Data Access Agreement | NGO “Youth Organization SPARK"

Effective Date: 14.08.2025

Issued by NGO “Youth Organization SPARK” (ГО «Молодіжна Організація СПАРК»), EDRPOU 46152156
Registered office: 88000 Ukraine, Zakartpatska oblast, Uzhhorod, bud. 36, kv.16

This Data Access Agreement (“Agreement”) sets the terms under which any person or entity (“User”) may obtain or use datasets and information resources (“Data”) made available by SPARK. Ukrainian law applies to every provision; the EU General Data Protection Regulation (GDPR) applies where SPARK processes personal data of data subjects located in the European Economic Area.

1. Acceptance of Terms

Accessing, downloading, or using the Data constitutes irrevocable acceptance of this Agreement. Users who do not agree must refrain from any access or use.

2. Permitted Purposes

Data may be used only for:

  • academic or educational research;
  • programme monitoring and evaluation;
  • donor- or grant-related reporting, transparency, and accountability;
  • other non-commercial activities that advance SPARK’s statutory goals and have been expressly approved in writing by SPARK.

Commercial exploitation, resale, redistribution, marketing, political campaigning, or lobbying is strictly prohibited.

3. Data Covered

  1. This Agreement applies to:
    • anonymised datasets;
    • project statistics, dashboards, and analytical reports;
    • survey responses stripped of personally identifiable information (“PII”);
    • any other information resources expressly designated in writing by SPARK.
  2. Exclusions. Users may never share or publish:
    • PII, including personal email addresses;
    • the content of private email communications;
    • material that SPARK labels “confidential” or “restricted.”

4. Conditions of Use

  • Use the Data solely for the Permitted Purposes;
  • Implement safeguards consistent with Ukrainian cybersecurity standards (e.g., DSTU ISO/IEC 27001) and Article 32 GDPR;
  • Refrain from attempting to re-identify individuals or combining the Data with other information that could reveal PII;
  • Retain the Data only as long as necessary for the Permitted Purposes and, in any event, no longer than 12 months without written consent from SPARK;
  • Cite SPARK as the Data source in any publication unless SPARK expressly waives attribution;
  • Supply SPARK, on request, with citations or copies of outputs derived from the Data.

5. Prohibited Uses

Without prior written consent from SPARK, the User shall not:

  • transfer, sublicense, or otherwise make the Data available to a third party;
  • host the Data on publicly accessible servers or open cloud repositories;
  • use the Data in automated decision-making systems that create legal or similarly significant effects on individuals (Article 22 GDPR);
  • enrich datasets intended for sale, targeted advertising, or profiling;
  • publish, distribute, or disclose email addresses or the content of private email communications under any circumstances.

6. Data Security and Breach Notification

Security measures. Store Data on encrypted drives or secure servers with role-based access controls; ensure encryption in transit (TLS 1.2+) and at rest (AES-256).

Breach notification. Notify SPARK at manager@spark.org.ua within 24 hours of any actual or suspected data breach. Where GDPR applies, Users must also comply with Articles 33–34 GDPR on breach notification.

7. Intellectual Property and Licence

All rights, title, and interest in the Data remain with SPARK. Subject to compliance with this Agreement, SPARK grants the User a non-exclusive, non-transferable, royalty-free, revocable licence to use the Data solely for the Permitted Purposes.

8. Termination of Access

SPARK may suspend or terminate a User’s access at any time, with or without cause. Upon termination, the User must immediately:

  • cease all use of the Data;
  • permanently delete or, if requested, return all copies and derivatives; and
  • certify to SPARK in writing within 10 days that deletion or return is complete.

9. Disclaimer of Warranties; Limitation of Liability

The Data is provided “as is” without warranties of any kind. To the fullest extent permitted by Ukrainian law, SPARK shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from the User’s access to or use of the Data.

10. Governing Law and Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of Ukraine. Any dispute that cannot be resolved amicably within 30 days shall be submitted to the competent Ukrainian courts unless the parties agree in writing to alternative dispute resolution. Where applicable, Users must also comply with GDPR and any other relevant international data-protection standards.

11. Amendments

SPARK may modify this Agreement at any time by posting an updated version on its official website or otherwise notifying Users. Continued use of the Data after any modification constitutes acceptance of the revised terms.

12. Contact Information

NGO “Youth Organization SPARK” (ГО «Молодіжна Організація СПАРК»), EDRPOU 46152156
Email: manager@spark.org.ua
Address: 88000 Ukraine, Zakartpatska oblast, Uzhhorod, bud. 36, kv.16