Data Use Agreements

Your request for a Data Set, as defined below, is subject to the terms and conditions of this Data Use Agreement.

Definitions

• "Data Set" — An organized collection of digital data derived from part of accreditation activities about programs and institutions. It may include confidential, personally identifiable information or Personal Health Information (PHI) subject to privacy laws and regulations, including HIPAA. For Data Sets to which access has been granted that include PHI, execution of a Business Associate Agreement may also be required.
• "Data User" — The individual to whom access has been granted to the requested Data Set, including his or her immediate collaboration sphere, defined here as the institutions, partners, students, and staff members with whom the Data User collaborates, and with whom access must be granted, in order to fulfill the Data User's intended use of the Data Set.
• "Data Set Contact" — The individual at the ACGME who authorizes the release of the Data Set to the Data User.
• "Data Set Creator" — The individual(s) at the ACGME who is responsible for the collection or creation of the Data Set.

Conditions of Use

The re-use of scientific data has the potential to greatly increase communication, collaboration, and synthesis within and among disciplines, and thus is fostered, supported, and encouraged. Permission to use this Data Set is granted to the Data User free of charge subject to the following terms:

1. Acceptable use. Use of the Data Set will be restricted to the use described in your request. The Data User is permitted to produce and distribute derived works from this Data Set provided that such use and distribution is done in accordance with the terms of this Data Use Agreement. Any other uses for the Data Set or its derived products will require explicit permission from the ACGME. Under no circumstances is the Data User permitted to sell or lease the Data Set.
2. Redistribution. The Data Set is provided for use by the Data User. The Data User will not redistribute or republish the original Data Set.
3. Citation. It is considered a matter of professional ethics to acknowledge the work of other scientists. Thus, the Data User will properly cite the Data Set in any publications or in any derived products that were produced using the Data Set.
4. Acknowledgement. The Data User should acknowledge any institutional support or specific funding awards accompanying this Data Set in any publications where the Data Set contributed significantly to its content.
5. Notification. The Data User will notify the Data Set Contact when any derivative work or publication based on or derived from the Data Set (as approved by the ACGME) is distributed and will provide the Data Set Contact with reprints or online access to any derived digital products. Notification will include an explanation of how the Data Set was used to produce the derived work.
6. Collaboration. The Data Set has been released in the spirit of open scientific collaboration. Data Users are thus strongly encouraged to consider consultation and/or collaboration with the Data Set Creator prior to publication.
7. Data Security. The Data Set must be protected with reasonable data security, including appropriate administrative, physical, and technical safeguards. This obligation includes proper management of any employees, volunteers, students, or vendors that may assist with storage or processing of the Data Set. The Data User is fully responsible for the Data Set. Any unauthorized access, acquisition, or loss of the Data Set must be promptly reported to ACGME through the Data Set Contact. The Data User agrees to fully cooperate with ACGME in the investigation and remediation of such breach.
8. Data Set Retention. Data User shall retain the Data Set only for as long as is necessary for the purpose described in your request. Upon conclusion of that purpose, you agree to immediately return or destroy the Data Set and, upon request, will certify to ACGME that you have done so, unless otherwise required by applicable law.
9. Audit. At ACGME’s request and upon reasonable notice, Data User, shall cooperate with any request by ACGME to audit use of the Data Set, including compliance with the requirements of this Data Use Agreement.

Publication

The Data User and the ACGME acknowledge and agree that the Data User shall have the right to communicate the outcomes of its research in any fashion, including but not limited to, publishing, reproducing, preparing derivative works based upon, distributing, displaying, or presenting the outcomes; provided, however, the Data User shall provide the ACGME with a copy of the publication thirty (30) days prior to disclosure to a third party so that the ACGME can review to ensure the Data Set has been used in accordance with this agreement and any restrictions on the Data Set provided at the time of disclosure.

The ACGME does not grant the Data User any right or license to use the ACGME’s logo or trademarks.

Acceptance of Terms

By accepting this Data Set, the Data User agrees to abide by the terms of this agreement. The Data Owner shall have the right to terminate this agreement immediately by written notice upon the Data User's breach of, or non-compliance with, any of its terms in which the Data User will be required to return or destroy all copies of the Data Set. The Data User may be held responsible for any misuse that is caused or encouraged by the Data User's failure to abide by the terms of this agreement.

Disclaimer

While substantial efforts are made to ensure the accuracy of data and documentation contained in this Data Set, complete accuracy of data cannot be guaranteed. All data are made available "as is." The Data User holds all parties involved in the production or distribution of the Data Set harmless for damages resulting from its use or interpretation.