MEL App Terms of Use and Privacy Policy

Owned by Enrico Bonaiuti
Last updated: May 30, 2018
12 min read

Welcome to MEL App (“App”). The App is an online collaborative working tool for project Monitoring, Evaluation and Learning of the International Centre for Agricultural Research in the Dry Areas (“ICARDA”) and the International Potato Centre (“CIP”) (“Owners”, “Joint Controllers” and “Processors”). Additional organizations, projects and programs may use the App upon permission of the Owners.

In order to use the App, you must agree to comply with and be bound by the Terms of Use and the Privacy policy, both to be read carefully and in full. By accepting the Terms of Use and the Privacy Policy, you give your consent to the Owners to control and process, by abiding to your rights and in good faith, your Personal Data for the purposes and objectives of MEL (see point 1 “MEL Identity, Purposes and Objectives”). Any update of the present Terms of Use and Privacy Policy will require the Users to renew their consent or disagree them upon login the App for the first time after the changes take effect. The Users logged in while the changes are implemented are deemed compliant with the latest version of the Terms of Use and Privacy Policy they agreed to.

The Owners carry out, through the App and in full compliance with their host Countries regulations and of the laws of England, a non-profit, of public interest, transparent service of Monitoring & Evaluation demanded by and in accordance with worldwide donors and stakeholders, strictly related to agricultural research projects and activities. The Data subjects (“Users”) are individuals of age involved in such activities, related establishments, areas of implementation or results and transformations obtained or produced.

 

TERMS OF USE OF MEL APP

  1. MEL Identity, Purpose and Objectives

Monitoring, Evaluation and Learning (MEL) is multi-center and multi-CRP online platform for integrated management, monitoring, and reporting of projects, from planning to budgeting, risks’ assessment, and more. The platform comes with MELSpace, an integrated Open Access repository, and the Knowledge Sharing tool-set, which includes an internal discussion forum, a technical assistance chat, project dedicated web-pages, and a communication-friendly module to write and disseminate project related blog stories.

MEL purpose is to boost the outreach of the scientific results of agricultural research projects and activities worldwide, planned, implemented and reported by mean of international donors and public funds, through the application and development of suitable, advanced IT solutions.

MEL main objective is to safeguards intellectual property and provides full credit to the authors of knowledge reported, making use of international metadata standards such as Dublin Core. MEL basic objective is to provide M&E, administrative and programmatic support to international organizations and actors engaging in the field of agricultural research, free of charge.

The platform has been integrated with a number of web services, listed in the Privacy Policy of MEL App, and shall interoperate with other platforms for reasons coherent with the present identity, purpose and objectives.

MEL is the result of the synergic efforts by CGIAR Research Program on Grain Legumes and Dryland Cereals (GLDC), CGIAR Research Program on Roots, Tubers and Bananas (CRP-RTB), The International Center for Agricultural Research in the Dry Areas (ICARDA), The International Potato Center (CIP), The World Agroforestry Center (ICRAF), The International Institute of Tropical Agriculture (IITA), ICARDA Geoinformatics Unit (GU), and is powered by iMMAP, Codeobia, D-Space and Amazon Web Services.


2. Intellectual Property

  1. The codes, infrastructure, design and services on this App, as well as their selection and arrangement, are the joint property of Owners and are protected by intellectual property laws and any unauthorized use of the App may violate such laws and these Terms of Use.
  2. The Owners grant MEL’s Users a royalty-free license to use the App. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the information contained or offered in the App unless an express authorization is provided. In addition, you agree not to use any Data mining, robots, or similar Data gathering and extraction methods in connection with the App.
  3. The Owners make the software source code freely available at (INCLUDE ADDRESS WEBLINK) under the terms of GNU General Public License v.3 https://www.gnu.org/licenses/gpl-3.0.en.html.
  4. User Generated Content: you will be the only owner of the intellectual property associated with any new content that might be generated from your use of MEL (“Contribution”) and which you agree to license back to the Owners on a non-exclusive, unlimited, worldwide, royalty free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and/ or to incorporate your Contribution in other works in any media now known or later developed for the full term of any rights that may exist in your Contribution.


3. Copyright

The content, organization, graphics, design, audio, animation, video, compilation, magnetic translation, digital conversion and other matters related to the App are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the App is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the App. Except for any content generated by you over which you acquire sole ownership as in accordance with 1(B) above, the posting of information or materials on the App does not constitute a waiver of any right in such information and materials.


4. Use of Software

The software and accompanying documentation that is made available to download from this App is the copyrighted work of the Owners. If you do not agree to such terms, you will not be able to use the software. By uploading any content to the software, you expressly represent and warrant that you have the right to upload such content for the purposes of the App and that you provide any User of the App the rights on such content as provided in these Terms of Use. You also represent and warrant that the uploaded content has been verified in accordance with applicable quality standards and internal checks, including scientific accuracy, at your institution or by an external review. If you make content of experimental nature or pending quality and accuracy verification, this must be expressly disclaimed. You are solely responsible for the licensing of any content shared through, tagged within, displayed in and uploaded to the App through your account, comprising but not limited to copyright compliance, dissemination, visibility and usability of the content. You are responsible for the correct attribution of the content shared through, tagged within, displayed in and uploaded to the App through your account and of the accuracy of associated metadata. The User assumes full responsibility for any omission and incorrect or partial information provided while sharing through, tagging within, displaying in and uploading any content to the App, intentionally or unintentionally. The Owners decline any liability incurring in importing to, tagging in, sharing, displaying and migrating from the App content that has been incorrectly licensed or which information and metadata has been omitted, incorrectly or partially provided by the User or external sources, unless the User involved communicates or denounces said omittance, mistake or inaccuracy to the Owners, allowing 30 days to rectify the issue by amending or deleting the content.


5. Registering

In order to become a User, you need to complete the registration process in full, as instructed by the App Administrators, directly or through any online or in-print tutorial or support material. You have the duty to safeguard your Personal Data of access (credentials). The Owners decline any liability related to loss, dissemination, theft, inappropriate usage or any use of the credentials non-expressly allowed by these Terms of Use. By initiating the registration process, you give to the Owners permission to control and process your credentials for as long as you agree to these Terms of Use. The Owners reserve the right to withheld any Personal Data necessary to perform the Owners’ duties on and through the App for as long as needed and not more. This Owner’s right is established by the Article 17 of the General Data Protection Regulation (EU) 2016/679 as of 27 April 2016.


6. Content Provided by other Users and Third Parties

The Owners do not act as moderator within the App and decline any liability related to insertion, visualisation or usage of content provided by third parties and other Users in the App. The Owners are not responsible of those contents and their accessibility. You assume full liability deriving from visualisation, inappropriate insertion and misuse of content on the App, as well as for any resulting Data and rights breach and infringement.


7. Services Provided by Third Parties

Users can make use of third parties services and contents provided by and embedded in the App only by reading and accepting the related privacy policies and terms of use. The Owners are not responsible of the correct functioning and availability of those services and declines any liability in this regard.


8. Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from the App grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, appropriation, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale, redistribution or dissemination). The rights granted to you constitute a limited, nonexclusive license and not a transfer of title.


9. Editing, Deleting and Modification

The Owners reserve the right in their sole discretion to process any documents, information or other content appearing on the App, given the proper consent by the Users by reading, understanding and agreeing to the present Terms of Use.


10. Liability and Indemnification

The Owners safeguard all Personal Data within the App and shall communicate to the User any Personal Data breach within 72 hours after having become aware of it, or later given impeding circumstances. However, neither the Owners nor any of their agents, employees and/or sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the App or information, content or materials created included on the App by you or any of your agents, employees and/or sub-contractors. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms of Use of this App.


11. Age Limit

You declare to be adult according to the legislation applicable in your country of residence. You are responsible of watching over your sessions of use of the App and of not allowing any minor to intervene, assuming full liability.


12. Non-transferable

Your right to use the App is not transferable. Any credential, permission or right given to you to operate in the App at any level, such as controlling, processing or obtaining any information or document, is not transferable. You may not give your account in use to another person or legal entity without the permission of the Owners. You are responsible of watching over your sessions of use of the App and assume full liability.


13. Modification of the Present Terms of Use

The Owners have the right to amend, edit and nullify any part or all of the present Terms of Use at their complete discretion, given proper notice to the Users whom shall read, understand and decide whether to renew their agreement or not.


14. Your Right to be Forgotten, Disagree the Terms of Use and Privacy Policy

You can request to be forgotten anytime, by mean of the specific option provided within the App or by contacting the MEL Administrators. Your Personal Data shall be permanently delete without recovery option within 24 hours, or more given impeding circumstances. The Owners reserve the right to withheld any Personal Data necessary to perform the Owners’ duties on and through the App for as long as needed and not more. This Owner’s right is established by the Article 17 of the General Data Protection Regulation (EU) 2016/679 as of 27 April 2016. You can also withdraw your agreement to the Terms of Use and the Privacy Policy anytime, by mean of the specific option provided within the App or by contacting the MEL Administrators; such withdrawal will trigger the request to be forgotten.


15. Partial Inefficacy or Nullification

Should any part of the Terms of Use being nullified, invalid or ineffective, that part shall be amended while all the other parts of the Terms of Use will retain their legal efficacy in full.


16. Disclaimer and Limits

THE INFORMATION FROM OR THROUGH THE APP ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS APP AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE APP SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR APP. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.


17. Governing Law & Jurisdiction

These terms shall be governed by and construed in accordance with the laws of England. You expressly submit to the exclusive jurisdiction of the Courts of England & Wales and consent to extra-territorial service of process. Should any part of these terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.



PRIVACY POLICY OF MEL APP

This application retrieves certain Data property of its Users for functional (allowing the complete and correct functioning of the App from the User’s end) and statistical (monitoring and evaluation of the App, its traffic and usage for internal audit) purposes. The Data retrieved is the following and by means of the specified services:

  • Registration Data
  • Personal Data
  • User Contacting (external Emailing, embedded Chat and Forum)
  • Users Support
  • Statistic
  • Database Management
  • Infrastructural Monitoring
  • Behavioral Targeting
  • External Platforms, Applications and Websites Access and Registration (ORCiD)
  • External Platforms, Applications and Websites Content Visualisation (Social Media, YouTube, MELSpace, SHERPA/RoMEO)
  • External Platforms, Applications and Websites Content Engagement (Social Media, YouTube, MELSpace, SHERPA/RoMEO)
  • Live Chat Platforms Engagement (Tawk)

 

Data Transferral, Dissemination and Other Rights of the Users

The Owners reserve the right to transfer, communicate, disclose and disseminate the Personal Data of the Users as required in order to achieve the objectives of MEL and their contractual duties. The transferral and communication shall happen exclusively with entities able to demonstrate their compliance with EU General Data Protection Regulation (EU) 2016/679 and expressing unequivocal will to abide such regulation in good faith. The disclosure and dissemination shall not include sensible or special category Data and will be only carried out in the Users and related institutions interests (i.e. providing credit for knowledge produced or research results obtained). In no case and for no reason the Owners sell or rent Users Personal Data to other Users or Third Parties. The sole uses made of Data are those listed in this Policy. The Users are the sole owners of their Data and can request related modification or deletion anytime as specified in the Terms of Use. The Owners shall store inert Data for a period not longer than 365 days. The Owners reserve the right to withheld any Personal Data necessary to perform the Owners’ duties on and through the App for as long as needed and not more. This Owner’s right is established by the Article 17 of the General Data Protection Regulation (EU) 2016/679 as of 27 April 2016

You have the right to lodge a complaint with EU authorities or any other authority compelled to watch over, ensure and enforce your rights, although, being these terms governed by and construed in accordance with the laws of England, you expressly submit to the exclusive jurisdiction of the Courts of England & Wales and consents to extra-territorial service of process. Should any part of these terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.


Joint Controllers Contact Details

  • International Center for Agricultural Research in Dry Areas – ICARDA

Dalia Building 2nd Floor, Bashir El Kassar Street, Verdun, Beirut, Lebanon 1108-2010

Tel: +961 1 813303

Fax: +961 1 804071/01-843473


  • International Potato Center – CIP

Avenida La Molina 1895, La Molina, Apartado Postal 1558, Lima, Peru

Tel: +511 3496017