section 6.6, no further anonymization is performed.
6.6 Data Encryption, Upload, Storage, and Anonymization
6.6.1. All data on the device is encrypted using industry standard techniques. In the event that the phone is lost or stolen, the data is protected. Data is stored in an encrypted format in a directory on the phone allocated by operating system for this purpose.
6.6.2. A small cache of recent data (usually the past hour) is kept in volatile memory on the phone to aid in context detection for survey triggering. Because it is stored in random locations in the phone’s RAM this data is essentially unreachable to anything but the program itself.
6.6.3. Data from this directory is periodically uploaded to the server specified by the Researcher in the study settings in its encrypted format. Even if the phone were hacked, and the upload redirected to another server the data would be useless to the hacker without the key, stored separately on a secure server.
6.6.4. Once on the secure server, the data is decrypted, parsed, and inserted into an internal server. As soon as the data is successfully uploaded to the servers, uploaded data is validated, and then the data is wiped from the phones.
6.6.5. Data collected by Ethica Data from the Participant can be divided to the following: (a) personal identification information entered by the participant while registering the the Application. This includes name, email address, optional demographic information, the make and model of the devices used to access the Applications, the IP address used to connect to the Applications, and list of studies the Participant is registered in. These data are referred to as Metadata (b) behavioral data recorded as part of the study requirements as described in section 6.5, referred to as Study Data. Study Data do not contain any explicit personal identification information. They may contain data which can be reverse engineered to implicitly extract the Participant’s identity, in which case the Applications does the best possible to anonymize them, as described for each Data Source in section 6.5.
6.6.5. Ethica Data stores Metadata and Study Data in two separate database, located in two different servers. Each of these databases have separate credentials and authorization. Certain employees of Ethica Data will have access to the Metadata database in order to provide the necessary technical support. These individuals do not have access to the Study Data database.
6.6.7. Researchers have access to the Study Data database in order to monitor and analyze the data they have received for the study. None of the Researchers will have access to the Metadata database. This ensures the Research team does not have access to the Participant’s explicit personal identification information.
6.6.8. In certain cases, Ethica Data may share Metadata information about one or more Participants with certain authorized Researchers. This will be mainly to allow the Researcher to contact the Participant for study-related matters. Such data sharing will be limited only to the data which is needed by the Researcher.
6.7 Information We Collect About the Participant From Other Sources
a. Usage data: Ethica Data collects usage data about the Participant whenever he/she interacts with our services.
b. Device and application data: Ethica Data collects data from the device and application the Participant uses to access our services, such as, among others, the IP address, browser type and operating system. We may also infer the geographic location based on the Respondent IP address.
c. Referral data: Ethica Data records information about the source that referred the Participant to a study (i.e. a link on a website or in an email).
d. Information from cookies and page tags: Ethica Data uses third party tracking services that employ cookies and page tags (also known as web beacons or web bugs) to collect aggregated and anonymized data about visitors to our websites. This data may include usage and statistics.
7. General Information We Collect About Visitors to the Site
7.1. When you visit our Site we may collect information that you manually enter to contact us or post comments on our community boards, such as your name, email address or telephone number. If you are a prospective customer, we use the personal information we have collected from you to provide you with information about and access to our Services.
7.2. As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. Ethica Data does not collect IP addresses of end users on behalf of third parties. We may combine automatically collected log information with other information we collect about end users. We use the information we collect automatically from end users of our Site and Services to improve the Services we offer to our Customers, and to improve marketing, analytics and the functionality of the Services.
7.3. If your personally identifiable information changes, or if you no longer desire to receive communications from us, you may correct, update, delete or deactivate your information from our records by contacting us at firstname.lastname@example.org. We will respond to your request to access within 30 days.
8. Purposes of the Use and Sharing Information
8.2. We also use your information to review, investigate, and analyze how to improve the services provided. We may also collect and analyze your data to monitor, maintain and improve our services and features.
8.3. We internally perform statistical and other analysis on information we collect (including usage data, device data, referral data, question and response data, and information from page tags) to analyze and measure user behavior and trends, to understand how people use our services, and to monitor, troubleshoot, and improve our services, including to help us evaluate or devise new features.
8.4. We may use your information for internal purposes designed to keep our services secure and operational, such as testing purposes, troubleshooting, to prevent abusive activity (i.e. fraud, spam, phishing activities), and for service improvement, research, and development purposes.
8.5. Likewise, we collect your personal data through your "My Profile" page, explicitly entered by you, and not collected as part of any specific study, for the purposes of inviting you to studies which are relevant to you by any means, including email and similar means of electronic communication. In order to customize such information and commercial communications as much as possible, Ethica Data may use statistical techniques that allow the creation of user profiles and data segmentation. f you do not wish to receive such information and commercial communications, regardless of the form of communication used, you can opt-out through your "My Profile" page to exercise your rights, and in any case, by means of the box that follows. Your agreement to receive information can be revoked at any time, but such revocation shall not be retroactively applicable.
8.6. We only share the data you have provided for a given study with the Researcher who conducted the study. We do not sell your Ethica Data data to third parties without your explicit permission.
8.8. Your data is not disclosed to any third party except (i) when we have your explicit permission, (ii) when it is required by a competent authority in the exercise of its duties (for example in order to investigate, prevent, or take action regarding illegal activities), or (iii) as otherwise required by law.
8.10. If ownership of all or substantially all of our business changes, or we undertake a corporate reorganization (including a merger or consolidation), or any other action or transfer between Ethica Data entities, you expressly consent to Ethica Data transferring your information to the new owner or successor entity so that we can continue providing our services. If required, Ethica Data will notify the applicable data protection agency in each jurisdiction of such a transfer in accordance with the notification procedures under applicable data protection laws.
9.1. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity throughout the Ethica Data Service and that information helps us to understand your preferences and improve your experience.
10. Opting Out of Study, Canceling Your Account, and Deleting Your Data
10.1. As a Participant, your participation in any study delivered through Ethica Data is completely voluntary. You can opt out from the study at any time you choose. Depending on the study’s policy, and in accordance with the consent form you reviewed prior to your participation, you may not be able to enrol in the study again after opting out, or you may not receive all or part of monetary or non-monetary incentives for your participation in the study.
10.2. You can opt-out permanently from a study by choosing the "Leave Study" option in the Applications on your device. Alternatively you can uninstall the Applications from all your devices. Ethica Data will cease activities related to all of the studies you are enrolled immediately after the uninstall is completed.
10.3. Certain studies may allow you to permanently opt-out from part of the study. If this option is included in the study you are participating, you will have the relevant tools to permanently opt-out from one or more parts of the study through the Applications.
10.4. To protect your privacy, the Applications offer you a "Pause" mode, while you are enrolled in an ongoing study. Selecting the Pause mode will stop all study related data collection and activities for 1 hour. The Applications will notify you when the 1 hour is passed and prior to resuming the study. You can select the Pause mode as many times as necessary. While Pause mode is selected, no data is collected by the Applications.
10.5. You may cancel your account and you may opt out of receiving any emails from Ethica Data at any time by contacting our Help Center page. Deleting your account will cause all the records on your participation on any study to be permanently deleted from our systems within a reasonable time period, as permitted by law and will disable your access to any other services that require an Ethica Data account. We will respond to any such request, and any appropriate request to access, correct, update or delete your personal information within the time period specified by law (if applicable) or without excessive delay. We will promptly fulfill requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law).
10.6. As a Participant, you can delete all or part of the data you have provided for any study conducted using Ethica Data, at any time, by using the "Delete Data" option in the "My Profile" section of your account. Ethica Data will not store any copy or backup of the deleted data. The Researcher may create a backup of your data outside of Ethica Data servers, as long as it is in accordance with the consent form you have agreed to prior to joining his or her study. In such case, your request to delete the data only removes the copy stored by Ethica Data, and not the copy owned by the Researcher. You must contact the Researcher to request deleting the copy owned by him or her.
11. Retention of Your Information
12. How to Contact Us
Information of the company that manages the services:
The services are provided by Ethica Data Services, Inc. (hereinafter referred to as “Ethica Data”), a Canadian-controlled private corporation with registered address at 273 Lawrence Ave E, North York, ON M4N 1T6, Canada, and Business Number 847090834RC0001.
1. Access and Use of the Services
1.1. Access to the Services
1.1.1. These general terms and conditions of use "General Terms and Conditions of Use") shall govern the use of the website www.ethicadata.com and related platform ("Website"), which belongs to Ethica Data. The purpose is to provide information about the activity of the Company and enable the use of the services offered by Ethica Data ("Service" or "Services"), consisting in the creation and deployment of different types of scientific observational studies (hereinafter referred to as "study", plural as "studies") and, where appropriate, the subsequent storage of the same.
1.2. Agreement to the General Terms and Conditions of Use and, where appropriate, the Specific Conditions
1.2.1. By accessing the Services, you, the User, whether Researcher or Participant (as defined in 2.3.1) agree to these General Terms and Conditions of Use so please read them carefully before using them. If you do not agree to these General Terms and Conditions of Use, please do not use the Services, the studies or its contents.
1.2.2. Some of the above-mentioned Services may be subject to specific conditions established at any time. From now on, such conditions, or any other specific conditions for the Services offered on the Website at any time, shall be referred to as "Specific Conditions".
1.2.3. In addition, Ethica Data informs the users of the Services that these General Terms and Conditions of Use and the Specific Conditions to the Service can be modified or amended at any time. Therefore, Ethica Data will provide the User with reasonable prior written notice of any change. If the User does not want to agree to any changes made, the User should stop using that Service, because by continuing to use the Services the User indicate their agreement to be bound by the updated terms.
1.3. Services Use Legal Age
1.3.1. The User declares that he or she is at least eighteen (18) years of age and has sufficient capacity to be bound by these General Terms and Conditions of Use and the Specific Conditions when appropriate. The User also commits to use the Services and the information contained therein properly, and to comply with any given applicable regulation.
2. Ethica Data Account and Registration
2.1. Registration and Use of Electronic Signature
2.1.2. The User must activate a username and password in order to fully use and enjoy some of the Services. This identification system shall have the status of electronic signature of the User in every way when dealing with Ethica Data and the rest of the users of the Services ("Electronic Signature").
2.1.3. The Electronic Signature of each User shall be personal and non-transferable. The User is responsible for preventing unauthorized access and/or use of the Electronic Signature by a third party on his or her behalf. In addition, the User shall be solely responsible for the choice, loss, theft or unauthorized use of any code or password, and the consequences derived therefrom.
2.1.4. In any case, the User shall be responsible for using the Services properly and safekeeping the Electronic Signature and shall refrain from using the Electronic Signature for illicit purposes or for any purpose that violates these General Terms and Conditions of Use or any Specific Conditions.
2.2. Creating an Account
2.2.1. By creating an Ethica Data Account, you agree to: (i) provide true, accurate, current, and complete information about yourself, as prompted by the Service’s registration form (the "Registration Data"); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (iii) provide, if applicable, a valid payment method for paying any fees associated with the Service; (iv) use only the Ethica Data Account you created to access the Service; (v) not allow your Ethica Data Account to be used by anyone else to access the Service; and (vi) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.
2.2.3. You hereby consent to the use of your activities on the Service by Ethica Data to optimize the availability and presentation of Content to you.
2.3. Researcher Responsibility in Connection With Participants
2.3.2 The consent obtained by the Researcher from the Participant should include (1) what is the purpose of the study (2) what are the potentials risks or benefits to the Participant (3) what type of data is being collected (4) how the data will be handled and who will have access to the data (5) how the Participant can contact the Researcher (6) what is the withdrawal process.
2.4. Data Removal and Ethica Data Account Termination
2.4.1. You may terminate your Ethica Data Account at any time by using the account termination option. If you terminate your Ethica Data Account you may still be able to access certain portions of the Service, but you will not have access to certain features and Content that are available to Ethica Data Account holders.
2.4.2. We may also terminate your Ethica Data Account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability. In the event that your Ethica Data Account is terminated, we will cease charging you any fees.
2.4.3. Termination of your account does not cause the data you have provided up until the time of termination to be deleted.
2.4.4. As a Participant, you can delete all or part of the data you have provided, at any time, by using the "Delete Data" option in the "My Profile" section of your account. Ethica Data will not store any copy or backup of the deleted data. In the case that your account is terminated and you do not have access to the "My Profile" section of your account, you can delete your data by contacting us through email to email@example.com.
2.4.5. The Researcher may create a backup of your data outside of Ethica Data servers, as long as it is in accordance with the consent form you have agreed to prior to joining his or her study. In such case, your request to delete the data only removes the copy stored by Ethica Data, and not the copy owned by the Researcher. You must contact the Researcher to request deleting the copy owned by him or her.
3. Fees and Payments
3.1. Fees for Services
3.1.1. Ethica Data reserves at any time the right to require payment of fees for certain or all Services. You shall pay all applicable fees (including any overage fees), as described on the Specific Conditions in connection with such Services selected by you.
Ethica Data reserves the right to change its price list and to institute new charges at any time upon notice to you (i.e. on the website and/or by email) provided that, for Services billed on per-study basis, the old pricing will apply until the end of the currently defined studies.
3.1.2. By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges, for all the studies defined after the change. Any fees paid hereunder are non-refundable, except as provided in these General Terms and Conditions of Use, in the Specific Conditions or when required by law.
3.2. Failure to Pay Fees
3.2.1. Failure to pay fees (including any overage fees) when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
4. Prohibited User Conduct
4.1. Prohibited Activities While Using the Service
You Agree Not to Engage in Any of the Following Prohibited Activities:
- Use, display, mirror, or frame the Service, any individual element within the Service, the Ethica Data name, trademark, logo or other proprietary information, or the layout and design of any portion of the Service, without Ethica Data’s express written consent.
- Access the Service by any means other than through interfaces provided by Ethica Data and as otherwise expressly authorized under these Terms of Service.
- Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers.
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ethica Data or any of our providers or any other third party (including another user) to protect the Service.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
- Attempt to access or search the Service or scrape or download Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Ethica Data or other generally available third party web browsers or search engines.
- Send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation.
- Use any meta tags or other hidden text or metadata utilizing the Service or a Ethica Data trademark, logo, or URL without Ethica Data’s express written consent.
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
- Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your Ethica Data Account) or your access to or use of the Service.
- Collect or store any personally identifiable information from other members of the Service without their express permission.
- Stalk or otherwise harass another person or entity.
- Impersonate or misrepresent your affiliation with any person or entity.
- Violate any applicable law or regulation.
- Without limiting any other provision of these Terms of Service, allow any other person or entity to use your Ethica Data Account.
- Encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.
4.2. No Reverse Engineering
In particular, you agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the studies, Services or Contents.
6. Industrial and Intellectual Property
6.1. All Website contents other than User Content (including but not limited to databases, images, photographs, patents, utility and industrial models) are the property of Ethica Data or its content providers, in which case those contents have been licensed to Ethica Data, and they are protected by Canadian or international regulations governing industrial and intellectual property. The compilation (that is, the collection, design, sorting and assembling) of the contents of the Website is exclusively owned by Ethica Data and is protected by the applicable laws governing industrial and intellectual property.
6.2. All the software utilized for the use and development of the Services is the property of Ethica Data or its software providers, and is protected by the laws governing industrial and intellectual property.
6.3. All brands, labels, distinguishing symbols or logos that appear on the Services are the property of Ethica Data and are duly registered or in the process of registration. The names of other products, services and companies that appear in this document or in the Services may be brands or other distinguishing symbols registered by each of their rightful owners.
6.4. All texts, graphs, drawings, videos or audio supports are the property of Ethica Data or its content providers, and they cannot be modified, copied, changed, reproduced, adapted or translated by the User or a third party without the express authorization of the owners of such contents.
6.5. The fact that Ethica Data makes available to the users the information, databases, images, photographs, patents, utility and industrial models, drawings, graphs, text files, audio files, video files and software owned by Ethica Data or its content providers that appear in the Services, does not mean, in any case, the assignment of their ownership or any right of exploitation in favour of the User, other than the rightful use of the Services consistent with its purpose.
6.6. It is strictly prohibited to use the contents of the Services without the authorization of Ethica Data. This prohibition includes the exploitation, reproduction, publishing, transformation, distribution, transmission by any means, subsequent publication, exhibition and public communication, or representation of such contents in whole or in part. The occurrence of any of these shall constitute a breach of Ethica Data’s intellectual property rights, and shall be punished according to applicable laws.
7. Users Content
7.1. The User accepts that the Services may display content provided by others that is not owned by Ethica Data. Such content is the sole responsibility of the entity that makes this content available. Correspondingly, you are responsible for your own content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Ethica Data is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
7.2. The User acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, Ethica Data may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms and Conditions of Use. Ethica Data reserves the right to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms and Conditions of Use or any Specific Condition. However, the User accepts that Ethica Data has no obligation to monitor or review any content submitted to the Services.
8. Use of Researcher's Institution Logo
8.1. Researcher hereby grants Ethica Data the non-exclusive right and license to use and display the Researcher’s institution name, logo and similar indicia ("Researcher Marks") (a) to the extent any customization or implementation of the Services involves the incorporation of Researcher Marks in furtherance of the Services and (b) on the Website and marketing collateral identifying the Researcher as a user of Ethica Data. Ethica Data obtains no rights in the Researcher Marks except for the limited right described in the preceding sentence, and Researcher's institution retains all right, title and interest in the Researcher Marks. All use of the Researcher Marks by Ethica Data will inure to the Researcher.
9. Links to Third Parties
9.1. Ethica Data may, when applicable, publish links in its Services to internet websites maintained by third parties. Ethica Data assumes no liability derived from the connection to or the contents of hyperlinks to third party websites or platforms, nor does their existence imply that Ethica Data supports, promotes, guarantees or recommends the linked websites or platforms.
9.2. Likewise, any third party who wishes to link its website to the Website must obtain the express written consent of Ethica Data. In any case, Ethica Data does not assume any liability derived from the connection to or the contents of third parties’ hyperlinked websites to the Website.
10. Disclaimer of Warranties
10.1. THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ETHICA DATA AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND ALL OWNERS OF THE CONTENT (COLLECTIVELY, THE "ETHICA DATA PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ETHICA DATA PARTIES DO NOT WARRANT THAT USE OF THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICE OR THE CONTENT WILL BE CORRECTED, THAT THE SERVICE OR CONTENT OR THE SERVERS THAT MAKE THE SERVICE AND THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DESCRIPTIONS OF THE SERVICE OR THE CONTENT ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
10.2. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE ETHICA DATA PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY, OR FAILURE TO STORE OR TRANSFER ANY CONTENT OR PERSONALIZATION SETTINGS.
11. Limitation of Liability
11.1. YOU UNDERSTAND AND AGREE THAT THE ETHICA DATA PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A ETHICA DATA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE OR THE CONTENT.
12. Suspension of Access
12.1. Please report problems and policy violations to us by using Contact Us page. We reserve the right, but have no obligation, to remove any Content from the Service at any time in our discretion.
12.2. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and Ethica Data Accounts, prohibit access to the Service or the Content, and take technical and legal steps to keep users from using the Service or the Content, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
13.1. You agree to indemnify and hold the Ethica Data Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (A) your use of the Service or the Content; (B) your violation of these Terms of Service; or (C) your violation of any law or your violation or infringement of any rights of another party.
14. Applicable Law and Jurisdiction
14.1. The access to and use of the Services shall be governed and construed in accordance with Canadian law.
14.2. Any dispute that may arise from or in connection to Ethica Data and the Services users shall be settled in the Courts of Toronto, Canada. To this end, the parties expressly renounce their own jurisdiction and submit to the jurisdiction of the Courts of Toronto, Canada.
Cookies Policy (Updated February 14th, 2017)
Ethica Data Services, Inc., the company that manages the website www.ethicadata.com and all its properties, utilizes cookies to enhance online user experience (just like nearly every other website on the Internet today). Below, you will see detailed information about what types of cookies Ethica Data uses, how to disable these cookies, and also how to disable third-party cookies. If you cannot find the specific information that you are looking for or if you have any questions or concerns, please feel free to contact us anytime at the email address on our "Contact Us" page.
1. What Are Cookies and Why Does Ethica Data Use Them?
Cookies are small text files that are generated by the website that you are viewing, allowing the website to store information as you navigate web pages. These text files contain session data that can be useful to improve your browsing experience. All of the cookies used by Ethica Data are safe for your computer and they only store information that is used by the browser. These cookies cannot execute code and cannot be used to access content on your computer. Many of these cookies are necessary to ensure the proper functioning of the website. They do not contain malware or viruses. Other cookies improve user experience by storing site preferences, language preferences, as well as information about previously viewed content. This information is stored by cookies and used to enhance user experience, such as identifying and resolving errors and navigation problems.
2. What Types of Cookies Does Ethica Data Use?
3. How Can a User Block or Eliminate These Cookies?
You can allow, eliminate, or block cookies in your computer's configuration settings according the internet browser you are using. In certain cases, some web services will be blocked when certain cookies are not allowed to operate correctly or when they are blocked by the consumer. These links explain how to deactivate or block cookies in common web browsers:
- Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies
- Safari: https://support.apple.com/en-us/HT201265
- Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en
- Firefox: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
- Opera: http://www.opera.com/help/tutorials/security/cookies/
- Android: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en-GB&oco=1
- Windows Phone: http://windows.microsoft.com/en-us/windows7/block-enable-or-allow-cookies
- Blackberry: https://supportforums.blackberry.com/t5/Web-and-WebWorks-Development/How-to-Enable-browser-cookies-for-a-blackberry-browser/td-p/211133