Access: Registration

Information about data protection in accordance with Article 13 and 14 General Data Protection Regulation (GDPR): use of the “FISH-FIT” online database

1. Name of the processing activity
   Personal data is processed for the purpose of activation as well as the use of the controller’s “FISH-FIT” online database.

2. Controller’s name and contact details
   Prof. Dr. Tanja Schwerdtle
   Max Rubner-Institut
   Federal Research Institute for Nutrition and Food
   Haid-und-Neu-Str. 9
   76131 Karlsruhe, Germany
   Phone: +49 721 6625-0
   Fax: +49 721 6625-111
   Email: kontakt/poststelle@mri.bund.de

3. Contact details of the data protection officer
   Max Rubner-Institut
   Federal Research Institute for Nutrition and Food
   Haid-und-Neu-Straße 9
   76131 Karlsruhe, Germany
   Phone: +49 721 6625-299
   Email: datenschutz@mri.bund.de
    
4. Purposes of processing and categories of personal data
   Registration is required to access and use the FISH-FIT database.
   
   If you want to use our “FISH-FIT” online database, the following data will be collected during registration:
   • First and last name
   • Title
   • Email address
   • Name, address and country of institute/authority/organisation to which you belong.
   • Your function at institute/authority/organisation
   
   If unlawful access to this service is suspected, the IP address of the computer from which the interaction originate is also stored.
   
   In this context, personal data is stored on a server located in the Federal Republic
   of Germany.
    
5. Legal basis of processing
   Article 6 (1) (b), (c) and (e) GDPR in conjunction with section 3 German Federal Data Protection Act (BDSG).
   
   Your name in connection with database entries published by you or other documents is used in accordance with Article 6 (1) (c) GDPR in conjunction with section 13 German Copyright Act (UrhG).
   
   The legal basis for processing by employees of the controller is:
   
   Article 6 (1) (b) and (e) and Article 88 GDPR in conjunction with sections 3, 26 BDSG; section 106 (4) German Federal Civil Service Act (BBG), German Tariff Agreement for Public Sector Employees (TVöD), if applicable in conjunction with corresponding specialist law or decrees that are implemented by the use of the databases.
    
6. Recipient of the personal data
   The controller is the recipient of the personal data.
    
7. Transfer of personal data to a third country
   No data is transferred to a third country or international organisation.
    
8. Storage duration of personal data
   Personal data is deleted on deregistration of the user account and by no later than the point at which the legal reason for storing it no longer applies.
   
   If you obtain access to authentic material (tissue material) in the context of the use of
   “FISH-FIT”, the controller is obliged to store your personal data for twenty years in
   accordance with Regulation (EU) No. 511/2014.
    
9. Rights of data subjects
   As a data subject you may assert the following rights vis-à-vis the Max Rubner-Institut
   under GDPR (see point 2 for the data protection officer):
   
   Right of access – Article 15 GDPR
   You have the right of access to information about the data processed concerning your person, the origin and recipients of such data as well as the purpose of processing and the storage duration. The exceptions to this right as set down in section 34 BDSG apply.
   
   Right to rectification – Article 16 GDPR
   You have the right to rectification of inaccurate data concerning your person.
   
   Right to erasure – Article 17 GDPR
   Furthermore, you have the right to request the erasure of your personal data by the controller.
   
   However, this is only possible if the personal data concerning you is no longer necessary, is being processed unlawfully or if consent in this regard has been revoked. The exceptions to this right as set down in section 35 BDSG apply.
   
   Right to restriction of processing 18 GDPR
   Furthermore, you have a right to restriction of processing. The right to restriction of processing confers the option to prevent further processing of the personal data concerning you for the time being. Such a restriction applies above all in the phase during which other rights asserted by the data subject are being examined.
   
   Where a restriction on the processing of personal data concerning you has been applied, such personal data shall only be processed, with the exception of storage, subject to your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.
   
   Right to data portability – Article 20 GDPR
   The right to data portability confers the option to receive the personal data concerning you in a common, machine- readable format from the controller in order to have it transmitted to another controller, if necessary, or the right to have the personal data transmitted directly from one controller to another controller, insofar as this is technically feasible.
   
   However, this right is not available if the data is being processed for the performance of tasks carried out in the public interest (Art. 20 (3) sentence 2 GDPR).
   
   Right to object – Article 21 GDPR
   In addition, you have the right to object to the processing. The right to object confers the option to object to the further processing of your personal data in a specific situation where this is justified by the performance of tasks in the public interest and by public and private interests. The exceptions to this right as set down in section 36 BDSG apply.
   
   Right to complain – Article 77 GDPR
   If you feel that your rights have been violated with regard to the processing of your personal data by the Max Rubner-Institut, you have the right to lodge a complaint with a data protection supervisory authority.
   
   You can contact the data protection supervisory authority responsible for the Max Rubner-Institut as follows:
   
   The Federal Commissioner for Data Protection and Freedom of Information
   Graurheindorfer Straße 153
   53117 Bonn, Germany
   Phone: +49 (0)228 997799-0
   Fax: +49 (0)228 997799-5550
   Email: poststelle@bfdi.bund.de
    
10. Data not collected directly from you
    Data concerning contractual contacts or individuals is also collected by contractual partners or other public agencies and shared with the MRI, e.g., in the case of German governmental demand monitoring and/or framework agreements.Max Rubner-Institut, Booth: 05/2023

Terms of use of the “FISH-FIT” DATABASES
of the

Max Rubner-Institut (MRI)
Federal Research Institute for Nutrition and Food
Haid-und-Neu-Str. 9
76131 Karlsruhe, Germany
Phone: +49 721 6625-0
Fax: +49 721 6625-111
Email: praesident@mri.bund.de

hereinafter referred to as Provider

Preamble
The Max Rubner-Institut – hereinafter “PROVIDER” – maintains the “FISH-FIT” DATABASE – hereinafter “DATABASE” – for USE by authorities/public institutions and research institutions from Europe – hereinafter “Third Parties”. The use of the DATABASE is solely for the purposes of authenticity research or the fulfilment of regulatory/governmental tasks, e.g. establishing authenticity methods to detect food fraud.

Data from research institutions (Europe-wide or Germany-wide) is deposited in the DATABASE provided by the PROVIDER for this purpose.

The aim is to make the deposited data usable for Third Parties, who come exclusively from the public sector in Europe and Germany (e.g. state inspection offices, research institutions).

Now therefore, the Parties agree as follows:

1. Subject matter of the Agreement
   (1) The subject of this Agreement is the use of the PROVIDER’S DATABASE by Third Parties – hereinafter referred to as USER – via the Internet and on the PROVIDER’s servers.
   
   (2) The service is provided only to individual users (natural persons) representing public authorities/public institutions or research institutions from Europe with the aim of joint development of methods and/or data analysis in food analysis. Beyond these USERs, no provision shall be made to any other persons, groups of persons or institutions.
   
   No entitlement to register for and use the service exists.
   
   (4) The USER must provide their personal data to register. The PROVIDER will store, process and use this data for the purposes of user administration in accordance with the regulations on data protection.
   
   (5) A contract for the use of the DATABASE with the PROVIDER shall be deemed concluded when the USER has entered the data requested during the registration process and has started using the software after activation, and by no later than the point at which the USER is given the opportunity to register for the use of the DATABASE using a password which shall be assigned. Input errors can be corrected before use by means of the usual input functions.
   
   By using the DATABASE, the USER accepts these applicable terms of use.
    
2. Services by the PROVIDER; use of the DATABASESSubject matter of the Agreement
   (1) The PROVIDER grants to the USER the use of the respective current version of the software and the DATABASE.
   
   (2) The service transfer point for Internet-based services/deliveries is the router output to the Internet of the data centre used by the PROVIDER. The USER is responsible for the connection to the Internet, the provision or maintenance of the network connection to the data centre as well as the procurement and provision of network access components for the Internet at the USER’s premises. The technical requirement for use of the DATABASE in particular on the part of the USER is Internet access via ISDN or higher.
   
   (3) The PROVIDER is not responsible for the USER’s system environment. The USER themselves shall ensure that they have the system requirements necessary to use the DATABASE. The PROVIDER reserves the right to modify the system environment in which the data is accessed and the other system requirements at any time and to adapt them to new technical developments. This may result in the technical requirements for the USER’s access also changing. The USER is responsible for adapting their access computer to the modified system requirements. The PROVIDER shall keep the changes within the limits of what is reasonable for the USER, taking the PROVIDER’s interests into account.
   
   (4) The PROVIDER shall endeavour to protect the DATABASE from the introduction of viruses, Trojans and malware of any kind. Nevertheless, the PROVIDER cannot exclude the possibility that any documents or parts of documents in particular may be infected with viruses or similar when downloaded, which may lead to faults, data loss or other damage in the USER’s system environment. The USER bears the risk of such virus transmission. They will protect their system environment using up-to-date antivirus software. The PROVIDER shall not be liable for any damage suffered by the USER by such transmission of viruses. The USER is responsible for ensuring adequate backup of the data.
   
   (5) The PROVIDER shall ensure the retrievability of the data within the scope of the use of the DATABASE.
   
   (6) The PROVIDER is entitled to block a USER’s access to the DATABASE if there is sufficient suspicion that they have violated these Terms of Use, in particular if they have provided false information during registration or have violated legal regulations. The USER may avert these measures if they eliminate the suspicion by submitting suitable evidence at their own expense.
   
   (7) Where the PROVIDER also provides tissue material in addition to access to the DATABASE, the USER shall only be granted access to this via a separate contractual agreement.
    
3. Scope of use and rights
   (1) The DATABASE shall not be physically transferred to the USER.
   
   (2) By using the current version of the DATABASE at a given time, the USER shall receive simple, i.e. non-sublicensable and non-transferable rights, limited in time to the term of the Agreement, to use the DATABASE by means of access via a browser in accordance with the contractual provisions.
   
   (3) The DATABASE is protected by copyright as a DATABASE WORK (section 4(2) German Copyright Act (UrhG)) and as a DATABASE (sections 87a et seq. UrhG). Furthermore, the individual documents are works protected by copyright (section 2 UrhG). The USER is entitled to use the DATABASE exclusively for research purposes and/or to the extent required for official purposes within the limits of section 87b UrhG. Where the actual use unreasonably impairs the legitimate interests of the PROVIDER or other Third Parties, the PROVIDER shall be entitled to restrict or prevent access to the DATABASE WORK/DATABASE. This shall apply in particular to the duplication, dissemination or public reproduction of essential components or the repeated and systematic duplication, dissemination or public reproduction and making available of non-essential components of the DATABASE WORK/DATABASE, unless this is covered by the scope of use required for research purposes and/or official purposes. The PROVIDER shall retain as the owner of all rights of use and industrial property rights all copyrights, rights of use and other industrial property rights in the DATABASE not expressly listed below.
   
   (4) The USER shall not be entitled to remove copyright notices, trademarks or other reservations of rights, including watermarks or other markings indicating the author or other holder of rights, serial numbers or other features serving to identify the program from the documents retrieved from the DATABASE.
   
   (5) The USER undertakes to use the DATABASE exclusively for research purposes and/or for official/public purposes, in particular to assist in the identification of fishery products, in order to detect food fraud. Any use beyond this is excluded, in particular use for other purposes and allowing Third Parties separate access to the DATABASE, either free of charge or in return for payment.
   
   (6) The DATABASE may only be used by one person per licence (named user). The USER is obliged to protect the legitimate interests of the PROVIDER at all times when dealing with the licence.
   
   (7) The USER shall acquire the right to access the DATABASE from any computer suitable for these purposes. The duration of the right of use is determined by the duration of this contract of use.
   
   (8) The USER is permitted to:
   a) print out retrieved documents or parts of documents to a reasonable extent and use and archive them for research purposes and/or official/public purposes,
   b) temporarily download parts of documents or working aids to a reasonable extent for the purpose of editing such in their own letters/documents,
   c) to reproduce, quote, print, present, use in publications, use in internal processes and pass on to Third Parties data and metadata to an extent appropriate to the purpose of use.
   
   Any further use, including modifications, edits, redesigns or other changes to the content of the data, metadata, documents or parts of documents – in whole or in part – is excluded.
   
   The use pursuant to a), b) and c) – including in extracts or in parts – is only permitted with reference to the source.
   
   Thereby, it must be ensured that the following information is included as a source note:
   1. name of the provider (PROVIDER) in accordance with its specifications,
   2. the endorsement on this licence and
   3. a reference to the record/document set.
   
   (9) The permission to use the service shall end by no later than at the end of the USER’s employment at their authority/public institution or research institution at which they worked at the time of registration. The USER undertakes to inform the PROVIDER without undue delay of the determination of this employment relationship. The same applies in the event of a change of department or employer.
    
4. Availability
   (1) The PROVIDER shall not grant any general availability of the DATABASE.
   
   (2) The USER shall report any malfunctions to the PROVIDER without undue delay. Fault reporting is possible Monday to Friday (excluding national German holidays) between 9:00 a.m. and 4:00 p.m.
    
5. Duties of the USER
   (1) The USER warrants that all data provided during registration is true and complete. The USER shall ensure that their personal contact details (email address, institute affiliation) are always up to date.
   
   (2) The USER shall protect the access data transmitted to them from access by third parties and keep it safe in accordance with the current state of the art. The USER shall ensure that any use only takes place to the contractually agreed extent. The PROVIDER must be notified of any unauthorised access without undue delay.
    
6. Warranty
   (1) To the extent permissible by law, the PROVIDER shall not assume any warranty for defects of entries, in particular not for the technical and/or commercial applicability as well as scientific or official usability of the information, knowledge, experience and working outcomes from the DATABASE provided on the basis of this Agreement. In particular, the PROVIDER shall not be liable for the legality, accuracy, completeness, timeliness, etc. of the entries.
   
   (2) To the extent permissible by law, the PROVIDER shall not be liable for any conflicting property rights or copyrights of Third Parties. If, however, a contracting partner becomes aware of such protective rights or copyrights of Third Parties which are to be claimed for the use of the DATABASE or which conflict with the use of the contents of the DATABASE, the respective partner shall notify the other partners thereof without delay.
    
7. Liability
   (1) The PROVIDER shall be liable without limitation in the event of intent, gross negligence and culpability for death, personal injury or harm to health.
   
   (2) Notwithstanding the cases of unlimited liability pursuant to clause 8(1), in the event of a breach of duty constituting minor negligence, the PROVIDER shall only be liable in the event of a breach of material contractual obligations, i.e. obligations the fulfilment of which is a prerequisite for the proper performance of the Agreement or the breach of which jeopardises the achievement of the purpose of the Agreement and on compliance with which the other party may regularly rely, but limited to the damage typical for the Agreement and foreseeable at the time of conclusion of the Agreement.
   
   (3) Liability for compensation for indirect damage, in particular for loss of profit, is excluded except in the case of intent or gross negligence.
   
   (4) The above limitations of liability shall not apply to liability under the German Product Liability Act (Produkthaftungsgesetz) or to warranties assumed by a party in writing.
   
   (5) Clause 8 shall also apply in favour of employees, representatives and boards of the PROVIDER.
    
8. Term of Agreement, termination
   (1) The Agreement is concluded for an indefinite period.
   
   (2) The Agreement may be terminated by either party with a notice period of three months to the end of the month.
   
   (3) The grant of rights under this Agreement (Licence Period) shall commence in accordance with clause 1(5) upon conclusion of the Agreement and shall end upon expiry of the contractual term in accordance with clause 8(2) or clause 8(3) as well as in the case of clause 3(9).
   
   (4) This Agreement may be terminated prematurely for good cause, in particular in the event of a breach of the rights of use pursuant to clause 3, but also in particular in the event of a breach of clause 5. Termination without notice generally requires that the other party be given a written warning and requested to eliminate the purported reason for termination without notice within a reasonable period of time, unless there are special reasons within the meaning of sections 314(2), 323(2) German Civil Code (BGB) which make it unreasonable to expect the terminating party to abide by the Agreement even without a prior warning or reminder.
    
9. Data protection; secrecy
   (1) The Parties shall comply with the data protection provisions applicable to them in each case.
   
   (2) The Parties undertake to maintain secrecy about all confidential information (including business secrets) which they learn in connection with this Agreement and its performance and not to disclose, pass on or otherwise use such information vis-à-vis Third Parties. Confidential information in this context is information that is marked as confidential or whose confidentiality is evident from the circumstances, regardless of whether it has been communicated in written, electronic, physical or verbal form. The obligation to maintain confidentiality shall not apply if the Parties are obliged to disclose the confidential information by law or by virtue of a final or non-appealable decision of a public authority or court.
    
10. Closing provisions
    (1) Should any of the provisions of this Agreement be or become void or unenforceable in whole or in part, or should an omission in this Agreement become apparent, the validity of the remaining provisions shall not be affected thereby (severance). It is the express intention of the Parties to thereby maintain the validity of the remaining provisions under all circumstances and thus to waive section 139 BGB as a whole. Instead of the void or unenforceable provision or in order to rectify the omission, it shall be deemed that a valid and enforceable provision has been determined with retroactive effect that legally and economically most closely resembles what the Parties intended or would have intended in accordance with the meaning and purpose of this Agreement if they had considered this point upon conclusion of this Agreement or if they had considered this point when concluding this Agreement or when including the provision; if the invalidity of a provision is based on a measure of performance or time (deadline or date) stipulated therein, the provision shall be deemed to have been agreed with a legally permissible measure that most closely resembles the original measure (notional replacement).
    
    If the notional replacement is not possible, a provision or regulation in accordance with the content of the preceding sentence shall be made in place of the void or unenforceable provision or to rectify the omission (obligatory replacement). If the invalidity or omission relates to a provision requiring notarisation, the regulation or provision must be agreed in notarised form.
    
    (2) Amendments and supplements to this Agreement, including this section 10(2), shall be made in writing unless otherwise provided for.
    
    (3) There are no verbal or written ancillary agreements to this Agreement. The validity of the USER’s General Terms and Conditions is expressly excluded.
    
    (4) The exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement shall be Karlsruhe.
    
    (5) With regard to all legal relationships arising from this Agreement, the Parties agree to apply the law of the Federal Republic of Germany, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (UN Sales Convention).