Licence Template

Optional Clauses

The Licence Template has a range of standard clauses which meet the vast majority of commercial data sharing needs.

There are currently two sections offering optional clauses, allowing Providers and Consumers to specify particular  obligations relevant to the data.  View these options within the context of the full Licence Agreement.

As a Data Provider, select only one of these clauses, indicating the precise terms under which you will provide the data.

As a Data Consumer, you may select one or multiple clauses, indicating your acceptance of a variety of terms under which you will receive data. (For example, you may be willing to accept data under all of the Attribution clauses).

SECTION 3 - Use of Data

OPTION 1 - May use the Data and any Derived Data or Aggregated Data for any purpose. 

OPTION 2 - May use the Data and any Derived Data solely for the purposes of providing products or services which are from time to time offered by the Consumer to the Primary Producer to whom the Data relates.

OPTION 3 - May use the Data and any Derived Data solely for the purposes of providing products or services which are from time to time offered by the Consumer to the Primary Producer to whom the Data relates.

The Consumer must not aggregate the Data or any Derived Data with any other data for use in services offered to the Consumer’s wider customer base.

OPTION 4 - May use the Data solely for the purposes of research the outcome of which is intended to be of benefit to the New Zealand primary sector.

Optional Addition to any of these USE OPTIONS

The Consumer may only publish or disclose the Data in a form which prevents identification of the Primary Producer to whom the Data relates.

Respect the Farmer's Interest Too

Data Linker's purpose is to make it easier and more cost-effective to share farm data between organisations, with farmers' permission where required.

The Licence Template allows Providers to apply constraints on the use and management of data they provide, but such constraints should also respect farmers' rights to access and use data about their farm too. Additionally, each layer of constraint adds cost to the Consumers who have to manage data from multiple parties in accordance with each Licence Agreement.

Data Linker encourages organisations to share data on behalf of their farmer clients as freely as possible. Getting data moving more efficiently across the industry is vital to improve decision making, drive innovation and optimise performance across the sector.

Attribution

OPTION 1 – Must acknowledge to the Consumer’s customers who receive products or services which incorporate or are based on the Data that the Consumer received the Data from the Provider. The acknowledgement must be made on the Consumer’s website or application such that the Primary Producer would reasonably view this in the following form:

“Data is sourced directly from [Provider] with permission.”

OPTION 2 – Must acknowledge to the Consumer’s customers who receive products or services which incorporate or are based on the Data that the Consumer received the Data from the Provider. The acknowledgement must be made on the Consumer’s website or application such that the Primary Producer would reasonably view this in the following form:

“Data is sourced directly from [Provider] with permission.”

Must acknowledge in any publication by the Consumer which incorporates or is based on the Data that the Consumer received the Data from the Provider. (“Publication” includes the posting of information on the Consumer’s website).The acknowledgement must be in the following form:

““Data is sourced directly from [Provider] with permission.”

OPTION 3 - Must acknowledge in any publication by the Consumer which incorporates or is based on the Data that the Consumer received the Data from the Provider. (“Publication” includes the posting of information on the Consumer’s website).The acknowledgement must be in the following form:

““Data is sourced directly from [Provider] with permission.”


OPTION 4 – Must not disclose to the Consumer’s customers that the Consumer received the Data from the Provider.

Payment

It is intended that there will be options covering payment for access to data. These options may be directly related to particular schema as opposed to being globally available against all schema. Talk to us if you are ready to make data available on a chargeable basis.

Licence FAQs

How will I know who we have an Agreement with?

Your Legal Officer receives a notification email with the Licence Agreement once it has been executed. The Agreement can then be managed in line with your normal business process.

Can I add extra clauses to this Agreement?

DataLinker can add extra ‘optional’ clauses that would be available for all Data Linker users to use, but you can't add your own clauses.

We’re thinking about how the Agreement can be individually customised without compromising the ‘standardisation’ which drives DataLinker’s efficiency. Remember, the aim is to make data transfer easy and cost-effective – the more customisation in Agreements there is, the more time and resource is required to manage these.

Talk to us if we haven’t got everything you need in the Licence template.

We might have multiple Agreements to manage – how do we do that?

Data Consumers in particular must ensure they have robust technical processes in place to log and manage imported data. Many systems ‘tag’ imported data as a way of managing their use of that data. This is another reason why a standardised licence Agreement, with relatively few optional clauses, will make multiple party data transfer more efficient.

Talk to the DataLinker team who can share some ideas about data management with you.

As a Provider, how do I know that the Agreement is being observed by every Consumer?

It’s up to your normal business process to monitor that. Your system could record the frequency, volume and destination of data transferred to help you monitor each Agreement. DataLinker does not have a role in monitoring your Agreements.

Are Licence Agreements made public?

No, DataLinker does not share this information with any other party.

DataLinker does provide registered Consumers with information about the terms that Providers have registered against each schema, so that Consumers can consider which terms they might accept. This is provided only when a Consumer begins to register a schema – it is not made publicly available.

DataLinker does share on its website which Providers are registered for each schema – not your terms, just your name as a Provider of data. This helps prospective members to work out the value of using DataLinker to source information for their farmers.

Is DataLinker a party in the Licence Agreement?

No, DataLinker is not a party in a Licence Agreement. It acts as a witness to the Agreement, and holds a record of the Agreement.

Can Consumers share ‘my’ data with other organisations?

Refer ‘Clause 4 Confidentiality’ in the Licence Template which describes the terms under which a Consumer may share data. It requires that the Consumer will “keep the Data confidential and must not use or disclose the Data except as permitted by this agreement.” It then specifies the situations in which a Consumer MAY disclose the data.

Is Farm Data Code of Practice accreditation a requirement?

Data Linker members do not have to be accredited under the Farm Data Code of Practice. But Data Linker does encourage its members to consider accreditation as it demonstrates that they have excellent data management practices in place, including good disclosure with their users around how data is managed. 

I’ve changed my mind – can I change my terms?

Yes and no! You can change or retract the terms that you have registered in DataLinker so that no NEW Agreement can be executed. 

But any existing Licence Agreements you have in place can only be changed in accordance with the terms of that Agreement, and you must follow a normal business process to do that.