General terms and conditions for data use of FINO

Preamble

The research project FINO (Forschungsplattformen in Nord- und Ostsee – Research platforms in the North Sea and Baltic Sea) was initiated 2003 by the German government to support the development of offshore wind energy with measurements. As part of these research activities, a large amount of measurement devices has been installed and operated at the research platforms FINO1, FINO2, and FINO3. The measured data are stored within the FINO-database, which is administrated by BSH.

§ 1 Contract Purpose and Establishment Of The Contract

1.1 This agreement sets forth the terms and conditions governing the disclosure, use and protection regarding the DATA transmitted in connection with or in accordance with this agreement, in particular DATA from the FINO-database.

1.2 This agreement is not intended to be, nor shall it be construed as compelling either party to disclose confidential information to the other or creating a joint venture, association, teaming agreement, or other formal business organisation or agency relationship. The disclosure of confidential information hereunder shall not constitute an offer or acceptance or promise of any future contract or amendment of any existing contract. Each party reserves the right in its own and absolute discretion to terminate discussions and negotiations concerning the project and to terminate this agreement.

1.3 By requesting DATA access the DATA USER agrees to these terms and conditions. This agreement comes into force at the latest with the granting of DATA access.

§ 2 Definitions

2.1. Contracting Parties
DATA USER means the person or legal entity which needs the DATA and that receives the DATA, rights, obligations and liabilities.
BSH means
the Federal Republic of Germany
represented by the Ministry for Digital and Transport
the latter represented by
Bundesamt für Seeschifffahrt und Hydrographie (BSH) (Federal Maritime and Hydrographic Agency)
represented by the president Dr. Katrin Kammann-Klippstein
Bernhard-Nocht-Straße 78
20359 Hamburg

2.2. RESEARCH PURPOSE
means the purpose of the research for which access to the DATA has been requested.

2.3. DATA
means all data and information transmitted in connection with or in accordance with this agreement, in particular data from the FINO-database.

2.4. DATA CONTROLER / CONTROLER of the DATA
means the natural person or legal entity which is owner, proprietor or manufacturer of the DATA.

2.5. PUBLICATION
means any transfer or any disclosure to any third party or the public, in any form at all, whether processed or not or by any way of publication.

§ 3 Subscription, providing DATA, Data processed by the DATA USER and PUBLICATION

3.1. DATA of the FINO-database
In the FINO-database, all DATA since the beginning of the measurement are stored at the respective measuring point and are continuously supplemented for current and future measurements.
These are measurement DATA obtained from measurements carried out by BSH and cooperation partners on FINO research platforms.

3.2. DATA Access
Based on this agreement, the BSH will grant the DATA USER access to the DATA from the FINO-database.

3.3. USER PROCESSED DATA
The DATA USER commits himself to inform BSH of his USER PROCESSED DATA annually and at the termination of this agreement. The DATA USER allows BSH to store these USER PROCESSED DATA. The DATA USER also allows the BSH to make these USER PROCESSED DATA publically available after the DATA USER PUBLISHED these USER PROCESSED DATA himself.

3.4. At each PUBLICATION of USER PROCESSED DATA a reference to the FINO project must be included as follows:
“Data was made available by the FINO (Forschungsplattformen in Nord- und Ostsee) initiative, which was funded by the German Federal Ministry of Economic Affairs and Climate Action (BMWK) on the basis of a decision by the German Bundestag, organised by the Projekttraeger Juelich (PTJ) and coordinated by the German Federal Maritime and Hydrographic Agency (BSH)”

§ 4 Liability

4.1. E-Government Act (EGovG) of 25 July 2013 (Federal Law Gazette [BGBl.] Part I p. 2749)
In accordance with § 12a (8) EGovG the BSH is not obliged to verify the correctness, completeness, plausibility or any other aspect of the DATA to be provided.
Therefore, the BSH only provides the DATA available in the FINO-database. The BSH has not verified the correctness, completeness, plausibility or any other aspect of the DATA.
The BSH is not liable for suitability of the DATA for the RESEARCH PURPOSE, any other purpose, infringement of third-party rights, correctness, completeness, plausibility or any other aspect of the DATA.
The BSH may, at its own discretion, interrupt or discontinue the operation of the FINO-database. The BSH will give information the DATA USER in an appropriate manner with a reasonable period of time – if possible – in advance of the interruption or termination of the FINO-database.

§ 5 Information on data protection

5.1. Consent to the processing of personal data
The DATA USER declares his consent to the processing of his PERSONAL DATA to the extent described below by the responsible body in accordance with the EU General Data Protection Regulation (GDPR).

5.2. Responsible body
The person responsible within the meaning of Article 4 (7) of the General Data Protection Regulation (GDPR) on data Protection is the
Bundesamt für Seeschifffahrt und Hydrographie
Bernhard-Nocht-Straße 78
20359 Hamburg
Telefon: 040/3190-0
Fax: 040/3190-5000
E-Mail: posteingang@bsh.de
Internetpräsenz: www.bsh.de

For questions regarding the processing of PERSONAL DATA, the DATAUSER may contact
Kai Herklotz, E-Mail: Kai.Herklotz@bsh.de or: fino@bsh.de

5.3. Data Protection Officer
For questions regarding PERSONAL DATA protection, the DATAUSER may contact the official personal data protection officer at the functional e-mail address datenschutz@bsh.de

5.4. Purpose And Legal Basis
DATA USER´s PERSONAL DATA will be stored exclusively for the purpose of using the FINO-database of the BSH.
The DATA USER´s PERSONAL DATA will be processed on the basis of the contractual relationship with the BSH pursuant to Art. 6 para. 1 lit. b) GDPR. The DATA USER´S PERSONAL DATA will be used for all contract implementation procedures, including to inform the DATA USER of the current status of the FINO-database.

5.5. PERSONAL DATA
The following PERSONAL DATA will be processed: Name, first name, address, e-mail address, telephone number.

5.6. NON-PERONAL DATA
The following additional NON-PERSONAL DATA are also used for purposes of further development of the database and the data service: company/institute, project and project partner (only legal entities), title/topic and goal of the project, project duration, required measurement data, reason and use of the DATA.

5.7. Disclosure To Third Parties
The DATA USER´s PERSONAL DATA will not be disclosed to third parties. In case of dangerous situations (e.g. criminal acts) its PERSONAL DATA will be disclosed to the security authorities.

5.8. Deletion
The DATA USER´s PERSONAL DATA will be deleted after five years. At the same time, the BSH checks at regular intervals whether the PERSONAL DATA can be deleted at an earlier point in time, taking into account the purpose pursued.

5.9. Rights Of Data Subjects
The DATA USER has the right to request information at any time as to whether the BSH processes PERSONAL DATA concerning it. If this is the case, the DATA USER has the right to information about this PERSONAL DATA and the following information:

  • the purposes of the processing;
  • the categories of personal data processed;
  • the recipients or categories of recipients to whom the PERSONAL DATA have been or will be disclosed, in particular recipients in third countries or international organisations;
  • the planned duration for which the PERSONAL DATA will be stored or the criteria for determining that duration;

If the BSH processes PERSONAL DATA concerning DATA USER, it also has the right to:

  • demand that the PERSONAL DATA be deleted;
  • request copies of all PERSONAL DATA issued that concern it, whereby a reasonable fee may be charged for each copy after the first one;
  • request or object to the rectification, completion, erasure or limitation of the processing of PERSONAL DATA concerning the DATA USER under the conditions laid down in Articles 16 to 21 of the EU General Data Protection Regulation;
  • if the DATAUSER assumes a violation of Data Protection Regulation, the right to make a complaint to the data protection supervisory authority responsible for the BSH (see point 5.10, contact persons).

5.10. Contact Persons
In the event that the DATA USER wish to enforce one of their rights to information, correction, deletion or blocking, please contact:
Bundesamt für Seeschifffahrt und Hydrographie
- Z1 -
Bernhard-Nocht-Straße 78
D-20358 Hamburg

Furthermore, the DATA USER is welcome to contact the official data protection officer appointed by BSH at any time. This can be contacted via the functional e-mail address datenschutz@bsh.de

The responsible data protection supervisory authority is the

Bundesbeauftragter für Datenschutz und Informationsfreiheit (BfDI)
Husarenstraße 30
53117 Bonn

Telefon: 0228/997799-0
Fax: 0228/997799-550
E-Mail: poststelle@bfdi.bund.de

§ 6 Term and Termination

6.1. The obligations of the BSH to give access to DATA covers the period of the project duration for which RESEARCH PURPOSE the DATA use was applied for.

6.2. The obligation of the BSH to give access to DATA may be terminated by BSH at any time upon thirty (30) days’ notice given in writing to the DATA USER.

§ 7 Place Of Performance

The place of performance for the providing of DATA is Hamburg, Germany.

§ 8 Applicable Law And Place Of Jurisdiction

8.1. This Agreement is governed by the laws of the Federal Republic of Germany.

8.2. The ordinary jurisdiction shall be competent for disputes arising out of and in connection with this agreement.
Exclusive national place of jurisdiction is Hamburg;
exclusive international place of jurisdiction is the Federal Republic of Germany.

Additional Information

Contact

Technology

Kai Herklotz +49 40 3190-3230