Privacy Notice and Terms of Use

Welcome to the COVID-19 Therapeutics Accelerator site located at TherapeuticsAccelerator.org (the “Site”). This Site is managed and hosted by the Bill & Melinda Gates Foundation (the “Foundation”) and its service providers. The COVID-19 Therapeutics Accelerator is a collaborative initiative provided by the Foundation, Wellcome Trust and Mastercard (together, the “Founding Donors”) and other donors who commit funding to the Therapeutics Accelerator and execute an agreement with the Founding Donors who are listed here (together with the Founding Donors, collectively referred to as “Core Donors”). The list of Core Donors may be updated from time to time. The COVID-19 Therapeutics Accelerator is a collaborative effort to research, develop and bring effective treatments to market quickly and accessibly.

This Privacy Notice and Terms of Use govern your use of the Site (“Access Terms”). Please note that BY USING AND/OR ACCESSING SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, WITHOUT MODIFICATION BY YOU. If you do not agree to the Access Terms, do not use the Site. Please note that access to the other third party websites linked on this Site, including Core Donors’ websites, may be governed by, and require your agreement to, different terms and conditions. By using the Site, you agree to the following terms and conditions:

Incorporated Terms:

1. Terms and Conditions. The Access Terms governing your use of the Site include your agreement to the Foundation Terms of Use for www.gatesfoundation.org which are located here: www.gatesfoundation.org/Terms-of-Use (“Foundation Terms”). The Foundation Terms are hereby incorporated into and made a part of the Access Terms by this reference, and by using the Site, you acknowledge that you have reviewed and agree to the Foundation Terms.
2. Privacy. The Access Terms governing your use of the Site include your agreement to the Foundation’s Privacy & Cookies Notice for www.gatesfoundation.org, which can be found here:  www.gatesfoundation.org/Privacy-and-Cookies-Notice (“Foundation’s Privacy & Cookies Notice”). The Foundation’s Privacy & Cookies Notice is hereby incorporated into and made a part of the Access Terms by this reference, and by using the Site, you acknowledge that you have reviewed and agree to the Foundation’s Privacy & Cookies Notice.
3. Definitions. Terms used but not defined in the Access Terms have the definitions set forth in the Foundation’s Terms or the Foundation’s Privacy & Cookies Notice, except that (a) “Site” (as defined in the Foundation Terms) shall include the COVID-19 Therapeutics Accelerator Site located at TherapeuticsAccelerator.org, including any tools and/or Portals (as defined below) integrated into the Site; (b) the reference to “Third Parties” (as defined in the Foundation Terms) shall include Core Donors; and (c) “Content” (as defined in the Foundation Terms) shall include the Proposals (defined below) and any supplemental information submitted through the Site and/or Portals (as defined below), including but not limited to supplemental materials, documents, and other communications.

Supplemental Terms for COVID-19 Therapeutics Accelerator Proposal Portal:

1. Access to the Portal.
   1. The COVID-19 Therapeutics Accelerator Proposal Portal (the “Portal”) is provided to administer submission and review of submitted ideas, concepts and proposals for preclinical and clinical trials or studies for therapeutics and diagnostics that relate to therapeutics (“Proposals”) for possible funding as part of the COVID-19 Therapeutics Accelerator efforts.
   2. For access to the Portal, you will be required to set up and maintain a user account, including a username and password (“Credentials”) and accept all terms and conditions as outlined in the Portal.
   3. The Portal is only for use by persons who: (a) are submitting or have submitted a Proposal, (b) have been invited to collaborate on a Proposal by the individual or organization who is submitting a Proposal, (c) are a Core Donor reviewing a Proposal; and/or (d) have been engaged as a reviewer by the Core Donors to review Proposal submissions on the Core Donors’ behalf (persons described in (a),(b), (c), or (d) are hereafter called a “Member”).
   4. In accessing the Portal, you represent and warrant that you are a Member and that you have received a Credential as described in these Access Terms. You agree that all uses of your Credential will be attributed to you and legally bind you and may be relied upon by the Foundation, our affiliates/subsidiaries, and our service providers as a use of the Portal being made by you.  You agree to guard your Credentials as confidential information.
2. Personal Data.
   1. Personal Data provided through the Portal.
      1. Credentials. To create the Credentials for your Portal user account, you will be asked to provide your first/last name and email address and create a password.
      2. Proposal. To submit your Proposal, you may be asked or choose to provide the following personal data: first/last name, email address, telephone number, details of career history, other contact or demographic information as provided in the Proposal. Please do not share any additional personal data.
   2. How your personal data is used. The Foundation, our service providers, our affiliates/subsidiaries, and the other Core Donors may use your personal data in accordance with these Access Terms and each Core Donors’ privacy statement (in the event of a conflict, these Access Terms shall govern), solely to: (i) create your user account and grant you access to the Portal; (ii) communicate with you about your Proposal and/or offer additional resources and information if your Proposal isn’t in scope for the COVID-19 Therapeutics Accelerator, (iii) review your Proposal; (iv) share your Proposal with other COVID-19 Therapeutics Accelerator governance committee members; (v) analyze, learn from and report on the activities of Site, including, to analyze and report on the effectiveness/impact of what the COVID-19 Therapeutics Accelerator is doing, to assess and improve processes within the COVID-19 Therapeutics Accelerator, and to take lessons from the COVID-19 Therapeutics Accelerator for wider application in other funding processes.
   3. When your personal data is shared. Your personal data may be shared with (i) one or more Core Donors and its personnel; (ii) contingent workers, consultants, independent subject matter experts engaged by Core Donors; (iii) other potential co-funders; (v) other parties who are assisting with Proposal review for funding, including members of the COVID-19 Therapeutics Accelerator governance committees listed here; (vi) the Foundation’s affiliates/subsidiaries; and vii) third party service providers who provide assistance with the administration of the Site and who only use your personal data on our behalf.
3. Confidentiality and Disclosure Notice. You acknowledge and agree that your Proposal and any other Content submitted through the Portal will not be confidential. Please carefully consider the information included in your Proposal. If you have any doubts about the wisdom of disclosing confidential or proprietary information, you should consult with your legal counsel and take any steps you deem necessary to protect your intellectual property. You may wish to consider whether such information is critical for evaluating the Proposal or if more general, non-confidential information may be adequate as an alternative for these purposes. Notwithstanding your characterization of any information as being confidential, the Core Donors are under no obligation to treat such information as confidential.
4. Disclaimers.
   1. The information, comments, feedback, recommendations, and/or inquiries from the Foundation, our service providers, our affiliates/subsidiaries, or the Core Donors based on your Proposal (collectively “Comments”), including, but not limited to, Comments concerning trial or study design elements, provided in and requested by Foundation, our service providers, our affiliates/subsidiaries, or the Core Donors or through the Portal are solely and exclusively intended to facilitate clear communication and assist the Foundation, our service providers, our affiliates/subsidiaries, or the Core Donors to evaluate your Proposal for possible funding as part of the therapeutic accelerator efforts. The Comments are not intended in any way to provide directly or indirectly advice, counsel, or guidance on the design and/or conduct of any potential trials or studies, diagnostics, and preclinical studies and the Foundation, our service providers, our affiliates/subsidiaries, or the Core Donors take no responsibility for the design, compliance, and/or conduct of any potential trials or studies.
   2. Any trial or study sponsor that participates in any way in the Portal or receives funding for its trial or study from the Foundation, our service providers, our affiliates/subsidiaries, or the Core Donors is completely and exclusively responsible for all aspects of any such trial or study and all related activities, including but not limited to the trial or study design, any documents or communications developed in connection with the trial or study, recruiting of subjects for the trial or study , the conduct or monitoring of the clinical trial, diagnostic, and/or preclinical study , administration, use, or distribution of any product or investigational product, regulatory submissions to any governmental authority, and/or data collection or analysis, regardless of any Comments the trial or study sponsor/applicant receives from the Foundation, our service providers, our affiliates/subsidiaries, or the Core Donors. The submission of information to or funding of any trial or study through the Portal is not intended to affirm the compliance of the proposed or funded trial or study with any applicable laws or regulations, including but not limited to those relating to the safety of human subjects, privacy of data, information and/or bio specimens collected, analyzed, and/or disclosed in connection with the Proposal or the trial or study, or compliance with applicable laws relating to the conduct of trials or studies.
   3. THE FOUNDATION, OUR SERVICE PROVIDERS, OUR AFFILIATES/SUBSIDIARIES, AND THE CORE DONORS DISCLAIM ALL LIABILITIES, LOSSES, JUDGMENTS, COSTS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) DIRECT OR INDIRECT ARISING OUT OF OR RELATED TO YOUR USE OF THE PORTAL, SUBMISSION OF YOUR PROPOSAL, OR YOUR RECEIPT OF COMMENTS FROM THE FOUNDATION, OUR SERVICE PROVIDERS, OUR AFFILIATES/SUBSIDIARIES, AND THE CORE DONORS BY ANY PERSON FOR ANY PURPOSE. EXCEPT AS PROVIDED SPECIFICALLY IN THE ACCESS TERMS OR PROHIBITED BY APPLICABLE LAW, BOTH THE PORTAL AND COMMENTS ARE PROVIDED “AS IS,” NO WARRANTY OR GUARANTY OF ANY KIND ARISES AS A RESULT OF ANY PARTY’S USE OF THE PORTAL OR RELIANCE ON THE COMMENTS OF THE FOUNDATION, OUR SERVICE PROVIDERS, OUR AFFILIATES/SUBSIDIARIES, AND THE CORE DONORS UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR PURPOSE, WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHER WARRANTY OF QUALITY, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED. BY USING THE PORTAL, AGREEING TO THE TERMS, AND SUBMITTING A PROPOSAL TO THE PORTAL, YOU AGREES THAT YOU HAVE READ, UNDERSTAND, ACKNOWLEDGE AND ACCEPT THE ABOVE LIMITATIONS.
5. No Guarantee of Funding. Submission of your Proposal through the Site or Portal is not a guarantee that the Foundation, our affiliates/subsidiaries, or any Core Donor will fund any work.
6. Additional terms for Proposal reviewers.
   1. Access. Your access to the Portal is governed by these Access Terms and the terms and conditions of your confidentiality obligations with the Core Donors, the Foundation and/or its affiliates/subsidiaries. To access the Portal to review Proposals, you will be required to have a user account, including login Credentials and accept all terms and conditions as outlined in the Portal. You agree to guard your Credentials as confidential information.
   2. Review Process. You will also be able to provide comments to each Proposal through the Portal. You acknowledge and agree that any information you provide through the Portal will be deemed to be Feedback, as that term is defined in Section 6 of the Foundation Terms.