Definitions

API (web): a structured web interface enabling automatic interaction with an information system, which generally includes on-demand data retrieval;

Contributor:(a) an INRAE employee or (b) an employee working within an INRAE unit and who has access to INRAE’s IT system or (c) a partner working with INRAE and who is authorised to have access to the portal by an employee from category a or b so as to make available a data record produced or co-produced by INRAE and published in the public interest. This primarily covers data records that:

• Provide information to citizens, especially on economic, social, health or environmental issues,
• Enable more efficient public policy management,
• Support economic development,
• Aid scientific research and investigative journalism.

Public information: information (data) included in documents[1] produced or received by INRAE as part of its public service missions, which can be communicated to anyone in accordance with the code on the relationship between the public and the administration or which have been the object of public dissemination in accordance with articles L. 312-1 to L. 312-1-2 of the French Code on the relationship between the public and the administration; data deemed to be “public information” must be examined in detail, primarily to determine that the data:

• Is not excluded from a citizen’s right to communication under a legal provision;
• Does not contain personal data;
• Is not subject to third-party intellectual property rights;

Non-public information: information (data) included in documents produced or received by INRAE outside of the scope of a public services mission and/or the result of a partnership between INRAE and one or more partners (other than in the scope of a public services mission) and/or information that does not correspond to the definition of public information;

Data records: a coherent set of resources or information (data files, explanatory files, API, links etc.) and metadata (presentation, date of publication, keywords, geographical/temporal range etc.);

Partner(s): a public or private entity that works with INRAE within the scope of a research project;

Reused content: use by any person (re-user) of all or part of data records published for purposes other than those for which they had been produced or received;

User: any person accessing the portal to consult or download content;

Open archives initiative (OAI): protocol that enables service providers to harvest metadata from the sites of data providers.

Purpose

The portal enables:

• The publication by the contributors of public and non-public information that is in the public interest,
• The consulting and downloading of this data by any user.

Functionalities

Use of the portal is free of charge.

Consulting and downloading of data

Consulting or downloading content that is made available does not require any prior registration. Users are nevertheless required to respect the license agreements applied to the data they are consulting. The data must be referenced in any scientific publication that uses it. Use of the referencing format suggested by the portal and which includes the digital object identifier (DOI) is recommended.

Any user may share links to data records, preferably using the following format: http://dx.doi.org/xxxx. They can also contact the contributor who published the data record directly.

Any user can participate in the quality control of the portal by reporting (to datainrae@inrae.fr) any content (either illegal or which contravenes the T&Cs) that should not be featured.

Registration on the portal and related functionalities

Any contributor can add to or update the portal by publishing data records and documenting them with metadata or documents (Readme, protocols etc.).

To do this, the contributor must register on the portal. This registration is personal and not linked to the entity or company they represent.

By registering, the contributor is creating an account on the portal. For more details, please refer to the privacy section.

Once the registration has been approved, if the person is (a) an INRAE employee or (b) an employee working within an INRAE unit who has access to INRAE’s IT system, various functionalities will immediately become available to them, in particular:

• Requesting the ability to create or add to a collection (see the section related to this matter);
• Publishing a data record in the form of a downloadable file or a link;
• Publishing additional resources associated with a data record published by another contributor, such as an enriched version of the same data record;
• Publishing reused content, i.e. a link to it.

The contributor must request the relevant rights from the portal administrators to create a collection.

Relevant organisational structures and functionalities

Contributors a and b can request the ability to create collections for a project, a subject or an INRAE structure (e.g. department, unit or research infrastructure) etc. Each collection has a dedicated space called a “dataverse” that features all of the portal’s functionalities.

Widgets are generated for each collection so that they can be featured on a website.

Collections are run by one or more administrators who contribute to the quality of the data in the collection.

Code of conduct and responsibilities of the contributors

Publication of a data record or a reused content[T1] 

General rules

The portal disseminates the metadata and the data published by contributors. The data and the metadata can be accessed manually or via an API, or referenced by a link. The data can be free to download or controlled (in advance, by signing into a guestbook or submitting a request to the authors).

The platform is not designed to disseminate data for advertising, for the promotion of private interests, which contravenes public order or, more generally, which is illegal. INRAE may, where necessary, delete or block access to such data.

INRAE encourages contributors to ensure the accuracy of the data they publish and to keep records of them. Public information is updated by contributors, in accordance with article L. 312-1-1 of the French Code on the relationship between the public and the administration (CRPA).

The contributors are solely responsible for the data, metadata and content they publish on the platform.

Personal data

Data records containing personal information, which may directly or indirectly identify a person (i.e. non-nominative but which would enable a person to be identified by reference to a number or to one or several elements that are individual to them) may not be disseminated on the portal unless the person or persons concerned have given their approval for it or if a legislative provision or order as set out in article L. 312-1-2 of the CRPA allows for it.

Each contributor is responsible for the data records they publish on the portal and to ensure that the publication is in accordance with applicable legislation. They will take all necessary measures to that end, and INRAE encourages them to report any personal data in the documentation accompanying the data record and to outline the legal purposes of the publication (consent of the persons involved or explicit indication of the legislative provision that enables it) and, where they exist, legal restrictions on reused content.

The re-user of such data must abide by the applicable legislation relating to personal data protection in their territory of residence and respect the relevant stipulations of the license attached to the data.

Data covered by intellectual property rights

The contributor must state whether their data record is subject to third-party intellectual property rights. This is notably the case for data acquired by transfer, downloading, purchase or within the scope of a collaboration, and in such cases, even if it is the contributor who has collected the data (the partnership contract may define terms of sharing of the intellectual property of the data).

When the contributor publishes a data record including third-party intellectual property rights, these rights can be an obstacle to reuse. Before awarding rights of use of these data sets, the contributor must ensure that they have the agreement of the third party that holds the intellectual property rights. Without such agreement, the contributor must abstain from disseminating data of third parties or delete them from the data sets. The contributor shall mention the presence of third-party data in the documentation that accompanies the data record. They shall indicate the identity of the person or company that holds the rights or, if unknown, the identity of the person from whom the relevant information was obtained.

Licenses

Data records that contain solely public information are disseminated under Open Database License or ODbL (see https://www.data.gouv.fr/fr/licences).

Data records that contain non-public information are disseminated, if necessary after obtaining the agreement of the third-party rights-holder or co-rights-holder of the information, under open licence or via one of the licenses that corresponds to the open definition (see http://opendefinition.org/licenses).

Data records are subject to the license chosen by the contributor publishing the data and displayed on the page of each data record.

INRAE’s commitments and responsibilities

Quality of service and the means provided

Subject to the provisions of the following paragraph, INRAE will endeavour to ensure the availability of portal 99.5% of the time each month, evaluated at the end of each month.

INRAE nevertheless reserves the right to develop, modify or suspend, without notice, the portal for maintenance reasons or for any other reason deemed necessary. The lack of availability of the portal does not entitle users to any compensation.

INRAE offers, should the contributor choose to use the portal, the publication of data sets via the platform’s web interface through a programming interface (web API) or by data harvesting from the contributor’s platform (for compatible sites).

INRAE provides access, should the user choose to use the portal, to data sets via the web interface, a web API, or by exposure in the OAI of subsets of the portal.

INRAE undertakes to take all necessary precautions to preserve the integrity of the data records made available, in particular to prevent them from being distorted or damaged.

For the sole purpose of guaranteeing better user information via improved referencing, and without ever distorting its meaning, INRAE reserves the possibility of modifying the metadata associated with a data record.

INRAE’s responsibilities

INRAE is responsible for the content that INRAE offers on the portal.

INRAE does not conduct prior checks on data posted by the contributors on the portal. As soon as INRAE becomes aware of illegal content, INRAE acts quickly to remove this data or to make access to it impossible. To this end, a reporting procedure has been implemented on the platform. Any user may report content that does not comply with these conditions of use by contacting portal administrators (datainrae@inrae.fr). In particular, INRAE reserves the right to delete or make inaccessible, without notice, contributions that have no connection with the portal’s activity; that have been published for the purpose of preventing the portal from functioning correctly, advertising or promotion, propaganda or proselytising; and any contribution in violation of applicable laws and regulations. INRAE also reserves the right to delete a contributor’s account and to refuse to allow certain people access to the portal, in the event of violation of these T&Cs.

Content offered by INRAE

INRAE offers content under open license, with the exception of logos and iconographic and photographic representations that may be governed by their own licenses.

Changes to the terms and conditions of use

These T&Cs may be amended at any moment, without notice, based on modifications carried out to the platform, changes to current legislation or for any other reason deemed necessary.

Privacy

Personal data

Consulting published metadata does not require registration or authentication. Consulting and downloading of certain published data sets may require authentication.

Personal data contained on this website is as follows:

• Information (last name, first name, email address, pages followed and data records published) connected to the creation of your contributor account, where applicable. The account page is not referenced by portal’s search engine.
• If the guestbook function is activated for a particular data record, all the information contained in the guestbook shall be made available to the administrators of the portal and to the manager of the data record in question.

INRAE is committed to taking all necessary measures to ensure the security and confidentiality of the contributor’s email, which will never be communicated to third parties, other than in cases provided for by law.

This data is the subject of computerised processing implemented by the publisher of the website in charge of processing. INRAE maintains a record of this processing.

The purpose of this data is to aid the implementation and correct functioning of the website, as well as to process your requests made via the contact form. The purpose of the data of your contributor account is to allow you to post data records. The legal basis for this processing is the execution of the publisher’s mission of public interest, most notably via the creation and maintenance of informative websites.

The storage period is as follows:

• One year for data collected via the guestbook;
• For as long as your account is active, for data linked to the contributor account.

This data is required for the website to function correctly (information relating to cookies) [optional: and to process your requests for information (for data from the contact form)] and the management of your contributor account.

Refusal to disclose all or part of the data does not affect consultation of the portal and will not result in a lack of response to your enquiries. The refusal to disclose data related to the opening of the contributor account will result in your not being given access to the services offered by this account. When a guestbook is activated on a data record, the refusal to disclose the information required by the guestbook will result in your not being given access to this data record, while the associated metadata will remain accessible.

The recipients of the data are the qualified staff involved in the running of the website and the services it provides. The information collected will only be the subject of external communication for the sole requirements related to website management (for example, measuring the audience) or to fulfil legal and regulatory obligations.

You have the right to access, rectify, oppose for legitimate reasons, limit and delete all data relating to you under the conditions provided by French law No.78-17 of 6 January 1978 relating to data processing and privacy, and by the French general regulation No. 2016/679 relating to data protection. You have the right to give specific or general guidelines relating to the preservation, deletion and disclosure after your death of personal data concerning you in accordance with articles 32-I-6° and 40-1 of the modified French Law of 6 January 1978. You also have the right to lodge a claim with a monitoring agency such as the French Data Protection Agency (CNIL).

You can exercise your rights by contacting the website publisher (except for your right to make a complaint, which must be done directly to a supervisory authority) by email: web@inra.fr.

INRAE has a specific Data Protection delegate. You can contact this person by email: cil-dpo@inrae.fr or by post: INRAE – Dpt MIA – 24, Chemin de Borde Rouge – Auzeville – CS52627 – 31326 Castanet Tolosan Cedex, France.

References

Book III of the French Code on the relationship between the public and the administration

French law No.78-17 of 6 January 1978 relating to data processing and privacy

French law No.2004-575 of 21 June 2004 regarding confidence in the digital economy

French law No.2016-1321 of 7 October 2016 for a digital Republic

INRAE institutional documents

Legal notices

Publisher and host

Institut national de recherche pour l’agriculture, l’alimentation et l’environnement, 147 rue de l’Université, 75338 Paris Cedex 07, France.

INRAE is a public scientific and technical research establishment.

Its statutes are published in the French rural and maritime fishing code (articles R831-1 et seq.);

It is represented by its CEO, Mr Philippe Mauguin.

Email: web@inrae.fr

Telephone: +33 (0)1 42 75 00 00

REGISTRATION NUMBERS

SIREN company registration number: 180070039

APE business identifier code: 7219Z

Intercommunity VAT number: FR 57 1800700039

Head of publication

Ms. Odile Hologne, Head of the Directorate for Open Science (DipSO).

[1] Refer to https://www.cada.fr/particulier/le-document-est-il-administratif

Published by: Nathalie Gandon, Nathalie Morcrette, Esther Dzalé Yeumo, Sylvie Cocaud, Odile Hologne
First published: 09 August 2018
Latest update: 13 March 2020