Before using Qualtrics for data-collection, please make sure that you are completely aware of all requirements stated by Norwegian Law and BI.
This is especially important when collecting personal data and/or sensitive personal data.
You also have to accept this user agreement, with the following requirements:
If your are going to collect data that contain personal- and/or sensitive data, you are required to report this to Norwegian Social Science Data Services
(NSD). In most cases, collecting sensitive personal data will require dispensation.
Personal data are all data that can be connected to a person, including
IP- or E-mail addresses. Sensitive personal data has information relating to:
a. racial or ethnic origin, or political opinions, philosophical or religious beliefs,
b. the fact that a person has been suspected of, charged with, indicted for or convicted of a criminal act,
d. sex life,
e. trade-union membership
NSD is the “Data Protection Official for Research” for higher education in Norway. NSD will also assess whether the data collection will require dispensation. Both reporting to NSD and dispensation is mandatory by Norwegian Law and must be adhered to.
BI recommends that your get familiar with the definitions of both personal data and sensitive personal data, and do a thorough evaluation whether collecting personal data and/or sensitive personal data be required by your survey.
Please note that NSD requires the report at least 30 days before the collection is about to start.
2) Personal data (Personal Data Avt, cf. section 2, no. 1) may only be processed if the data subject has consented thereto, or there is statutory authority for such processing, or the processing is necessary in order
a. to fulfil a contract to which the data subject is party, or to take steps at the request of the data subject prior to entering into such a contract,
b. to enable the controller to fulfil a legal obligation,
c. to protect the vital interests of the data subject,
d. to perform a task in the public interest,
e. to exercise official authority, or
f. to enable the controller or third parties to whom the data are disclosed to protect a legitimate interest, except where such interest is overridden by the interests of the data subject.
4) Qualtrics Inc, USA, is an external data processor for all the data that is processed on behalf of BI. All data will be processed confidentially and BI has signed a Data Processors Agreement with Qualtrics. Nevertheless, if you want to collect personal data, the respondent shall always know who’s processing the data on your behalf (Qualtrics).
Unless any other rules or regulations in this user agreement or Norwegian Law apply, all the rules and regulations in the Qualtrics Acceptable Use Statement applies from BI to the user.
6) Qualtrics is not intended for storing data long-term. When a survey is inactive, ie the survey does not collect any data anymore, the survey and all its data should be deleted. Collected data can be exported and stored at a suitable location according to the Personal Data Act (April 14th, 2000).
The Personal Data Acts also prohibits storing personal data any longer than what is necessary to carry out the purpose of the processing. It is highly recommended that you inform the respondent(s) how long you will collect and store the data. BI reserves the right to delete data from Qualtrics if the data-collection is inactive for 4 months or more unless other is stated in the IT-regulations.
7) BI will continuously perform unannounced audits in Qualtrics to ensure compliance with the user agreement.
8) Qualtrics will store the following information about you as a user:
a. First and last name,
b. If you are a student or an employee,
c. Your BI email address and your BI username,
d. And other information that you register in your Qualtrics account.
The information is used by Qualtrics to recognize you as a user of the system. Your password will not sent or stored by Qualtrics.
9) By accepting this user agreement, you accept that you will follow the rules and regulations put forth by the current user agreement, the current IT-regulations put forth by BI and the current rules and regulations put forth by Norwegian Law. You also accept that the system shall not be used in any way that does not comply with this agreement, the current Norwegian Law including, but not limited to Personal Data Act, Act relating to universities and university colleges, The Marketing Control Act, The Copyright Act or The General civil penal code.
You accept that you will not use the system in a way that may be perceived as offensive or does not adhere to customary law. Furthermore, you accept that you will not use the system that in any way will cause damage to BI or any third party. If you intend to use the system for any commercial purposes, you will have to get a written consent from BI first.
You accept that you use the system at your own risk. You are legally, academically and pedagogically responsible for the data collected and the surveys and the data you collect, including any publications with citations and references.
BI is not directly or indirectly responsible for damages or any loss that a user, respondent or any other party is subjected to in regards to use of, or the lack of use of the system. This also includes the loss of data,
lack of/misguiding support, updates information or other. The lack of liability applies to whatever cause (including faults due to system faults or updates), even if BI has been informed about the possibility of the damage or loss of data. You further accept that BI has no liability for any violation or misuse that you might do, or that BI will be held accountable for the your use of this system.
You hereby accept that BI has the right to remove/delete any material that does not comply with this user agreement or the current Norwegian law, and exclude users that does not comply with this user agreement or the current Norwegian Law without any warning or reason given.
This user agreement is regulated by Norwegian Law.