1. The Institution agrees that only I and any alternate designated by me shall be authorized delegates of the Institution (“authorized delegate(s)”) allowed to submit student data that does not contain any personally identifiable information to GMAC® for purposes of conducting the VSS. The Institution also agrees that any VSS reports, data, and any other information concerning the VSS sent from GMAC® to my Institution (“VSS Report(s)”) will be accessible only by such authorized delegates, except that VSS Reports may be accessed by certain Institution employees as stated below. If the delegates change, it is the responsibility of the Institution to notify GMAC® in writing of such change.
2. The Institution agrees that any student data or any other data, information, reports, email, written communications or any other information sent by an authorized delegate (collectively the “Student Data”) will NOT include any personally identifiable information or any “individually identifiable private information” as such term is defined in 45 Code of Federal Regulations, Part 46, Protection of Human Subjects, Subpart, A - Federal Policy for the Protection of Human Subjects (Basic DHHS), 46.101(f). The Institution also agrees that any Student Data will not constitute research involving human subjects, and will not be subject to any review by an Institutional Review Board (“IRB”) or other review process concerning research involving human subjects. The Institution further agrees that its use of any Student Data and/or VSS Reports does not and will not violate any applicable laws or regulations concerning privacy, research, data security or other applicable laws or regulations. The Institution shall submit the Student Data to GMAC® via an online form. This shall be the only means of submission, unless otherwise notified by GMAC®.
3. GMAC® grants the Institution a non-exclusive, limited license to the VSS Reports only by the authorized delegates and the Institutions’ admissions, executive, administrative, and research employees for purposes of studying how the Graduate Management Admission Test® (“GMAT®”) and other factors, such as undergraduate school grades and other non-identifying data predict the Institution’s enrolled student success in its curriculum. The Institution shall not copy (other than copies for authorized delegates and those Institution employees identified herein), modify, publish, release, lend, sell, rent or otherwise disclose the VSS Reports to any third party or give third party access to the VSS Reports without the express prior written consent of GMAC®. The Institution shall notify GMAC® immediately of any unauthorized use or disclosure of the VSS Reports. The Institution grants GMAC® a non-exclusive, limited license to use the Student Data for purposes of compiling the VSS Reports and for aggregated, anonymous GMAC® research.
4. GMAC® is the sole owner of, and shall retain the entire rights to, any copyrights, trademark, trade secret and any other proprietary rights in the VSS Reports. The Institution is the owner of, and shall retain the entire rights to, any copyright, trademark, trade secret and other proprietary rights in the Student Data. GMAC® reserves the right to monitor the access and use of the VSS Reports by participating Institutions. The Institution shall not transmit any Student Data that contains viruses, worms, Trojan horses or other disabling devices or use spamming, flooding, or other means to interfere with the VSS or any GMAC® user, host or network.
5. GMAC and the Institution acknowledge and agree that the Student Data is confidential information and that only those with a need to know shall have access to such information. GMAC® agrees to maintain the confidentiality of the Student Data and may use the Student Data for purposes of compiling the VSS Reports and/or for conducting other research concerning graduate management education. GMAC® agrees to promptly notify the authorized delegate in writing of any unauthorized disclosure of the Student Data. The Student Data may be disclosed by GMAC® pursuant to an order of any court or like entity or other valid official government legal process. The Student Data also may be disclosed by GMAC® to an agent of GMAC® that may be assisting with additional research projects and/or to any GMAC® vendor providing technical or other services to GMAC®, provided however that such agent or vendor shall be subject to a non-disclosure agreement.