- 1 Disclaimer
- 2 Confidentiality Policy PrimeDSS
- 2.1 1. Introduction
- 2.2 2. Governing principles
- 2.3 3. Definition of confidentiality
- 2.4 4. Information ownership and control
- 2.5 5. Information provided to PrimeDSS
- 2.6 6. Derived data provided from PrimeDSS
- 2.7 7. Access of Operator personnel to data
- 2.8 8. Concerns or grievances
- 2.9 9. Updates to the Confidentiality Policy
- 3 Intellectual Property Rights Policy
- 4 GDPR
- 5 2. PrimeDSS and Stored Data
- 6 3. PrimeDSS Data Removal Process
- 7 4. Updates to the Data Removal Policy
This Wiki and associated tools are an apparatus that cannot make business decisions on behalf of the user. It is the responsibility of the end user to interpret the information as an indication of a particular result of a ‘what if’ case scenario. Based on historical data, the results cannot guarantee future success, but rather potentially point the user in the right direction to making better informed decisions. The PrimeFish project takes no responsibility for the results of actions taken by the user when using this data information.
Confidentiality Policy PrimeDSS
PrimeDSS is an information technology platform, developed by the PrimeFish project (www.primefish.eu), which is funded by the European Commission under the Horizon 2020 research programme. The platform is being developed and initially operated by Syntesa sp/f with a view for it to be transferred after the end of the project to a single named party (jointly referred to as “Operator”) as an online service, that enables participants to provide and receive information, in particular related to the competitiveness of the fishery sector in Europe.
Since PrimeDSS necessarily collects confidential information from its participants in order to fulfil its functions, strict importance is placed on maintaining the confidentiality of such information. Access to participant information, and to data derived from that information, is only enabled for those people or groups that have previously been authorised by the provider of the information.
Furthermore, PrimeDSS collects information that could potentially be used anti-competitively if this information were to be made available to the wrong company or group of companies for the wrong reasons or purpose. To avoid this risk, further restrictions are applied to the way in which certain data is grouped and shared to ensure compliance with relevant competition/anti-trust laws.
Wherever reasonably possible, the enforcement of the confidentiality policy is achieved automatically through the manner of operation of the platform.
2. Governing principles
The fundamental purpose of PrimeDSS is to provide information to a company in the seafood sector to improve its competitive position. However, it is not the purpose of PrimeDSS to provide information about a company’s direct competitors on the platform.
Information will not be provided via PrimeDSS that assists companies to:
- Obtain details about competitors
- Learn about their competitors’ competitive position or strategy
3. Definition of confidentiality
All information provided to the platform is considered de facto confidential, unless it is public.
Some information is public in one context but confidential in another. In particular, information that is essentially public (e.g. annual research spending) is considered confidential when it can be associated with a particular company, but not confidential otherwise.
Data derived and aggregated from confidential information, is not considered confidential if no individual information element is visible and if no individual company can be identified.
4. Information ownership and control
The ownership of information does not change when it is entered or uploaded to PrimeDSS.
However, information ownership is not necessarily determined by who provides the data to PrimeDSS. Information might belong to a third party, and the Operator will obtain assurance from the party providing the data that it has adequate permission from the original owner of the confidential information or, in the case that the third party is a PrimeDSS participant, will obtain any necessary permission for re-use directly from that third party.
Data collections that are derived and aggregated from information entered or uploaded to PrimeDSS will belong to the Operator, who may sell or license such data collections to other participants or third parties, but without limiting the rights of the owner of original data entered. Participants who have, with due permission, received information via PrimeDSS, will have ownership of any reports or derived works of their own.
5. Information provided to PrimeDSS
PrimeDSS is a platform that will continue to evolve to meet the needs of its participants and details of information collected on the platform will change with time – in agreement with the providers of the information.
Certain information that is provided by participants, termed here “Class A Data”, is subject to the greatest control on use and is never provided to any other participant. This includes:
- Names and financial information of a participant
- User activity on the platform, in particular that which might be related to a future company strategy
A second group of information, termed here “Class B Data”, is visible to the participants, when the provider of the data agrees to publish it. This includes at this stage:
- Success or failure stories
6. Derived data provided from PrimeDSS
Every participant on PrimeDSS who submits data to the platform is entitled to receive reports back that potentially help in improving the competitiveness of the participant’s operation. Such reports are based on
- Original or existing research by PrimeFish participants
- Models and algorithms developed by PrimeFish participants
- Available data from either public sources or sources for which the Operator has the corresponding rights
- Data from other companies as filtered by search conditions
The PrimeDSS platform will ensure that data is never attributable to a single company.
During the project lifetime, the PrimeDSS platform will be provided free of charge to its participants. After transfer to a named party after the end of the project, it will become part of the commercial offering of that party.
Details of the reports provided to users are given in the PrimeDSS functional specification, that is available on request from email@example.com. The exact form of output is subject to change and new forms of aggregated and statistical data will be developed.
7. Access of Operator personnel to data
Only qualified personnel at the Operator may be given access to confidential information on PrimeDSS in order to ensure correct system operation and to provide support to users. The number of such personnel is limited to those necessary to carry out such functions and every such person is a signatory to a confidential agreement at least as strict as the Operator’s confidentiality obligations to PrimeDSS participants. These confidentiality agreements bind the personnel during and after their employment with Operator.
8. Concerns or grievances
Any participant who has concerns about the way in which their confidential information is being handled by Operator or any other party should raise the issue by addressing an email to firstname.lastname@example.org. The issue will be treated seriously and with due process by the Operator, who will take any steps in its power to correct an identified problem and will report back on its conclusions, and any action taken, to the participant who raised the issue.
9. Updates to the Confidentiality Policy
This Confidentiality Policy will be updated from time to time by the Operator, giving at least three months’ notice to participants (unless a serious issue is identified that must be addressed immediately). No update to the policy will reduce restrictions on the disclosure of confidential information that has already been entered.
All PrimeDSS participants and industry stakeholders are invited to provide their input to this Confidentiality Policy. Please send suggestions to email@example.com.
Intellectual Property Rights Policy
PrimeDSS and PrimeDSF are information technology platforms, developed by the PrimeFish project (primefish.cetmar.org), which is funded by the European Commission under the Horizon 2020 research programme.
The platforms are being developed and operated by Syntesa sp/f with a view for them to be transferred partially or completely after the end of the project to a single named party (hereaftore called “Operator“) as an online service, that enables participants to provide and receive information, related to the competitiveness of the fishery sector in Europe.
As a part of determining competitiveness in the fishery sector, beneficiary organisations and individuals (jointly referred to as the “Parties”) will be contributing their intellectual capacity, tools and data collections to develop the means by which the tools will be able to support decision making processes to improve fishery industry competitiveness.
The project places strict importance on protecting the Intellectual Property Rights (IPR) of the Parties to ensure that innovation and creativity is encouraged and flourishes.
Consideration must be given therefore to how IPR will be transferred to prospective commercial Operators post project for commercial exploitation. This commercial exploitation should be based on a license agreement. Parties will have the right to negotiate with Operators to determine the details of such license agreement.
2. Definition of IPR
For the purposes of the PrimeFish project, a definition of IPR has been created based on those of the World Trade Organisation (WTO) and World Intellectual Property Organisation (WIPO).
In the context of the PrimeFish project, IPR is defined as:
Any intellectual input that has gone towards data collection, writings, models, software or any other physical input that has helped define the workings and output of the PrimeDSF and/or PrimeDSS tools for the PrimeFish project.
3. Governing principles
PrimeDSF will be a tool in the public domain and therefore no IPR will be associated with it or otherwise the Parties will grant an unlimited license to the operators of PrimeDSF for any information contained in the PrimeDSF.
On the other hand, PrimeDSS is meant to provide information to a company in the seafood sector to improve its competitive position through an online service. The underyling information of that service is derived from information collected through surveys, questionnaires and other public data. The data can be processed per the models or software developed by the Parties.
It is expected that Parties working in the project will generate IPR in the following areas relevant for PrimeDSS and PrimeDSF:
- Surveys and questionnaires
- Models utilised that will process data to provide insights into factors affecting the competiveness of seafood operations
- The development of any software necessary to process data
IPR will be non-transferable for commercial use without prior consent by the Parties directly involved with the generation of that IPR, unless the Parties individually or collectively rescind the IPR by making it public.
Pre-existing IPR (“background”) is not affected by this document.
4. Intellectual Property Right ownership and control
For the lifetime of the PrimeFish project and in the context of PrimeDSF and PrimeDSS, Syntesa will be considered the caretakers of IPR and the data collected on said platforms. When the PrimeDSS is transferred to a commercial Operator at the completion of the project, Syntesa’s caretaker responsibility will be rescinded and transferred to that Operator who will commercially exploit the tool.
The commercial Operator will be required to engage in a license agreement with all Parties that declare to have made a substantial contribution to the PrimeDSS tool and/or with those Parties that hold IPR on underlying software required for the continued operation of PrimeDSS. The Operator is free to engage in such agreements on a collective or individual level.
For the purpose of this document, “substantial contribution” shall mean a contribution to a PrimeDSS tool that has been necessary for its development and is instrumental for the output provided.
Beneficiaries will have to make known if they claim to have made a significant contribution; the PrimeFish Project Steering Group will decide whether to accept that claim.
The full General Data Protection Regulation (GDPR) is found here.
The PrimeFish project recognises and takes seriously the recent implementation of the European Unions General Data Protection Regulation (GDPR) applicable as of May 25th, 2018 and the requirements with regards to the protection of and/or removal of user data from the PrimeFish project databases. In particular, users (Data subjects) will have ‘The Right to erasure (‘right to be forgotten’)’ as outlined in the GDPR where the user will have the right to erase their data without undue delay (Chapter 3 Article 17).
2. PrimeDSS and Stored Data
Access to the PrimeDSS tools requires that a user (Individual or company) enters their personal details to create an account which will give them accessibility to the tools. Mandatory personal details include: Name, username, password and email address. Optional additional details can be submitted for the user profile including a users’ address, phone number, website, favorite book, about me and date of birth.
Once the user has acquired access, there will be six tools available for use. Three of those tools, the Value Chain analyser, Product success Check and Willingness to Pay, use system input data to exploit the results and do not rely on additional user data input. The Growth Risk Analyser allows the user to upload a .CSV file or manually enter a time series of data, but this is not stored in the data base and is solely used to generate reports and then forgotten. The two tools that capture data information are:
- Competitive Position Analyser
- Success and Failure Stories
The Competitive Position Analyser allows the user to complete an online survey. The tool allows for the controlled input of data and only the answers to the survey are stored in the Database which are linked to the users account. The surveys can be updated at anytime depending on a users changing circumstances, with only the latest update saved to the database: no historical records of the survey answers are kept.
The Success and Failure Stories allow for data input which the users submit to the database when they upload a story. A story is defined by a title, story summary and a set of defined market/industry questions. The data is stored in the database and is not made public until it is approved by a PrimeDSS administrator. Specific rules apply before a story can be published/not published including whether stories are seen to breach privacy, used to attack a competitor for competitive advantage, include false or misleading information, are stories unrelated to innovation or unfit for publication.
3. PrimeDSS Data Removal Process
Key user (data subject) data rights: Right of access, right to rectification and the right to erasure (‘right to be forgotten’).
During the PrimeFish project, a data manager (data controller) will be appointed who will oversee requests for the removal of personal data. The data management policy also covers requests for the removal of other data or aggregated data collected during the project where a company or individual believes that their privacy has been breached in the public domain as defined in the confidentiality policy above.
An individual or company (data subject) can at any time request from the Controller to have access to their details, be able to rectify details or have their details removed. Requests can be made by addressing an email to firstname.lastname@example.org. The Controller will endeaver to ensure that such requests are met without undue delay and in any event within one month of receipt of the request as set out in the GDPR. Any delay will be notified to the data subject with explanation.
After a data removal request has been received, processed and approved, the data manager (data controller) will remove the said data without undue delay by performing the following:
- Searching and identifying all locations that the data is present
- Sanitising the data by removing/deleting it from all data bases and storage locations
- Confirmation that the data is removed by searching data bases and storage locations to ensure that the said data can no longer be found
- Sending confirmation via email or other communication format to the individual or company (data subject) that their data has been successfully removed.
- Follow up and additional removal/cleaning if the individual or company (data subject) finds traces of their data on the PrimeDSS website.
4. Updates to the Data Removal Policy
The PrimeFish data removal policy will be subject to changes made to the GDPR and updated accordingly.
At the completion of the PrimeFish project, the ownership and responsibility for data in PrimeDSS will be transferred from Syntesa to other organisations and managed in 2 ways:
- CETMAR/MATIS (For two years after the end of the project or up and until the point where an Operator takes ownershership and commercialises the PrimeDSS)
- SME: A commercial entity (Operator) that takes ownership and assumes responsibility for data protection.
The changes with regards to ownership and responsibility will include changes to contact information for the Controllers assigned by each organisation at the time of transerference of ownership of the PrimeDSS. Contact details will be updated in the PrimeDSF Wiki or other public facing forum.