(Last Updated: October 25, 2024)
Purpose
This Data Sharing Agreement (the “Agreement”) sets forth the terms and conditions under which Agricultural Data Coalition Incorporated (“ADC”) and the [Recipient Party] agree to share and use data.
Definitions
“Shared Data”: Any data, including Ag Data and personal information, that is shared between the parties under this Agreement.
“Recipient Party”: The entity or individual authorized by the Disclosing Party to receive Shared Data.
“Disclosing Party”: The party providing the Shared Data.
Data Ownership
You retain ownership of any data you store in the Repository. By agreeing to share your data with the Recipient Party, you grant ADC the right to transmit the Shared Data on behalf of the Recipient Party.
Data Use
The Recipient Party agrees to use the Shared Data solely in accordance with the [Repository Data Access Agreement], which must be accepted by the Recipient Party prior to accessing the Shared Data. The [Repository Data Access Agreement] is available for review [link to Repository Data Access Agreement].
Data Protection
The Recipient Party agrees to:
Implement appropriate technical and organizational measures to protect the Shared Data against unauthorized or unlawful processing, and against accidental loss, destruction, damage, alteration, or disclosure.
Ensure that all personnel who have access to and/or process Shared Data are obliged to keep the data confidential.
Compliance with Laws
Both parties agree to comply with all applicable data protection laws and regulations, including but not limited to the California Consumer Privacy Act (CCPA).
Data Retention and Deletion
The Recipient Party agrees to retain the Shared Data only for as long as necessary for the purposes described in the Repository Data Access Agreement. Upon termination of that Agreement, or upon request by the Disclosing Party, the Recipient Party will securely delete or return all Shared Data.
8. Unauthorized Access or Disclosure
In the event of any unauthorized access or disclosure of the Shared Data, the Recipient Party agrees to promptly notify the Disclosing Party and provide reasonable assistance in mitigating any potential damage.
9. Indemnification
The Recipient Party agrees to indemnify and hold harmless ADC from any claims, liabilities, damages, or expenses arising from the unauthorized use or disclosure of the Shared Data.
10. Amendments
Any amendments to this Agreement must be made in writing and signed by both parties.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, USA, without regard to its conflict of law principles.
12. Termination
This Agreement may be terminated by either party upon 90 days written notice to the other party. Upon termination, the Recipient Party must return or securely delete all Shared Data.