Terms and Conditions for the Stakeholder - Data Holder application

Table of Contents

These terms and conditions cover the EUCAIM Stakeholder – Data Holder Application to include new health data holders into the EUCAIM platform for data incorporation use cases. 

1. The Stakeholder - Data Holder Application

1.1 The EUCAIM project (EC Grant Agreement 101100633) is deploying a pan-European infrastructure (Cancer Image Europe) for cancer images, related clinical data, and AI tools for processing and analysis (the “Project”). 

1.2 The consortium of the Project is made up of 95 partners (the “EUCAIM Consortium” or the “Organizer”). You may learn more about the EUCAIM Consortium and the Project on the following website: www.cancerimage.eu.

1.3 The Consortium has created a Stakeholder – Data Holder Application to initiate the onboarding of external cancer image data holders.

1.4 The Stakeholder – Data Holder Application collection will take place until May 31st 2026. 

2. Eligibility

2.1 The Stakeholder – Data Holder Application is open to legal entities eligible for participation in the European Commission’s Digital Europe Programme as per the eligibility criteria of 2022.

2.2 Participation in the Stakeholder – Data Holder Application constitutes the Participant’s full and unconditional agreement to and acceptance of these terms and conditions, otherwise referred to as rules of the Stakeholder-Data Holder (“Terms”). The term “you” refers to you, the “Participant”. 

2.3 Data Holders must guarantee that data is anonymized. Participation in the Stakeholder – Data Holder Application is precluded to any individual that may have access to additional information (as established under Article 4.5 of  Regulation (EU) no. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, the “GDPR”) that under reasonable means would allow to attribute the Data (as defined in Clause 5.1 of this Terms) to specific data subjects. By accepting these Terms, Participants declare that they have no access to information that may allow for the identification of data subjects and that they are not in violation of this provision.

3. Application

3.1 Applications will be accepted until the 31st of May 2026. 

3.2 Applications will be assessed by the Access Committee of the Organizer. Eligible applications will be evaluated by the EUCAIM Access Committee, which will rank the Applications based on scientific quality and technical requirements.

3.3 After evaluation by the Access Committee, the Organizer will notify the selected Participants of their acceptance to start the onboarding as health data holders of the EUCAIM project and will send additional information per email, as established in Clause 8.1. 

3.4 The Organizer reserves the right to verify the eligibility of Participants and reserves the right of admission based on its sole discretion.  

3.5 Participants shall follow relevant institutional policies and applicable European and national laws and regulations (if any) concerning the completion of ethics review or approval that may be required for participation in the Stakeholder-Data Holder application. When applicable due to their own circumstances, Participants shall submit an ethical approval validly issued by a duly accredited Ethics Committee and an ethical impact assessment (e.g. ALTAI methodology). 

 

4. Participation

4.1 Details on technical requirements to be followed for participation in the Stakeholder – Data Holder Application, any clinical questions to be addressed by Participants, and the different phases of the Stakeholder-Data Holder onboarding can be found in the README | EUCAIM Handbook, which are hereby incorporated by reference and read, accepted and agreed upon by the Participants’ participation in the Stakeholder – Data Holder Application. 

4.2 Participants acknowledge and agree that acceptance of the terms and conditions of the Cancer Image Europe Platform.

4.3 Successful Participants are obliged to implement their work during the EUCAIM project duration (ending December 2026) and must contribute to progress reports mandated by the European Commission, as part of the EUCAIM Grant Agreement. 

4.4 The Organizer will not reimburse any expenses or costs for Participants.

5. Verification of Applications

5.1 After the Stakeholder – Data Holder Application submission, Applications are evaluated by the Access Committee of the Organizer. Participants who submitted an Application that is selected for inclusion will be notified of next steps by email. Participants who submitted an unsuccessful Application will be notified as well. 

5.2 Participants agree that the decision on inclusion shall be final and binding for all Participants and shall not be subject to dispute in a court of law. In accordance with Clause 4 above, other technical requisites to be followed for participation in the Stakeholder – Data Holder Application, duly disclosed to the Participants in the Stakeholder – Data Holder Application text may be taken into consideration by the Organizer for the selection of the successful Applications. Participants shall have no right to a justification of the decisions made by the Organizer. 

5.3 Inclusions of Applicants into the EUCAIM project as Stakeholders are subject to verification of administrative details and eligibility conditions of the Participants.  

5.4 The Organizer may deem a Participant ineligible if the Organizer reasonably believes that the Participant has attempted to undermine the legitimate operation of the Stakeholder-Data Holder by cheating, deception, or other unfair or dishonest practices. 

5.5 In the event of a disqualification, the Organizer may proceed to include an alternate Participant. 

5.6 The Organizer is not responsible for Applications not received due to lost, failed, delayed or interrupted connections or miscommunications or other electronic malfunctions. 

6. Personal Data

6.1 EUCAIM may collect personal data from the Participants (understood as information that relates to an identified or identifiable individual) in the application process. This personal data will only be used for communication by the Organizer with the Participants relating to the Stakeholder – Data Holder Application and any related information. 

6.2 Explicit consent for any other uses of Participants’ personal data will be requested if needed. 

6.3 By applying to the Stakeholder – Data Holder Application, Participants agree to give the Organizer access to the information they provide. 

6.4 In accordance with GDPR, Participants may exercise their rights of access, rectification, erasure, restriction of processing, objection and portability by contacting the Organizer via email (EUCAIM will only reply to the registered emails included in the application).  

6.5 Privacy Policies of the Cancer Image Europe Platform apply, that can be consulted here.

7. Confidentiality

7.1 Any Confidential Information disclosed by the Organizer to Participants in connection with the Stakeholder – Data Holder Application: 

7.1.1 shall be used by Participants exclusively for participation in the Stakeholder-Data Holder application; 

7.1.2 must not be distributed or disclosed in any way or form by Participants; 

7.1.3 must be kept confidential by Participants. 

7.2 “Confidential Information” means any information and data, including, but not limited to, the Data (as defined in Clause 5.1 of this Terms), any kind of business, commercial, code, dataset or technical information, and data disclosed in connection with the Stakeholder-Data Holder application irrespective of the medium in which such information or data is embedded.  

7.3 After the Stakeholder – Data Holder Application (or any time before upon request by the Organizer), the Participants must destroy all Confidential Information disclosed by the Organizer in their possession, including Confidential Information stored electronically and/or on record-bearing media as well as any copies thereof. 

8. Data

8.1 Upon successful evaluation and inclusion in the EUCAIM project as Stakeholders, Participants will have access to the Cancer Image Europe Platform, where certain original and associated clinical data, together with image (pre-) processing tools, harmonization tools and analysis tools will be shared with the Participants (the “Data”). 

8.2 The Participating entity retains its control rights as data holder. Notwithstanding the foregoing, the Participant understands and accepts that: 

a) EUCAIM is granted the power to grant approvals to third-party users requesting access to data through its governing bodies. 

b) They shall not acquire any intellectual property rights or any other rights over the data and services of the EUCAIM platform, except as set forth in this document and in the Data Sharing Agreement or Data Transfer Agreement.

c) They shall retain full control over the data, with the exception of the provisions of paragraph a) and, among other powers, they shall:

– Be able to set restrictions on use in accordance with national legislation  

– They will always be informed and will retain the ability to track any type of use of the data sets 

– They may request any information they deem necessary to ensure legal and ethical compliance and exercise their control powers 

9. Intellectual Property

9.1 Participants agree not to make any Application that infringes any third-party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights, or any other rights, including, without limitation, copyright, patent, trade secret, privacy or confidentiality obligations. 

9.2 The ownership of any intellectual property developed by the Participants during and within the scope of the EUCAIM Project will remain with the Participants.  

9.3 By participating in the Stakeholder – Data Holder Application, Participants expressly authorize the Organizer to, within the scope of the Project, publish, communicate, and disclose orally, graphically, or in writing, and with no compensation involved, summary information about their Application. 

9.4 The Participants shall not acquire any full or partial intellectual property right (or any other rights of any kind) over the Project, the Cancer Image Europe Platform or the Consortium, nor on any names or trademarks associated with them, used alone, in association with or as part of another word or name. 

10. License

10.1. If necessary, terms for licensing will be negotiated individually between the selected Participants and the Organizer under fair conditions.

11. Representations & Warranties

11.1. Participants represent and warrant that:

11.1.1. Submission of your Application within the scope of your participation in the Stakeholder – Data Holder Application does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

11.1.2. The Applications will not cause the Organizer to breach any law, regulation, code, or other legal obligation and will not or could not be reasonably considered defamatory, disparaging, seditious, offensive, threatening, abusive, in breach of confidence or breach of privacy.

12. Termination

12.1 The Organizer may terminate your participation in the Stakeholder – Data Holder Application in writing (by the registered email) if you breach these Terms. This termination will take effect immediately after such termination email has been sent.

12.2 The Organizer shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by the Organizer in connection therewith.

12.3 Participants may drop out of the Stakeholder – Data Holder Application and forego any further participation.

13. Miscellaneous

13.1 Computer “hacking” is unlawful. If any Participant attempts to compromise the integrity or the legitimate operation of the Stakeholder – Data Holder Application by hacking or by cheating or committing fraud in any way, the Organizer may claim damages to the fullest extent permitted by law. 

13.2 The Organizer reserves the right to modify these Terms at any time, without warning or notice, and to suspend, withdraw or cancel the Stakeholder-Data Holder application for any reason and at any time, at its sole discretion and without incurring any liability.  

13.3 The execution of the Stakeholder – Data Holder Application and the interpretation and enforcement of these Terms shall be exclusively governed by and construed by the laws of Austria. Any conflict regarding the Stakeholder – Data Holder Application or these Terms shall be subject to the exclusive jurisdiction of the courts of Austria. 

13.4 If you have any questions about these Terms, please get in touch with us via [email protected] 

Join the EUCAIM Consortium

Open Call for New Beneficiaries

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Whether you’re a data holder with valuable cancer images or an innovator developing AI tools for precision medicine, this is your chance to contribute to a groundbreaking project.

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