AUSSDA Terms of Service

1. Scope of application

The following Terms of Service shall apply to the use of the services of the Core Facility AUSSDA – The Austrian Social Science Data Archive (hereafter referred to as ‘AUSSDA’), by its users. Use of these services shall exclusively be subject to these Terms of Service, as well as to all and any regulations and the AUSSDA Privacy Policy related to the said services that are communicated by AUSSDA. These Terms of Service are accepted by mouse click. The provisions of these Terms of Service shall also apply to use either without or before registration, during the registration process and after a user account has been deleted. These Terms of Service shall remain in force for as long as AUSSDA services are offered and these Terms of Service are not amended.

2. Amendments to the Terms of Service

AUSSDA shall reserve the right to amend these Terms of Service at any time. Any amendments shall be communicated in advance on the website www.aussda.at, or by an e-mail to the e-mail address given in the user account. Unless consent to the amended Terms of Service is withdrawn before they have entered into force, the new Terms of Service shall be deemed accepted. The time of entry into force shall be specified when the information on the amendments is communicated.

3. Service description

AUSSDA offers users the opportunity of storing, making available and using archive materials and related services (hereinafter referred to as ‘services’). In the context of these Terms of Service, the term ‘archive materials’ refers to immaterial goods that are available in machine-readable formats and can be transferred irrespective of a carrier, particularly through the Internet. This particularly applies to any type of data related to social sciences, as well as accompanying documents such as codebooks, reports on methods, questionnaires, analysis scripts, process data for data collection (paradata) and metadata (hereinafter collectively referred to as ‘archive materials’). AUSSDA intends to make archive materials searchable, accessible, interoperable and reusable. AUSSDA reserves the right to offer services against payment in the future.

4. Use of services

The use of certain services requires the set up of a user account (hereafter referred to as ‘registration’).

4.1 Data collection, data processing and data use

In the course of registration, personal data are collected. The users shall confirm that the information they have provided is correct, up to date and complete, and they shall agree to keep this information up to date. They shall revocably consent to the collection, processing and use of these data by AUSSDA, to the extent that is necessary for achieving the purpose of the said services.

Provided that the services are subject to the Austrian E-Commerce Act, AUSSDA may, under § 18 of the E-Commerce Act, be obliged by order of any court authorised by law  to transmit to this court all information based on which the users of their services can be investigated in order to prevent, investigate, clarify or prosecute legally punishable acts; and based on any order from an administrative authority, to transmit to this authority the names and addresses of the users of its services, provided that knowledge of such information constitutes a material prerequisite for realising the duties assigned to the authority; and to transmit the names and addresses of any user of its services at the request of third parties, provided such third parties have an overriding legal interest in determining the identity of the user and any particular illegal state of affairs, and furthermore substantiate that knowledge of such information constitutes a material prerequisite for legal prosecution. The users shall have the right to disclosure and rectification of personal data, as well as the right to deletion or blocking of personal data that have been processed without permission.

4.2 Lawful conduct

The users shall agree to behave lawfully when using the services and when registering an account, and shall in particular agree not to pursue any illegal purposes, not to commit any copyright violations or violations of personal rights, and especially not to disseminate any discriminating, extremist or pornographic archive materials.

In the event of archive materials containing personal data, the depositor shall – in the absence of consent to non-anonymised use – anonymise the said data in a way that they can no longer be attributed to a specific person. The users shall agree not to make any attempts (including for research purposes) to re-identify data or to publish or disseminate re-identified data. The users shall agree not to make any attempts or take any measures that result in the circumvention of the service restrictions put in place by AUSSDA. This particularly applies to restrictions of access to archive materials. The users shall agree to hold harmless and indemnify AUSSDA against any claims asserted by third parties due to the culpable (negligent or wilful) storage and making available of unlawful archive materials or the use of said archive materials by users, as well as due to unlawful use.

Archive materials that have been made available can be accessed and used according to the terms of use (licences) that have been granted for them.

The users shall agree not to use the IT infrastructure provided by AUSSDA disproportionately or to an extent that exceeds the level of normal use by other users. AUSSDA shall be entitled to define what extent of use shall be deemed disproportionate.

Non-compliance with the above paragraph may result in an extraordinary termination of contract. Above all, in such a case, the user account will immediately be deleted.

4.3 Information obligations concerning publications relating to archive materials

AUSSDA shall be informed about any publications that relate to the archive materials. This shall ensure the traceability of the use of services and thus their preservation, and encourages research with the data. AUSSDA shall be informed of any publications that have used archive materials that are accessible at AUSSDA as soon as such a publication appears in print, and, at the latest, 2 weeks following its publication, by means of an e-mail including the citation to info@aussda.at. AUSSDA endeavours to use a uniform citation system and can adapt the citation style accordingly.

5. Storing and making available archive materials

5.1. Exploitation rights

The users shall confirm that they are entitled to grant the exploitation rights to the archive materials that they have specified and selected in the context of storing and making available the said records, without violating any rights of third parties. Provided that exploitation rights to the archive materials other than those enumerated below have been granted, the users shall confirm that they are entitled to grant the said other exploitation rights to the archive materials without violating any rights of third parties.

The users shall take note of the fact that the following standard licences are supported by AUSSDA:

  • Regarding archive materials, a licence under the Creative Commons Attribution 4.0 International Public License, whose applicable license text is available under the following link: https://creativecommons.org/licenses/by/4.0/legalcode.
  • Regarding metadata, a licence under CC0 1.0 Universal, whose applicable license text is available under the following link:
  •  https://creativecommons.org/publicdomain/zero/1.0/legalcode.The users shall confirm that they will always use a CC0 1.0 Universal licence for metadata. In this context, the term ‘metadata’ refers to information as described in the metadata system in the version used by AUSSDA. This includes summaries (abstracts) and information extracted or aggregated from the archive materials that further describe the data, particularly names of variables, descriptions of variables, descriptions of the dataset, the number of variables in the dataset, the number of cases in the dataset, and aggregated descriptive statistics at the variable level – for instance, mean values or standard deviations.

In addition, users have the option to use the following licence for their archive materials, whereby the metadata continue to be covered by a CC0 1.0 Universal licence:

Certain archive materials can only be used after granting access by AUSSDA or the depositor (hereinafter referred to: access on demand). AUSSDA shall be entitled to decide which archive materials shall be made available by means of access on demand and who shall be granted access to these archive materials. AUSSDA shall be entitled to refuse the making available of archive materials by ‘access on demand’ or their use, without giving reasons for the said refusal.  

Provided that it is necessary for the purpose of service provision, the users shall grant AUSSDA the non-exclusive right, free of charge and unlimited with regard to time and place, to use the archive materials in full or in part at its discretion, and in particular to reproduce, publish, disseminate, send, archive, make available to the public through wireless or wired technology and edit the said archive materials, and in particular to carry out any modifications of the said archive materials that are necessary for technical reasons or in regard to storage requirements. The users shall also grant AUSSDA those rights that arise from future technological development or changes in the applicable legislation. A main goal of AUSSDA is to ensure the long-term availability of the archive materials. For this reason, AUSSDA reserves the right to store archive materials at other places anywhere in the world in future.

5.2 Non-warranty

The services are provided without any warranty, particularly with regard to the preservation, making available and period of availability of the archive materials. AUSSDA shall be entitled to delete archive materials that have been stored and made available by users, at any time and without stating reasons for the said deletion. AUSSDA shall not be liable for the loss of archive materials or parts thereof. It shall not be admissible to demand the subsequent deletion of archive materials that have been stored and made available, unless a serious reason can be asserted that cannot be complied with by blocking the said archive materials. As a rule, cases such as those given under 5.3.2 shall be deemed to constitute a serious reason. Even if archive materials are deleted or blocked, fundamental metadata that indicate the prior existence of the said archive materials will continue to be visible. In particular, this serves the purpose of enabling persistent identifiers to remain resolvable. Archive materials that have been stored and made available can, by means of metadata, be found in search engines such as “Google”. Should the services be discontinued for an important, unavoidable reason, AUSSDA shall make endeavours to preserve the archive materials to the greatest extent that is possible for the archive. This shall also include the right to transfer, at any time, the rights granted to the said archived materials.

5.3. Liability

5.3.1 Exclusion of responsibility on the part of AUSSDA for third-party archive materials

Any archive materials that have been stored and made available, as well as any links to websites, do not originate from AUSSDA. AUSSDA only stores them and makes them available on behalf of users. AUSSDA does not assume ownership of them and dissociates itself from their contents and specific way of presentation. To the extent that users do not report to AUSSDA or are supervised by the archive, AUSSDA shall not be responsible for any archive materials that have been stored and made available, and does not assume any warranty for other contents and activities of users.

5.3.2 Non-monitoring of third-party archive materials

AUSSDA does not examine, control and monitor the archive materials that have been stored and made available, either before they are made accessible online or with regard to their lawfulness. The said archive materials are not examined with regard to the intellectual property right status; this particularly applies to protectability and the ownership. AUSSDA shall not, on its own account, investigate circumstances that indicate possible unlawful actions. Should AUSSDA actually become aware of any unlawful actions or unlawful archive materials, or should AUSSDA become aware of any circumstances that clearly indicate unlawful activities or unlawful archive materials, AUSSDA shall be entitled to remove the said archive materials immediately and to block access to them.

6. Concluding points

Should individual provisions of these Terms of Service be, or become, ineffective or unenforceable, the remaining provisions shall continue to be effective and enforceable. In such an event, the parties to the agreement shall endeavour to replace the ineffective or unenforceable provision with an effective and enforceable one that as closely as possible fulfils the purpose of the ineffective or unenforceable provision. The same shall apply in the event of a loophole in this contract Any disputes arising from the use of services shall be governed by Austrian law. Vienna shall be the legal venue.

Note: This document is a translation of the German version of the contract (“Nutzungsbedingungen”). In the event of any deviations resulting from the translation, the formulation set forth in the German version shall prevail.