Article 1 China National GeneBank DataBase (CNGBdb) (hereinafter referred to as "platform" / "CNGBdb") is a scientific data service platform built for biological sample and data sharing and application services to the research community. Based on the big data and cloud computing technologies, it provides data services such as archive, analysis, knowledge search, management authorization, and visualization. Users will negotiate and determine on their own the ownership of results, intellectual property rights, other rights in the use of CNGBdb Public data outputs, the allocation and the revenues while CNGBdb do not own any ownership.
Article 2 The Data Sharing Policy(hereinafter referred "Policy") provides users with normative guidelines, and in the event of a conflict or inconsistency between this Policy and "Terms and Conditions", "Terms and Conditions" shall prevail. Users should use CNGBdb’s services abide by all applicable laws and rules. Drafting of the Policy is based on all applicable latest laws, regulations and international treaties, such as the "Regulation of the People’s Republic of China on the Administration of Human Genetic Resources", "Scientific Data Management Policy", "Convention on Biological Diversity" and so on.
Article 3 The data types in this Policy include Gene data, Protein, Metabolomics, Images, Clinical trials, Biomarkers, Reference materials, Articles and Literature, and so on, and their corresponding metadata (e.g. project, sample, experiment information）.
Article 4 CNGBdb keeps the standardization of data formats by formulating unified data standards, and adopts strict physical and information security measures to ensure data security. CNGBdb will not transfer or disclose your data, except as necessary for data safety monitoring, national audits or as otherwise required by law.
Article 5 The data is submitted by users (Data Submitter, refers to the users who submitted data to CNGBdb). CNGBdb will require Data Submitter to submit relevant approved materials according to the Data access manner selected. CNGBdb reviews the completeness, the correctness of the application, and the consistency in what has submitted. The Data Submitter should promise that all information (including but not limited to the given information and submitted data) involved in this data submission application is in accordance with the relevant laws, regulations, biosafety and bioethics principles of China and other relevant countries/regions.
Article 6 Data Submitter should submit data in accordance with CNGBdb data standards and submission procedures, and ensure the completeness, accuracy, authenticity and validity of the submitted data.
Article 7 According to the Data access manner selected by Data Submitter, CNGBdb clearly defines access/download rights, data acquisition conditions, procedures, and usage specification to create a fair and reliable sharing environment.
Article 8 Data access manner of CNGBdb is defined to be Public, Controlled, and Private.
1) Public Data
Public Data refers to data whose data access manner is "Public". That is, the metadata and data files associated with the project will be public. Public Data will be open to the world, accepting the access of user browser and download.
2) Controlled Data
Controlled Data refers to data whose data access manner is "Controlled". That is, the metadata associated with the project will be public and the data files will be controlled. Users can apply for access to Controlled Data. You need to set the release date of metadata, and all metadata associated with the project will be public on that date.
3) Private Data
Private Data refers to data whose data access manner is "Private". That is, the metadata and data files associated with the project are controlled. Private Data is only used by the Data Submitter on demand.
Article 9 As a scientific data service platform, CNGBdb archives data and requires relevant certification materials according to the Data access manner (Public, Controlled, and Private) selected by Data Submitter.
Article 10 In order to meet the disclosure requirements of international journals and magazines in the field of life sciences for research data, users can archive and share their data with CNGBdb, and global researchers can verify the authenticity and traceability of corresponding papers with sharing data. For this purpose, users can visit the name or work unit of Data Submitters, and access or download the data of public projects or approved controlled projects. The data includes but not limits to Gene data, Protein data, and Commercial materials data. These data come from the samples of human, animals, plants, microorganisms and other samples that are not easily classified.
Article 11 Users accessing and downloading data must comply with relevant laws and regulations and CNGBdb data usage specifications. The data downloaded by users should be stored on a storage medium that fully guarantees data security, and the data should only be stored within the period necessary for the purpose mentioned in Article 10 of this Policy, and the relevant data should be deleted in time after the necessary period is exceeded (the maximum period is two years).
Article 12 Users shall process data within the purpose, manner and scope of processing described in this Policy. All activities conducted by users in CNGBdb should strictly comply with the laws, regulations, policies, biosafety and bioethical principles of China and other relevant countries or regions, and shall not engage in data processing activities that endanger public health, national security and public interest or the legitimate rights and interests of others.
Article 13 If any data information submitted to CNGBdb or published through CNGBdb involves human genetic resource (HGR, the term "human genetic resources (HGR)" includes human genetic resources materials and human genetic resources information according to the "Regulation of the People’s Republic of China on the Administration of Human Genetic Resources". The term "HGR materials" means genetic materials such as organs, tissues and cells which contain human genomes, genes and other genetic substances. The term "HGR information" means information materials such as data generated from the utilization of HGR materials.) information, the Data Submitter and Data Submitter Institution(s) guarantee and warrant that all data he /she submitted on CNGBdb are legal and all the activities he/she have carried out or will carry out should be in accordance with the relevant laws, regulations, biosafety and bioethics principles of China (including but not limited to the "Regulation of the People’s Republic of China on the Administration of Human Genetic Resources"), and will submit relevant certification materials (such as Recordation and the record-filing form with the MoST (China’s Ministry of Science and Technology) Human Genetic Resource Administration) to prove its legality.
Article 14 Users will negotiate and determine on their own the ownership of results, intellectual property rights, other rights in the use of CNGBdb Public Data outputs, the allocation and the revenues.
Article 15 If Data Applicants apply for Controlled Data through CNGBdb and reach a cooperation intention, they shall negotiate, sign a material / data transfer agreement, and clearly stipulate fees, transfer methods, intellectual property rights distribution, etc. on their own under legal premises. The user’s aforementioned behavior is independent of the platform. The allocation of intellectual property rights by users should comply with legal regulations. When involving the use of HGR information for international cooperative scientific research, it should also comply with the relevant provisions on the allocation of intellectual property rights in the "Regulation of the People’s Republic of China on the Administration of Human Genetic Resources".
Article 16 Users will reference the contributor and funding organization of the original research, as well as CNGBdb project number, in all oral or written presentations, disclosures, or publications, patents, etc., that utilize CNGBdb shared data outputs.
Article 17 Users submitting data to CNGBdb will not change the ownership of the submitted data.
Article 18 By submitting data to CNGBdb, users agree that CNGBdb will perform the necessary processing of the data and disclose the data processing results (such as quality control information, etc.) to ensure data quality and promote data sharing and reuse.
Article 19 The Data Submitter guarantee and warrant that all information (including but not limited to the given information and submitted data), documentation and materials sending to CNGBdb have been strictly personal reviewed and ensure all data are legal, true, complete and accurate. The user is responsible for any damage caused by the illegality, untruthfulness, incompleteness and inaccuracy of the above data, documents and materials. And the Data Submitter will bear the loss brought to the relevant users/organizations.
Article 20 CNGBdb and China National GeneBank (CNGB) reserve the right to hold users liable for violations of this principle and the terms and conditions of CNGBdb. If the data submitted by the user is found to be illegal, CNGBdb shall have the right not to store the illegal data. CNGBdb has the right to delete and report to the relevant state organs if any illegal data has been stored and filed.
Article 21 In the event of a data security incident (tampering, destruction, leakage, loss, or illegal acquisition, illegal use, etc.), CNGBdb will immediately launch an emergency response plan and actively take remedial measures to prevent the damage from expanding. If a security incident causes harm to users or other individuals, CNGBdb will promptly notify users of the basic situation of the security incident, possible impacts, disposal measures taken or to be taken, and prevent or reduce risks for users in accordance with laws and regulations. suggestions etc. If it is difficult to notify one by one, CNGBdb will adopt a reasonable and effective way to issue an announcement. At the same time, CNGBdb will perform its reporting obligations in accordance with laws, regulations or regulatory requirements.
Article 22 CNGBdb and China National GeneBank (CNGB) shall have the final right to interpret this Policy.
Article 23 CNGBdb reserves the right to update this Policy from time to time in accordance with all applicable laws, regulations, policies and the needs of CNGBdb operation and management. The updated version will be released on the CNGBdb official website. If you do not agree to the changes made by CNGBdb to the Policy, you have the right to stop using the relevant services provided by CNGBdb and notify CNGBdb in writing. If you continue to use our services after the updated version is released, it means that you accept the updated content.