1. TERMS
These terms and conditions (together with the documents referred to in it) explain the terms on which you may use the site to submit applications for access to research infrastructure, research calls, and other EMBRC services. Please read these terms carefully before submitting any content: by submitting an application you indicate that you accept these terms and you agree to abide by them. If you do not agree to these terms, you may not use the site to make submissions.
2. SERVICE AVAILABILITY
2.1 EMBRC accepts applications to have access to research infrastructure from persons employed in any country.
2.2 After submission you will receive an email acknowledging receipt of your application. Please note that this does not mean that your application has been accepted.
3. APPLICATION SUBMISSION
3.1 In order to request access to facilities in EMBRC research infrastructure, you must register to a web-based application system (ARIA) and submit an application. ARIA is an online proposal management system developed by Instruct-ERIC, Data Processor for EMBRC, as in the meaning of Article 4(8) of GDPR. Your user profile should be kept up-to-date, e.g. reflecting changes in host laboratory and contact details if you change position.
3.2 EMBRC procedures for access such as the criteria for eligibility, evaluation and implementation of successful applications are explained here. Please contact access@embrc.eu if you have further questions.
3.3 By submitting an application, you represent and warrant that you are employed by an accredited scientific organisation and that your application contains only information which is true, accurate and complete.
3.4 By submitting an application via the system, you grant to EMBRC a revocable and non-exclusive licence to reproduce, modify, prepare derivative works of and otherwise use and disclose the content for the purposes of evaluating the application and assessing the feasibility of conducting the proposed research at the requested facility. In addition, you grant to Instruct-ERIC a perpetual and irrevocable licence to store a copy of the research proposal for its records.
3.5 EMBRC will use its reasonable endeavours to keep applications confidential and will only disclose applications to those third parties for whom it considers access reasonably necessary to perform the feasibility check of the application or where required by law.
4. ON-SITE ACCESS
4.1 The status of “EMBRC user” does not convey any entitlement to statutory health, nursing care, accident, unemployment or pension cover. It is strongly recommended that User(s) should arrange adequate insurance cover prior to traveling, from the arrival to the departure.
4.2 The RI management reserves the right to cancel or reschedule on-site access visits.
4.3 When using EMBRC services, the user shall comply with their regulations, including health and safety requirements, presented to the researcher at arrival. During on-site access, the user shall be subject to the authority of the hosting institute manager.
4.4 The user shall treat the EMBRC services with due care and protect these against loss or damage.
4.5 The EMBRC institution hosting a User shall bear responsibility for ensuring the agreed work or service is delivered in accord with the regulatory and safe working practises required by the host institution, including ensuring appropriate permissions and training are in place before work commences. The user must specify permit requirements in the application. If the application is approved, the on-site access visit may take place once the permits are granted. EMBRC shall not be liable for any accidents or infringements arising from an on-site access.
4.6 Outcomes resulting from work carried out using EMBRC services must acknowledge EMBRC-ERIC, the Node(s) and the EMBRC partner(s) as follows: ““This work benefited from access to the [Name of EMBRC Partner / EMBRC Site], an EMBRC-[Name of the Node] and EMBRC-ERIC [Partner / Site]. Financial support was provided by [funding source(s)]". Example: "This work benefited from access to ECIMAT-UVigo, an EMBRC-ES and EMBRC-ERIC Site. Financial support was provided by European EC Horizon2020 SeALiFe (EC grant accession number 123456), EMBRC-ERIC (PID1234)."
4.7 Only in case of specific calls for the access to EMBRC services, if approved, the user may submit reimbursement for travel and accommodation up to the amount agreed with the RI, subject to receipts being submitted, after feedback has been received, as specified in the provisions of the User Access Contract.
5. APPLICATIONS FOR RESEARCH CALLS
5.1 In order to apply for research calls through EMBRC-ERIC, you must register for an ARIA account. Your user profile should be kept up-to-date, e.g. reflecting changes in host laboratory and contact details if you change position.
5.2 Research calls are announced on the EMBRC-ERIC website, and notifications are sent by email to registered users for whom we have a valid email address. The closing date for applications is given.
5.3 Applications are made by submitting a proposal via the ARIA online system, using an online form.
5.4 EMBRC-ERIC’s criteria for evaluation are explained here. Contact us if you have further questions.
5.5 By submitting an application, you represent and warrant that you are employed by an accredited scientific organisation and that your research proposal contains only information which is true, accurate and complete.
5.6 By submitting an application via the site, you grant to EMBRC a revocable and non-exclusive licence to reproduce, modify, prepare derivative works of and otherwise use and disclose the content for the purposes of evaluating the research proposal and assessing the feasibility of conducting the proposed research at the requested facility. In addition, you grant to EMBRC a perpetual and irrevocable licence to store a copy of the application for its records.
5.7 EMBRC will use its reasonable endeavours to keep research applications and proposals confidential and will only disclose research proposals to those third parties for whom it considers access reasonably necessary to perform the evaluation described at clause 6.4 or where required by law.
5.8 Applicants will be informed of the outcome by email.
5.9 In some specific call, the names and country of residence for successful applicants will be displayed on the EMBRC-ERIC website in the public domain, and may be shared with funding bodies on request.
6. ALL SUBMISSIONS
6.1 Where you are required to complete a registration form in order to access restricted parts of the site or specific services, you agree to:
- provide true, accurate, current and complete information; and
- to maintain and promptly update your user profile to keep it true, accurate, up-to-date and complete.
6.2 If EMBRC has reasonable grounds to suspect that any information supplied by the applicant is untrue, inaccurate, out-of-date or incomplete, it reserves the right to suspend or terminate the registration of the applicant and any access to restricted parts of the site or any and all services.
6.3 Other than the limited licence set out in clauses 5, 6 and 7 (as applicable), EMBRC acknowledges and agrees that it obtains no right, title or interest from the user (or the user’s licensors) under these terms of submission in or to any content submitted by the user, including any intellectual property rights which may subsist in that content (whether those rights are registered or not, and wherever in the world those rights may exist). The user acknowledges and agrees to be responsible for protecting and enforcing those rights and that EMBRC has no obligation to do so on the user’s behalf.
6.4 The user acknowledges of:
6.4.1 having received good and valuable consideration in exchange for the applicable licence and of not being entitled to any further compensation for any use by EMBRC of the content in accordance with that licence; and
6.4.2 being informed that EMBRC may, without notice to the user, reject, refuse to use or delete any content at any time where it considers this to be reasonably necessary.
7. ACKNOWLEDGEMENTS
The user agrees to acknowledge EMBRC-ERIC in all publications and presentations arising from research carried out in an EMBRC partner, following the acknowledgment text in clause 4.6.
8. OPEN ACCESS
EMBRC recommends that publications and any other outcomes arising from research carried out in EMBRC partners are published in Open Access. If you have questions about Open Access please contact access@embrc.eu.
9. PRIVACY POLICY - COLLECTION AND PROCESSING OF PERSONAL DATA
EMBRC complies with all applicable provisions on the protection of privacy and personal data, and in particular the French Data Protection Law No. 78-17 of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (“GDPR”).
Terms not defined under these “terms of submission” have the meaning given to them in the GDPR.
EMBRC collects and retains the personal data that the User provides to it in connection with a request to use the EMBRC services and then the use of the EMBRC services.
9.1 Data Controller
EMBRC is data controller for the processing of the user’s personal data within the meaning of Article 4 (7) of the GDPR.
9.2 Service to contact concerning your personal data
Email: secretariat@embrc.eu
Postal address:
EMBRC-ERIC
4 Place Jussieu
Tour 46/00, 1er étage, Bureau 101
BC 93
75252 Cedex Paris 05
France
Phone: +33 (0) 1 44 27 63 37
9.3 Nature of the data collected
The data collected by the EMBRC are as follows:
- Identity and identification data
- Data relating to professional life (CV, home institution and its country, professional status, etc.)
- Connection data (IP addresses, event logs, etc.)
- EMBRC services requested and used, user feedback
9.4 Source of data collected
EMBRC collects directly through ARIA the personal data listed above from users, for the application of the terms of submission or via user consent.
9.5 User consent
Users who have given their consent to collect their personal data may withdraw their consent at any time via a request to this effect sent to the email address or postal address shown in 9.2 above.
9.6 Purposes of processing
As part of the implementation of the ARIA platform and the provision of services, the purpose of the processing is:
- management of users and user applications
- analysis of user applications
- creation and management of user access to the ARIA platform
- management of the terms of submission
- communications with users
- management of requests concerning user rights
- management of user support
9.7 Data recipients
The recipients of the personal data are EMBRC’s authorised employees and EMBRC’s partners. Personal data may also be disclosed pursuant to the law, or a decision of a competent administrative or judicial authority.
9.8 Retention period
Personal data collected by EMBRC is stored for the time necessary for the purpose of processing. After this retention period, they become interim archives or are anonymised and retained for statistical and historical purposes.
Purges concerning personal data are put in place in order to verify the effective erasure if the retention or archiving period necessary to achieve the specified or imposed purposes is reached.
9.9 User rights
In accordance with the applicable legislation on personal data, each user has rights concerning his or her personal data that he or she may exercise by writing to the email address or postal address appearing in 9.2 above.
To exercise these rights, the EMBRC may ask the user to provide proof of his/her identity. The EMBRC responds to requests submitted by the user as soon as possible and no later than one month from receipt of the request.
These rights notably include the following:
- Right of access. Users have the right to access their personal data.
- Right of correction. Users have the right to request that their personal data be corrected when they are inaccurate, erroneous, incomplete or obsolete.
- Right to erasure. Users have the right to request the erasure of their data as soon as possible if one of the grounds of paragraph 1 of Article 17 of the GDPR applies (the data are no longer necessary for the purposes of their collection, withdrawal of consent, unlawful processing, etc.).
- Right to restrict data processing. Users have the right to request the restriction of processing of their personal data, in particular for the time needed to exercise other rights over the data. The EMBRC will then suspend processing of the personal data.
- Right to portability. Users may request that their personal data provided to EMBRC be retrieved in a structured, commonly used and machine-readable format in order to transmit them to another data controller.
- Right to object. Users have the right to object to the use of their data for legitimate reasons.
- Post-mortem right. Users have the right to define instructions regarding personal data concerning them after their death under the conditions of Article 85 of the French Data Protection Law. Where applicable, the user’s heirs may request that the death of the user be taken into account by the data controller (EMBRC) or to proceed to update the data.
9.11 Subcontracting
EMBRC uses sub-contractors located in the European Union and does not transfer any personal data outside the European Union.
In case of transfer to a third country, EMBRC complies with the GDPR by using partners or subcontractors with adequate safeguards based on an adequacy decision, standard contractual clauses or binding corporate rules.
9.12 Remedies
If the user considers that EMBRC is not complying with its obligations under the French Data Protection Law and the GDPR, he/she may file a complaint or request with the competent authority, namely the Commission Nationale Informatique et Libertés (CNIL - French Data Protection Authority) electronically via this link (https://www.cnil.fr/fr/plaintes/internet), or by:
Post:
3, Place de Fontenoy
TSA 80715
75334 PARIS CEDEX 07
France
Phone: +33 (0)1.53.73.22.22
Personal data relating to your application submission will be stored securely according to General Data Protection Regulation (GDPR) and will be used for the purposes of processing your application, peer review, communications and managing the services. In case of specific call for access, the details of the name and home institution country for successful candidates will be published online in the EMBRC website. Full details are given in our Privacy policy.
10. YOUR CONCERNS
If you have any concerns, please contact the EMBRC access office at access@embrc.eu.
