A bilateral contract between the Data Depositor and the Data Consumer defines the standard conditions for restricted access to your data. In addition, you need to specify below the permitted uses of your data by selecting one or more “Data Use Purposes”.
1. Scope of application and applicable provisions
This agreement applies to Data Consumers that download User Uploads (data files, data collections and documentation) from the SWISSUbase Platform (hereinafter "Platform"). The User Uploads downloaded by the Data Consumer are hereinafter referred to as User Downloads.
The Data Consumer may adjust this Agreement by means of an Annex (as set out in the Annex to this document), subject to the terms and conditions set forth therein. The Annex shall be binding and shall take precedence over the Standard Download Contract.
Please also note the provisions of the Terms of Use (1) as amended from time to time, which apply in addition to this Download Contract. All terms used but not defined in this Download Contract shall have the same meaning as in the Terms of Use.
2. Contracting parties
This Download Contract is concluded between the Data Depositor and the Data Consumer.
The Data Consumer is obliged to provide their full name and valid e-mail address for the contract to be valid. Otherwise, the Data Depositor has the right to withhold the data and/or demand correct information. Further actions in accordance with para. 6 Terms of Use are reserved.
SWISSUbase and the Collaborating Partners are not party of this Download Contract.
3. Project and dataset reference, bibliographical citation
Data Depositor: Kathrin Brandenberg, Bern University of Teacher Education - PHBern, Zentrum für Bildungsevaluation
Data Consumer: {{DATA_CONSUMER}}
Project: LABIRINT – Langfristige Bildungsverläufe von Regelschüler:innen mit integrativen schulischen Massnahmen (BELIMA, t3), 21194
Dataset: LABIRINT – Übergang Sek I zu Sek II (BELIMA, t3), 3198, 1.0
Bibliographical citation: Sahli Lozano, C., Brandenberg, K., Lustenberger, S., & Wüthrich, S. ([DATE UNKNOWN]). LABIRINT – Übergang Sek I zu Sek II (BELIMA, t3) (Version 1.0) [Data set]. FORS. https://doi.org/10.48573/c7bt-a510
4. Purpose of data use
In addition to the provisions outlined in this contract, the Data Consumer is authorised to use the User Downloads only for the following purpose(s):
- Research purposes
5. Compliance with scientific standards
The Data Consumer is obliged to:
– use the citation of the User Downloads according to section 3;
– prevent inferences about individuals within any context, publications or other, and to respect the confidentiality of personal data (see also section 8);
– use the User Downloads in a conscientious and informed manner, notably by consulting the related documentation of the User Uploads for use of the data, and to respect scientific ethical rules of conduct and scientific standards.
The Data Consumer is not entitled to pass on the User Downloads or make them accessible to third parties, neither in its original nor edited form, be it for a fee or free of charge.
6. Fees
The User Downloads are provided free of charge for the duration of this contract.
7. Copyright
The Data Depositor reserves all rights to the User Downloads that are not explicitly granted in this Download Contract. Any legal exceptions remain reserved (art. 19 ss. CopA; e.g. private use, citation). Unless otherwise provided, this agreement does not transfer ownership of any license rights to the Data Consumer.
The Data Consumer is not allowed to use Artificial Intelligence tools (AI tools) to process User Downloads protected by copyright laws. This applies unless the Data Depositor has granted the Data Consumer a respective license or the use of the AI tool does not infringe existing copyrights (requires knowledge of the terms of use of the AI tool).
8. Data protection and data security
8.1. Data controller
Data Consumers that process User Downloads containing personal data (including sensitive personal data)(2) further (e.g. storing, use) act as data controllers. As such, they must comply with the applicable data protection laws.
8.2. Purpose of data processing
The User Downloads may only be processed for the purpose specified in section 4 and in accordance with section 5.
8.3. Disclosure or processing of personal data to or by third parties
The Data Consumer is not allowed to disclose (3) any User Downloads including personal data to third parties and not to involve any third-party data processor (including providers of AI tools, see also para. 8.4 hereafter). Legal obligations to disclose the data remain reserved.
8.4. Re-identification
In the User Downloads or resulting communications, the Data Consumer must respect the confidentiality of personal data and avoid inferences about individuals within any context, publication or other.
If the Data Consumer uses AI tools to process User Downloads, additional protective measures to prohibit re-identification by the provider or other users of the AI tool are required. In particular, the Data Consumer needs to anonymize User Downloads sufficiently before entering it into the AI tool (prompting) and to ensure that the terms of use of the AI tool are in accordance with the present contract.
8.5. Data security
The Data Consumer shall take appropriate measures to prevent breaches of data security (in particular the loss, deletion, destruction or modification of personal data and disclosure or access by unauthorised persons).
8.6. Notification obligation
The Data Consumer shall immediately notify the Data Depositor of any breach or suspected breach of the provisions set out in sections 8.1 to 8.5.
8.7. Rights of Data Subjects
The Data Depositor is responsible for securing the exercise of the Data Subject’s rights, including access rights, the right to rectification and erasure, and the right to object, without prejudice to the Data Consumer’s right to respond directly to Data Subject’s requests addressed to it. At the Data Depositor’s request, the Data Consumer will collaborate with and assist the Data Depositor. The Parties will provide any Data Subject with a copy or the content of this Agreement upon their request or if required by law.
8.8. Warranty
The Data Depositor represents that she or he is allowed to transfer the User Downloads to the Data Consumer for the agreed purpose. To the maximum extent permitted by applicable law, the Data Depositor makes no other representation and provides no other warranty, whether expressed, implied or statutory, regarding the accuracy, reliability, relevance, completeness, usefulness or fitness for any particular purpose, of the User Downloads.
9. Deletion of the User Downloads
The Data Consumer is obliged to delete all User Downloads entirely and irrevocably when he or she no longer needs them for the purposes specified in section 4 or in case this contract ends according to section 13.
10. Breach of contract
If the Data Consumer does not comply with this contract, the Data Depositor reserves the right to take legal action against the Data Consumer and report any misconduct to SWISSUbase, c/o FORS, Géopolis, CH-1015 Lausanne, at: support@swissubase.ch.
11. Liability
To the extent permitted by law, the Data Depositor shall not be liable for direct or indirect damages that may result from the use of the User Downloads by the Data Consumer.
12. Indemnification
The Data Consumer shall indemnify and hold harmless the Data Depositor from any third-party claims (including reasonable legal fees, costs and expenses) arising out of or caused by the Data Consumer’s use of the User Downloads in breach of this Download Contract.
13. Termination of the Download Contract
This Download Contract can be terminated by either party at any time. The termination must be made in writing (by email or letter).
In case of termination, the Data Consumer is no longer allowed to use the User Downloads. The Data Consumer is obliged to delete all User Uploads entirely and irrevocably.
In the event of termination, any obligations arising from this Download Contract that are intended to continue after the termination of the contractual relationship shall remain unaffected. This applies in particular to the provision of liability.
14. Severability clause
The invalidity of any provision of this Download Contract shall not affect the legal validity of the remaining provisions. In this case, either party may demand that the invalid provision be replaced by a provision that best fulfils the economic purpose intended to be achieved.
15. Applicable law and place of jurisdiction
This contractual relationship (Download Contract) is governed by substantive Swiss law.
The provisions of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on 11 April 1980) are excluded. The courts of Lausanne shall have jurisdiction over any disputes arising from the contract.
16. Language versions
The original language of this Download Contract is English. In the event of inconsistencies between the English version and the translations, the English version shall prevail.
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ANNEX TO THE STANDARD DOWNLOAD CONTRACT
1. Purpose of the annex
This Annex establishes a framework for the inclusion of additional or amended provisions to the Standard Download Contract concluded between the Data Depositor and the Data Consumer.
The provisions contained in this Annex are intended to supplement or amend the obligations set forth in the Standard Download Contract to the extent that a contractual matter is identified for amendment (see para. 2 below).
2. Requirements for adjustments
The Data Depositor may adjust the Standard Download Contract in the following areas and subject to the following conditions:
- Additional scientific standards (see para. 5 of the Standard Download Contract), provided that they are generally accepted in the relevant field of research and can be implemented at reasonable expense;
- Additional data protection obligations (see para. 8 of the Standard Download Contract), provided that such obligations are required under cantonal data protection laws or other binding and applicable requirements (e.g. by competent supervisory authority);
- Any adjustments shall be explained and justified by the Data Depositor, and
- Any adjustments shall be accepted by the Data Consumer.
3. Precedence
The adjustments specified in para. 4 below shall be interpreted as additional safeguards and apply alongside the obligations in the Standard Download Contract.
The provisions of the Annex are binding and take precedence over the Standard Download Contract provided that they are accepted by the Data Consumer.
4. Additional requirements
The following additional requirements apply to the processing of the User Downloads under the Standard Download Contract.
Requirement 1)
- Relevant paragraph of Standard Download Contract: [Insert Description]
- Adjustment: [Insert Description]
- Explanation: [Insert Description]
Requirement 2)
- Relevant paragraph of Standard Download Contract: [Insert Description]
- Adjustment: [Insert Description]
- Explanation: [Insert Description]
5. Amendments
The Data Depositor may update or supplement obligations specified in para. 4 above by written agreement between the Data Depositor and Data Consumer.
Any such amendments shall form part of this Annex upon execution by the Data Depositor and the Data Consumer.
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(1) https://info.swissubase.ch/resources/?sr=2529 [06.03.2026]
(2) Personal data means any information relating to an identified or identifiable natural person. Sensitive personal data means in particular data relating to religious, philosophical, political or trade union-related views or activities, to health, the private sphere or affiliation to a race or ethnicity, genetic data, biometric data that uniquely identifies a natural person, to administrative and criminal proceedings or sanctions or to social assistance measures.
(3) Disclosing means transmitting personal data or making such data accessible.
