Terms and Conditions

      Terms and Conditions

      1. Introduction

      These terms and conditions (“Terms”) govern the use of the Overlapped Cell on Tissue Dataset for Histopathology (OCELOT) dataset (“Dataset”) provided by Lunit Inc. (https://www.lunit.io/en) (“Lunit”). By accessing and using the Dataset, users (“User” or “Users”) agree to comply with and be bound by these Terms. If User is employed by a for-profit, commercial entity, User’s employer shall also be bound by these Terms and User hereby represents that he or she is fully authorized to enter into these Terms on behalf of such employer.

      2. License

      The Dataset is licensed under the Creative Commons Attribution-NonCommercial 4.0 International License (CC-BY-NC 4.0). This license grants Users the right to share, copy, distribute, and adapt the Dataset for non-commercial purposes, provided that appropriate credit is given to the Dataset creators and Lunit and that any derivative works are shared under the same license.

      3. Appropriate Use

      Users agree to use the Dataset solely for non-commercial purposes. The Dataset may not be used for any commercial purposes, including, but not limited to, selling, licensing or distributing the Dataset or the development of commercial products, services, or technologies based on the Dataset.

      4. Ownership

      The image data are in whole based upon data generated by the TCGA Research Network (https://www.cancer.gov/tcga) and manually annotated by Lunit. The Dataset is the property of Lunit, and Lunit retains all rights title, and interest in and to the Dataset, including all intellectual property rights. Users acknowledge and agree that they have no ownership or intellectual property rights in the Dataset, except as expressly provided in these Terms. Users agree not to reverse engineer, decompile, or disassemble the Dataset or attempt to derive the source code from the Dataset.

      5. Attribution

      Users must provide proper attribution to the Dataset creators and Lunit in any publication, presentation, or other work resulting from the use of the Dataset. Papers should also cite the OCELOT paper. The suggested citation format is:

      @inproceedings{ryu2023ocelot,
  author={Jeongun Ryu and Aaron Valero Puche and JaeWoong Shin and Seonwook Park and Biagio Brattoli and Jinhee Lee and Wonkyung Jung and Soo Ick Cho and Kyunghyun Paeng and Chan-Young Ock and Donggeun Yoo and Sérgio Pereira},
  title={OCELOT: Overlapped Cell on Tissue Dataset for Histopathology},
  booktitle={Proceedings of the IEEE/CVF Conference on Computer Vision and Pattern Recognition (CVPR)},
  year={2023},
}

      6. No Warranty

      The Dataset is provided “as is” without any warranty, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Users assume all risks and responsibilities associated with the use of the Dataset, including any errors or inaccuracies it may contain.

      7. Limitation of Liability

      In no event shall Lunit be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Dataset, even if advised of the possibility of such damages.

      8. Indemnification

      Users agree to indemnify, defend, and hold harmless Lunit, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with the User’s access to or use of the Dataset.

      9. Termination

      Lunit reserves the right to terminate or suspend any User’s access to the Dataset at any time and for any reason, including, but not limited to, any violation of these Terms.

      10. Governing Law and Dispute Resolution

      These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of law provisions. Any and all disputes and controversies arising out of or in connection with these Terms shall be finally submitted to the Seoul Central District Court of Korea as the exclusive jurisdiction.

      11. Entire Agreement

      These Terms constitute the entire agreement between Lunit and User with respect to the Dataset, and supersede all prior or contemporaneous communications and proposals, whether oral or written.

      12. Changes to Terms

      Lunit reserves the right to modify these Terms at any time without notice. Users are responsible for periodically reviewing the Terms for any updates or changes. Continued use of the Dataset constitutes acceptance of any modified Terms.

      13. Contact

      If you have any questions about these Terms or the Dataset, please contact oncology-ai-research@lunit.io.

      Privacy Policy

      INTRODUCTION

      By requesting the Dataset access, Users consent to the collection, storage, and use of their personal information, specifically their name, email address, and organization/company name. Users agree that this information may be used by Lunit for the purpose of granting access to the Dataset, monitoring compliance with these Terms, and facilitating communication regarding the Dataset.

      Article 1. Items of Personal Information to be Processed

      Lunit processes the following particulars of personal information: Name, e-mail address, organization/company name

      Article 2. Purpose of Processing Personal Information

      Lunit processes personal information for the purpose of granting access to the Dataset, monitoring compliance with these Terms, and facilitating communication regarding the Dataset. Your personal information processed by Lunit is not used for any purpose other than the purposes specified in the following, and we will take necessary measures when any change occurs in the purposes of use, such as obtaining additional consent in accordance with Article 18 of the Personal Information Protection Act.

      Article 3. Period of Processing and Retaining Personal Information

      Lunit handles and retains personal information only during the period specified by relevant statutes for retaining and using personal information or the period to which each User consents when we collect the User’s personal information.

      Article 4. Provision of Personal Information to Third Parties

      Lunit does not provide personal information to any third party without your consent. However, Lunit may provide personal information to a third party in cases falling under Article 17 of the Personal Information Protection Act, such as when there are special provisions in the law or when it is mandatory to comply with statutory obligations.

      Article 5. Destruction of Personal Information

      1. Lunit destroys a User’s personal information after the period during which the personal information is retained ends or the purposes of handling the personal information have been attained.
      2. If Lunit is required by the relevant laws or regulations to retain personal information even when the agreed retention period is over or after achieving the purpose of its collection, Lunit shall transfer the said personal information (or personal information file) to a separate database or another storage space.
      3. The procedure, deadlines, and methods for destroying it are as follows:

        1. Procedure for Destruction

          Lunit selects personal information (or personal information file) subject to destruction, obtains approval from the person in charge of personal information protection, and destroys it

        2. Methods for Destruction

          Personal information stored in electronic file formats is to be deleted using technical means which makes the information unrecoverable. Personal information recorded and stored in paper is to be destroyed through shredding or incineration.

      Article 6. Rights and Obligations of Information Subject

      1. An information subject may exercise the following rights regarding the protection of personal information at any time to Lunit:
        • Request for access to his/her personal information
        • Request for correction of errors, if any.
        • Request for deletion
        • Request for the suspension of processing
      2. An information subject may exercise the rights specified in paragraph (1) above via written documents or e-mail, etc. In such cases, Lunit will promptly take the required actions. Lunit will confirm whether the person who requested access, correction, deletion, or suspension of processing according to the rights of the information subject is the person or a legal representative.
      3. In case of a User requests the correction or deletion of his/her personal information, Lunit does not use or disclose the relevant personal information to any third party until the correction or deletion is complete.
      4. A User may exercise his/her rights through an agent such as his/her legal representative or a person with a mandate. In such cases, the User shall submit a power of attorney as specified in attached Form 11 of the Enforcement Rule of the Personal Information Protection Act.
      5. Users must not infringe on their own privacy or the privacy of other people collected by Lunit by violating the Act on the Protection of Personal Information.
      6. The rights of the information subject may be restricted in accordance with Article 35, Paragraph 4 or Article 37, Paragraph 2 of the Personal Information Protection Act.
      7. If the personal information is specified as the collection target in other laws, the personal information may not be deleted even if you request the deletion of the personal information.

      Article 7. Measures for Ensuring Safety of Personal Information

      Lunit has taken the following measures necessary for ensuring safety, in compliance with Article 29 of the Personal Information Protection Act:

      1. Administrative measures: Establishment/Implementation of internal management plans, regular training of employees, etc.
      2. Technical measures: Management of access to systems processing personal information, installation of access control systems, encryption of identifiable information, and installation of security programs.
      3. Physical measures: Access control to computer rooms and data storage rooms

      Article 8. Privacy Officers

      1. Lunit has appointed the following persons as its Personal Information Protection Officer for the coordination of all tasks related to the processing of personal information, addressing information subjects’ complaints regarding the processing of personal information, and providing remedies for damages.

        • Privacy Officer in Charge

          • Name: Sunggyun Park
          • Department: Security Department, Radiology Group
          • E-mail: sgpark@lunit.io

        • Privacy Manager

          • Name: Seungwoo Jung
          • Department: Security Department, Radiology Group
          • E-mail: jsw@lunit.io

      2. Please contact the Privacy Officer or Privacy Manager for any question, complaint, and remedy related to personal information during the use of Lunit’s services. Lunit will promptly respond to and process your inquiry.

      Article 9. Request to Inspect Personal Information

      A User may request Lunit to permit him/her to inspect his/her personal information under Article 35 of the Personal Information Protection Act. Lunit will strive to ensure that such requests will be processed without delay.

      Department in charge of personal information viewing

      Article 10. Judgment Criteria for Additional Use or Provision of Personal Information without the consent of information subject

      When Lunit uses personal information additionally without the consent of the information subject, the criteria for judgment are as follows:

      1. The purpose of additional use and provision is substantially related to the original purpose for which the personal information was collected;
      2. The additional use and provision is foreseeable in light of the circumstances and practices;
      3. The additional use and provision does not unfairly infringe on the interests of the information subject or a third party; and
      4. If the purpose of additional use and provision can be achieved with the personal information being pseudonymized, then the personal information must be pseudonymized.

      Article 11. Remedies for Violation of Rights and Interests

      Please make inquiries to the following organizations if you need to report or consult in regards to the violation of personal information.

      Article 12. Modification of Privacy Policy

      Lunit may amend its Privacy Policy to reflect any legal or service changes. Lunit shall promptly notify such amendment in advance.

      For California Residents

      This section supplements the information contained in our Privacy Policy and applies solely to Users who reside in the State of California. We adopt this notice in this section to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this section.

      Information We Collect

      Lunit collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular User (“personal information”). In particular, Lunit has collected the following categories of personal information from its Users in the last twelve (12) months. We obtain the categories of personal information listed below as set forth in the methods described in our Privacy Policy.

      CategoryExamplesCollected
      A. IdentifiersA real name, alias, postal address, unique personal identifier, photos, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.YES
      B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))A name, signature, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categoriesYES
      C. Protected classification characteristics under California or federal lawAge (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).NO
      D. Commercial InformationRecords of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.NO
      E. Biometric InformationGenetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.YES
      F. Internet or other similar network activityBrowsing history, search history, information on a consumer’s interaction with a Website, application, or advertisement.NO
      G. Geolocation DataPhysical location or movements.NO
      H. Sensory DataAudio, electronic, visual, thermal, olfactory, or similar information.NO
      I. Professional or employment-related informationCurrent or past job history or performance evaluations.NO
      J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.NO
      J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.NO
      K. Inferences drawn from other personal informationProfile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.NO

      Your Rights and Choices

      The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights

      1. Right to Access Specific Information and Data Portability Right

        You have the right to request that we disclose certain information to you about our collection, sharing, disclosure, or use of your personal information over the past twelve (12) months from the time of your request. Once we receive and confirm your verifiable consumer request, we will disclose to you the following information:

        • The categories of personal information we collected about you;
        • The categories of sources for the personal information we collected about you;
        • Our business or commercial purpose for collecting or selling that personal information;
        • The categories of third parties with whom we share or sell that personal information;
        • The categories of personal information sold by each third party who sold personal information;
        • The categories of personal information disclosed for business purposes or commercial purposes; and
        • The specific pieces of personal information we collected about you (also called a data portability request).
        • Please note that we have not sold any personal information in the preceding twelve (12) months.

      2. Right to Delete You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

      3. Opt-Out Rights We have not sold and will not sell any personal information collected from Users.

      4. Non-Discrimination We will not discriminate against California residents for exercising any of their rights under the CCPA. Moreover, unless permitted by the CCPA, we will not:

        • Deny you goods or services;
        • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
        • Provide you a different level or quality of goods or services; or
        • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

      5. Exercising Access and Deletion Rights To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by contacting us in the contact specified in Article 9 of our Privacy Policy.

        Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information You may also make a verifiable consumer request on behalf of your minor child.

        The verifiable consumer request must:

        • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative (e.g. a copy of your passport, residence certificate, etc.); and
        • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond thereto.

      For European Economic Area (“EEA”) Residents

      This section supplements the information contained in our Privacy Policy and applies solely to Users who reside in the EEA. Lunit complies with the General Data Protection Regulation (GDPR) as well as the domestic laws of each member country.