The User Agreement and Code of Conduct
Overview
Welcome to the main page for the Codes and Policies of The Chinyere and Chinelo Ikoku Foundation and The Alvan Azinna Chibuzo Ikoku Foundation and of the divisions, series, subsidiaries, and affiliates (collectively, the “Policies” or “Codes and Policies”).* Here, important information will be provided to you regarding the Codes and Policies that constitute The Ikoku Foundations User Agreement and Code of Conduct.
Please, therefore, take the time to read, understand and revisit the Codes and Policies carefully and regularly.
What is ‘Respect for Persons’
The Ikoku Foundations hold the fullest and most humane understanding of respect for persons to be essential to their formation, development, management, and operations. These Codes and Policies are to constitute a central means of characterizing, obtaining, safeguarding and ultimately having persons enjoy such respect. Therefore, it should be understood that The Ikoku Foundations take as the basis for the Codes and Policies the following:
And furthermore, by accessing, communicating, engaging, monitoring, transmitting, or otherwise using or visiting, in any way, The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of the divisions, series, subsidiaries, or affiliates, as well as any areas, offices, parts, sections, or assets or properties of the Products or Services, you accept and agree to the terms, conditions, and requirements described above, and in these Codes and Policies, in their entirety without modification.
Who are ‘The Ikoku Foundations’
— In these Codes and Policies, and in all public and public-facing official documents, materials, and statements, including as presented on the Products and Services, the Sites, and elsewhere, “The Ikoku Foundations” refers to the Foundation Corporations of The Chinyere and Chinelo Ikoku Foundation and The Alvan Azinna Chibuzo Ikoku Foundation, two private, nongovernmental, nonpolitical and nonreligious foundations formed as nonprofit corporations in the State of California — also officially doing business as The Ikoku Foundations — as well as any and all of the divisions, series, subsidiaries, and affiliates of The Ikoku Foundations, any and all of the Products and Services of The Ikoku Foundations, and any and all of the areas, offices, parts, sections, and assets and properties of The Ikoku Foundations, including but not limited to the following:
And furthermore, by accessing, communicating, engaging, monitoring, transmitting, or otherwise using or visiting, in any way, The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of the divisions, series, subsidiaries, or affiliates, as well as any areas, offices, parts, sections, or assets or properties of the Products or Services, you accept and agree to the terms, conditions, and requirements described above, and in these Codes and Policies, in their entirety without modification.
What are ‘Products,’ ‘Services’ and ‘Sites’
— And in these Codes and Policies, as well as in all of the official documents, materials, and statements of The Ikoku Foundations, including as they present on the Products and Services of The Ikoku Foundations and elsewhere, “Products” and “Services” refer to — but are not limited to the following:
And furthermore, by accessing, communicating, engaging, monitoring, transmitting, or otherwise using or visiting, in any way, The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of the divisions, series, subsidiaries, or affiliates, as well as any areas, offices, parts, sections, or assets or properties of the Products or Services, you accept and agree to the terms, conditions, and requirements described above, and in these Codes and Policies, in their entirety without modification.
Who Is ‘The Founder’
— For the purposes of these Codes and Policies — as well as any other official communications, documents, statements and other materials of The Ikoku Foundations — “the Founder” and “the President” are understood to entail agreement and adherence to the following:
And furthermore, by accessing, communicating, engaging, monitoring, transmitting, or otherwise using or visiting, in any way, The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of the divisions, series, subsidiaries, or affiliates, as well as any areas, offices, parts, sections, or assets or properties of the Products or Services, you accept and agree to the terms, conditions, and requirements described above, and in these Codes and Policies, in their entirety without modification.
Who Are ‘We,’ ‘Our’ and ‘Us’
— For the purposes of these Codes and Policies, “we,” “our” and “us” are understood to entail agreement and adherence to the following:
And furthermore, by accessing, communicating, engaging, monitoring, transmitting, or otherwise using or visiting, in any way, The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of the divisions, series, subsidiaries, or affiliates, as well as any areas, offices, parts, sections, or assets or properties of the Products or Services, you accept and agree to the terms, conditions, and requirements described above, and in these Codes and Policies, in their entirety without modification.
Who Are ‘You,’ ‘User’ and ‘Visitor’
— For the purposes of these Codes and Policies, “you” is understood to entail agreement and adherence to the following:
And furthermore, by accessing, communicating, engaging, monitoring, transmitting, or otherwise using or visiting, in any way, The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of the divisions, series, subsidiaries, or affiliates, as well as any areas, offices, parts, sections, or assets or properties of the Products or Services, you accept and agree to the terms, conditions, and requirements described above, and in these Codes and Policies, in their entirety without modification.
Your Agreement
— With respect to the Agreement you enter into with The Ikoku Foundations via the Codes and Policies, and especially The Ikoku Foundations User Agreement and Code of Conduct, you understand and adhere to the following:
And furthermore, by accessing, communicating, engaging, monitoring, transmitting, or otherwise using or visiting, in any way, The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of the divisions, series, subsidiaries, or affiliates, as well as any areas, offices, parts, sections, or assets or properties of the Products or Services, you accept and agree to the terms, conditions, and requirements described above, and in these Codes and Policies, in their entirety without modification.
Your Consent to The Policies
— With respect to your ability to agree and consent to the Codes and Policies, and especially to The Ikoku Foundations User Agreement and Code of Conduct, you represent and warrant the following:
And furthermore, by accessing, communicating, engaging, monitoring, transmitting, or otherwise using or visiting, in any way, The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of the divisions, series, subsidiaries, or affiliates, as well as any areas, offices, parts, sections, or assets or properties of the Products or Services, you accept and agree that your consent meets the conditions, principles, and requirements for consent as delineated and described in these Codes and Policies.
Your Abiding by The Policies
— You represent, warrant, and covenant that, given the above attestation about your consent to the Codes and Policies, and The Ikoku Foundations User Agreement and Code of Conduct, you have read, understood, consented to, and agreed to be legally bound by and abide by The Ikoku Foundations User Agreement and Code of Conduct, and the Codes and Policies, as they are amended from time to time, and in their entirety without modification.
Your Duty to the Policies
Your Duty to Corporate Integrity
And you further legally accept and agree that no application, interpretation, judgment, or other compliance, proceeding, or reading from, of, with, or otherwise relating to the Founding Ethics, the Codes and Policies, or any equivalent code, policy, or other document or material shall, in any way, entail any abrogation, diminishment, interference, or violation pertaining to any of the terms, conditions, principles, requirements, rights — including the attendant properties and protections — of corporate and organizational integrity.
Your Accordance with Ethics
— You represent, warrant, and covenant that, given the above attestation about your consent to the Codes and Policies, and The Ikoku Foundations User Agreement and Code of Conduct, you ensure that your abiding by and adhering to their conditions, policies, principles, requirements, and rights shall further remain in accordance with the Founding and Governing Code of Ethics.
Your Accordance with Mission
— You represent, warrant, and covenant that, given the above attestation about your consent to the Codes and Policies, and The Ikoku Foundations User Agreement and Code of Conduct, you ensure that your abiding by and adhering to their conditions, policies, principles, requirements, and rights shall further remain in accordance with the founding mission and purposes of The Ikoku Foundations, without incompatibility, as described and delineated in the Codes and Policies, the ByLaws of The Ikoku Foundations, and the Declaration of Trust of The Chinyere and Chinelo Ikoku Charitable Trusts (the “Declaration of Trust” and the “Declaration”).†
Your Attention to Changes
— With respect to any changes to the aforementioned and below, you understand, agree to and adhere to the following::
And furthermore, by accessing, communicating, engaging, monitoring, transmitting, or otherwise using or visiting, in any way, The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of the divisions, series, subsidiaries, or affiliates, as well as any areas, offices, parts, sections, or assets or properties of the Products or Services, you accept and agree to the terms, conditions, and requirements described above, and in these Codes and Policies, in their entirety without modification.
Your Questions and Feedback
Your questions regarding the Codes and Policies will help tremendously to make The Ikoku Foundations, including the divisions, series, subsidiaries, and affiliates, as well as the Products and Services, including the Sites, active, collaborative, safe and secure places and tools for doing work.
So if you have any questions, or thoughts, suggestions and feedback, please email them to policies@ikokufoundations.org.
How to Report
And the reporting of any violations of these Codes and Policies will also help to make The Ikoku Foundations, including the divisions, series, subsidiaries, and affiliates, as well as the Products and Services, including the Sites, active, collaborative, safe and secure places and tools for doing work. The Duty to Report is also one of the principles of the Founding and Governing Code of Ethics.
So if you see, think or worry that a violation of code or policy may have occurred or may be occurring, please email policies@ikokufoundations.org.
Do Read All Policies Before Continuing
Please, therefore, take the time to read and understand all of the Codes and Policies, and to revisit them whenever they are updated, before continuing to visit or use the Sites and any of the other Products or Services, and especially if you intend to be or are among the leadership staff, employees, volunteers, educators, researchers, donors, funding recipients, and partners, collaborators, agents or third-parties in any capacity formally approved by The Ikoku Foundations and the Founder, Alvan Azinna Chibuzo Ikoku.
The Codes and Policies, as well as some further clarifying definitions, are made available to you below.
Notes
Further Definitions
Provision
Provided below are definitions of terms to be used for purposes of these Codes and Policies, all official documents, policies and statements, and for any action, activity, communication, operation or participation in, within, with, for, on behalf of, in reference to, or otherwise pertaining to The Ikoku Foundations, the divisions, series, subsidiaries, and affiliates, and the Products and Services.
‘Confidentiality’ and ‘Confidential Data and Information’
References to “confidential data” and “confidential information” mean and include the following:
And furthermore, by accessing, communicating, engaging, monitoring, transmitting, or otherwise using or visiting, in any way, The Ikoku Foundations, any part or section of The Ikoku Foundations, any part or section of the divisions, series, subsidiaries, or affiliates, as well as any areas, offices, parts, sections, or assets or properties of the Products or Services, you accept and agree to the terms, conditions, and requirements described above, and in these Codes and Policies, in their entirety without modification.
‘Consent’
References to “consent” and “consented” mean and include only an affirmative, revocable and unambiguous indication of a natural or legal person’s wishes via a written communication or instrument that meets the following standard:
“Consent” should not be confused with “agreement” or “contract” and the requirements for these three types of written instruments should not be conflated.
Furthermore, consent has particular implications and requirements explained twice in the Codes and Policies — first, in the Policy on Data and Information and second, in the Policy on Human Subjects Research and Investigation — and The Ikoku Foundations advises you to regularly visit those sections for an extended and updated explanation of aspects of consent relevant to several processes at the organization, where your in-depth understanding of consent’s requirements will likely be of benefit to all involved.
‘Data Aggregation’
References to “aggregation” and “aggregated” in the context of processing data and information mean and include processing where raw data and information are accessed and collected, deidentified and compiled, then transformed and rendered in a summary form — using categories and ranges — for statistical analysis. Anonymization, as well as transformation from individual data points and persons to categories and ranges, is often expected, preferred and at times required. The raw data and information can be aggregated to provide numerical and non-numerical insights, insights about a specific action or characteristics over time, opportunities for comparison with and across other similarly aggregated or prepared datasets, and greater opportunities for analysis, compiling and merging with multiple other similarly aggregated or prepared datasets.
‘Data Review Board’
References to “data review board” (also the “DRB”) in the context of processing data and information mean and include a board of data and information ethics evaluators established and maintained in accord with and for the purposes of determination, review and approval or non-approval as described in the Policy on Data and Information.
References to “DRB approval” mean and include determinations of the DRB that the data or information or their processing has been reviewed and may be processed or conducted at a specific part, product, section, service or site of The Ikoku Foundations within the constraints set forth by the DRB, by the Policy on Data and Information, by these Codes and Polices, and by applicable guidelines, law, and regulations.
‘De-identification’
References to “de-identification” — in the context of either research and investigation or processing biospecimens, data, and information — mean and include the access, collection, or other processing of personal biospecimens, data, and information by means that do not actively or immediately identify a specific natural or legal person.
Typically, de-identification de-links or uncouples the connection between personal biospecimens, data, and information and the identity of the natural or legal person concerned, but also keeps identifying information that can — relatively easily or quickly — be recoupled or re-linked in certain situations and for certain purposes.
Personal biospecimens, data, and information that have undergone a process of de-identification or have been described as “de-identifying” or “de-identified” are and remain personal biospecimens, data, and information (since they could be used to identify a natural or legal person, for example, when combined with additional information like a security question, reversible barcode or original un-redacted document).
For this reason, such de-identified personal biospecimens, data, and information, as well as their access, collection and other processing, require and remain under the stringent protections and regulations delineated and described in these Codes and Policies and in either the Policy on Data and Information or the Policy on Human Subjects Research and Investigation. Moreover, natural or legal persons concerned still have Policy-specified rights to ensure and verify that such de-identification has been and remains properly and truly conducted.
‘Health Care Operations’
References to “health care operations” mean and include any of the following activities:
And furthermore, by accessing, communicating, engaging, monitoring, transmitting, or otherwise using or visiting, in any way, The Ikoku Foundations, any part or section of The Ikoku Foundations, any part or section of the divisions, series, subsidiaries, or affiliates, as well as any areas, offices, parts, sections, or assets or properties of the Products or Services, you accept and agree to the terms, conditions, and requirements described above, and in these Codes and Policies, in their entirety without modification.
‘Human Subject’
References to “human subject,” “human subject under study,” and “human subject concerned” in the context of research or investigation mean and include a living individual or natural person about or from whom a researcher or investigator (whether non-professional, professional or student) conducting research or investigation:
— (a) obtains biospecimens, data, or information through interaction or intervention with the individual, and analyzes, studies, uses, or otherwise processes the biospecimens, data, or information; or
— (b) analyzes, generates, obtains, studies, uses, or otherwise process identifiable biospecimens, identifiable private or sensitive data, or identifiable private or sensitive information.
‘Identifiable Biospecimen’
References to “identifiable biospecimen” and “personal biospecimen” in the context of research or investigation mean and include a biospecimen for which the identity of a human subject is or may be ascertained or associated with the biospecimen.
References to “identifiable biospecimen” and “personal biospecimen” in the context of research or investigation alsomean and include a biospecimen accessed or otherwise processed by means that relates to, identifies, or can be used to identify or contact a human subject or natural person.
‘Identifiable Person’ and ‘Identifier’
References to “identifiable person” in the context of processing data and information mean and include someone who can be directly or indirectly identified via use of or reference to an “identifier” or a combination of “identifying information,” and examples of such identifiers or identifying information include, but are not limited to, a name, an identification number, a phone number, location data, an online identifier (such as a username), a device identifier (such as an IP address), or one or more items of information specific to the cultural, economic, financial, genetic, mental, physical, physiological, psychological, religious, social or spiritual identity or characteristics of a natural or legal person.
The Ikoku Foundations also refer to such an identifiable person as a “natural or legal person who is a subject of, or identifiable by, the data and information” as well as a “natural or legal person concerned” in the context of activities, operations, policies or statements pertaining to personal data and information.
Such an identifiable person is also known as a “data subject” in the European Union’s GDPR law and is also included in the definition and use of “consumer” in the California Consumer Privacy Act (CCPA).
‘Intellectual Property, External’
And furthermore, by accessing, communicating, engaging, monitoring, transmitting, or otherwise using or visiting, in any way, The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of The Ikoku Foundations, any areas, offices, parts, sections, or assets or properties of the divisions, series, subsidiaries, or affiliates, as well as any areas, offices, parts, sections, or assets or properties of the Products or Services, you accept and agree to the terms, conditions, and requirements described above, and in these Codes and Policies, in their entirety without modification.
‘Interaction, Research’
References to “interaction” in the context of research or investigation mean and include communication or interpersonal contact between a researcher or investigator and a human subject, either for research or investigation purposes or as part of activity determined to constitute research or investigation.
Also, references to “benign behavioral interactions” or “benign interactions” in the context of research or investigation mean and include interactions that are, after rigorous assessment and by written consent and written instrument, confirmed by the human subject, internal review board and researcher or investigator to be:
— (a) brief in duration;
— (b) harmless;
— (c) painless;
— (d) not physically invasive,
— (e) not likely to have a significant adverse lasting impact on the human subject; and
— (f) neither offensive nor embarrassing.
‘Internal Review Board’
References to “internal review board” (also the “IRB”) in the context of research or investigation mean and include a board of research ethics evaluators established and maintained in accord with and for the purposes of determination, review, and approval or non-approval as described in the Policy on Human Subjects Research and Investigation.
References to “IRB approval” mean and include determinations of the IRB that the research or investigation has been reviewed and may be conducted at a specific at a specific part, product, section, service or site of The Ikoku Foundations, or other institution and setting, within the constraints set forth by the IRB, by the Policy on Human Subjects Research and Investigation, by these Codes and Polices, by other institutional policy, and by applicable guidelines, law, and regulations.
‘Intervention, Research’
References to “intervention” in the context of research or investigation mean and include both:
— (a) procedures by which biospecimens, data, or information are accessed, gathered or otherwise processed; and
— (b) manipulations of a human subject or a human subject’s environment that are performed for research or investigation purposes or as part of activity determined to constitute research or investigation.
Also, references to “benign behavioral interventions” or “benign interventions” in the context of research or investigation mean and include interventions that are, after rigorous assessment and by written consent and written instrument, confirmed by the human subject, internal review board and researcher or investigator to be:
— (i) brief in duration;
— (ii) harmless;
— (iii) painless;
— (iv) not physically invasive,
— (v) not likely to have a significant adverse lasting impact on the human subject; and
— (vi) neither offensive nor embarrassing.
‘Irreversible Anonymization’
References to “irreversible anonymization” (or “anonymization” for The Ikoku Foundations) — in the context of either research and investigation or processing biospecimens, data, and information — mean and include the access, collection, or other processing of biospecimens, data, and information by means that do not permit and irreversibly prevents the biospecimens, data, and information from being attributable to, or identifying, a specific natural or legal person.
Only after biospecimens, data, and information have undergone processes of irreversible anonymization, and thus become irreversibly anonymized, may they be described as “anonymized” biospecimens, data, and information, whose access, collection, or other processing may not require the stringent protections and regulations delineated and described in these Codes and Policies and in either the Policy on Data and Information or the Policy on Human Subjects Research and Investigation.
It must be noted that there are ongoing concerns that such “anonymized” biospecimens, data, and information may possibly and technically become comparatively or increasingly “un-anonymized” or even personal (for example, when cross-referenced with datasets or information specifying physical and temporal location, or when subjected to certain methods of data aggregation, preparation, and mining). For this reason, natural or legal persons concerned still have Policy-specified rights to ensure and verify that such irreversible anonymization has been and remains properly and truly conducted.
‘Minimal Risk’
References to “minimal risk” in the context of research or investigation and processing biospecimens, data, and information mean and include the likelihood, magnitude and probability of physical or psychological harm that is normally encountered in the daily lives — or in the routine professionally licensed dental, medical or psychological examination or routine educational situations — of healthy, undiscriminated and unharassed persons.
‘Non-Identification’
References to “non-identification” — in the context of either research and investigation or processing biospecimens, data, and information — mean and include the access, collection, or other processing of biospecimens, data, and information by means that do not permit or require the biospecimens, data, and information to be attributable to, or identify, a specific natural or legal person.
Personal biospecimens, data, and information that have undergone a process of non-identification or have been described as “non-identifying” may still be personal biospecimens, data, and information (in cases where they could be used to identify a natural or legal person, for example, when combined or cross-referenced with additional information or data sets), and so may still require and remain under the stringent protections and regulations delineated and described in these Codes and Policies in either the Policy on Data and Information or the Policy on Human Subjects Research and Investigation.
Moreover, natural or legal persons concerned still have Policy-specified rights to ensure and verify that such non-identification has been and remains properly and truly conducted. For this reason, The Ikoku Foundations make clear distinctions between de-identification, pseudo-anonymization or pseudonymization, and irreversible anonymization.
‘Notice,’ ‘Giving’ and ‘Delivery’
Reference to “notice” mean and include only written communication or notification properly delivered to its recipient; and “delivery” and “giving notice” shall be deemed to have been properly initiated and conducted if:
— (a) served in person;
— (b) sent via electronic mail;
— (c) posted by United States mail, full postage prepaid thereon;
— (d) sent by special courier service; or
— (e) sent by telecopy, any of these options if conducted via a manner and form consented to by the recipient for such purposes, and if sent to the correct mailing or electronic address or number designated by and consented to by the recipient for such purposes, or if none is designated, at the correct address or number of the recipient listed on the records of The Ikoku Foundations.
Furthermore, such delivery and notice shall be deemed to have been completed:
— (i) in the case of personal or special courier delivery, on the date of actual receipt of such notice by the recipient;
— (ii) in the case of mail delivery, when deposited in the United States mail, postage prepaid thereon, addressed to the recipient at designated or correct address as it appears on the records of The Ikoku Foundations;
— (iii) if electronically transmitted, as provided in these Codes and Policies; or
— (iv) in the case of facsimile delivery, when transmitted to the recipient at designated or correct fax number as it appears on the records of The Ikoku Foundations.
‘Personal Data’ and ‘Personal Information’
References to “personal data” and “personal information” mean and include data and information for which the identity of a specific natural or legal person is or may be ascertained or associated with the data and information.
References to “personal data” and “personal information” also mean and include data and information accessed or otherwise processed by means that relate to, identify or can be used to identify or contact a natural or legal person.
‘Privacy,’ ‘Private Data’ and ‘Private Information’
References to “private data” and “private information” mean and include the following:
And furthermore, by accessing, communicating, engaging, monitoring, transmitting, or otherwise using or visiting, in any way, The Ikoku Foundations, any part or section of The Ikoku Foundations, any part or section of the divisions, series, subsidiaries, or affiliates, as well as any areas, offices, parts, sections, or assets or properties of the Products or Services, you accept and agree to the terms, conditions, and requirements described above, and in these Codes and Policies, in their entirety without modification.
‘Processing, of Biospecimens, Data, Information’
References to “processing,” “process” or “processed” — in the context of biospecimens, data, and information or research and investigation — mean and include any activities or operations or sets of activities or operations that are performed on biospecimens, data, or information or on their sets — whether confidential, identifiable, identifying, personal, private, sensitive or not — and whether or not by automated means.
Such activities, operations and their means include, but are not limited to, accessing, adaptation or alteration, alignment or combination, archiving or filing, bartering or trading, borrowing or renting or leasing, buying or purchasing, circulation or dissemination or otherwise making available, collection, consultation, deletion or erasure or destruction, detecting, disclosure, documenting, developing, gathering or compiling, generating or preparing, evaluating or assessing, examining or analyzing, filming or streaming, giving or donating, organization, profiling or predicting, publication, publishing or otherwise making public, receiving, recording, reporting, restriction, retrieval, saving or storage, searching or searching for, selling or trading in, structuring, tracking, transferring, transmission, use or otherwise putting into activity or operation.
‘Profiling, with Biospecimens, Data, Information’
References to “profiling” — in the context of processing biospecimens, data and information or research and investigation — mean and include any processing of personal biospecimens, data, and information or any research and investigation that uses such biospecimens, data, and information to evaluate certain personal aspects or attributes relating to a natural person, including, but not limited to, analyzing or predicting aspects concerning that natural person’s behavior, choices or decision-making, economic or financial situation, health, fitness or wellness, hobbies or interests, location or movements, performance at work, personal preferences, psychology, reliability, rest or sleep.
Profiling commonly accesses, collects, tracks then analyzes biospecimens, data, and information associated with an individual’s behavior, habits, interests and personality in order to make decisions and predictions about that individual. A good number of these decisions and predictions have or lead to legal or similarly significant effects, implications and even consequences for that individual. Think, for instance, of decisions not to offer that individual a job, loan or mortgage — or to present to that individual mostly or only apartment listings in certain neighborhoods, mostly or only certain health or medical treatment options, mostly or only a set of individuals to monitor or police — based on profiling working with personal biospecimens, data, and information.
To more easily clarify whether profiling is occurring in relation to you, you may ask whether a person or entity is:
— (a) collecting personal biospecimens, data, and information about you from a variety of sources, some publicly accessible, some you thought were private;
— (b) analyzing that collected personal biospecimens, data, and information, on an intimate or large scale, for aspects, attributes or characteristics of you and other individuals;
— (c) looking for associations in the collected biospecimens, data, and information to identify correlations between those aspects, attributes or characteristics and behaviors of you and other individuals;
— (d) creating profiles that can be associated with, applied to and tracked with you;
— (e) predicting your behavior based on the assigned, applied or tracked profiles; or
— (f) making decisions about you based on assessments during this process.
Where such profiling is primarily or solely conducted by automated means — using, for instance, algorithms, artificial intelligence or machine-learning — it is considered one approach or method under “automated individual decision-making” and “automated decision-making.”
Automated individual decision-making often involves no human participation in the analysis, equally low human discernment in the decision-making, and thus often reduced opportunity for holding an entity accountable or responsible when errors or adverse effects result.
Note that just because an association or correlation is found in the collected biospecimens, data, and information does not mean that it is significant or that it would be accurate, appropriate, ethical or correct to use it in making the decisions in question.
Thus, The Ikoku Foundations recommend the following in these processing and research contexts:
— (i) that you be reasonably informed before, during and after the processing or research;
— (ii) that in certain instances — where the individual is a child — such processing and research be strictly prohibited;
— (iii) that in other instances — where sensitive biospecimens, data, and information are involved — additional protections be in place;
— (iv) that in other instances — for instance, large-scale processing, or monitoring a publicly accessible place — such collected biospecimens, data, or information and their associated risks be minimized by conducting a “data processing risks assessment” or a “research and processing risks assessment” then addressing any concerns found; and finally
— (v) that you be asked to consent, where you are permitted to consent.
‘Pseudo-anonymization’ or ‘Pseudonymization’
References to “pseudo-anonymization” and “pseudonymization” — in the context of either research and investigation or processing biospecimens, data, and information — mean and include the access or other processing of biospecimens, data, and information conducted by means that do not permit the personal biospecimens, data, or information to be attributed to, or identify, a specific natural or legal person without the use of additional information — provided that such additional information is kept separately and is subject to “technical and organizational measures” to ensure that the personal biospecimens, data, or information are not attributed to, or identify, the natural or legal person concerned.
Pseudo-anonymization and pseudonymization are employed in processing that is highly protective and respectful of the consent decisions, confidentiality, privacy, security and for-purpose-only uses of the natural or legal person concerned and of the biospecimens, data, and information themselves. The “technical and organizational measures” (required, for example, by the European Union GDPR law) serve as a means for us to increase the confidentiality, privacy and security around “re-identifying information” that — when necessary or upon an authorized or authenticated user’s request — could be combined to re-attribute personal biospecimens, data, and information to a natural or legal person.
Therefore, personal biospecimens, data, and information that have undergone a process of pseudo-anonymization or pseudonymization are and remain personal biospecimens, data, and information (since they could be used to identify a natural or legal person, for example, when locked-out users request to regain access to their account or stored content).
For this reason, “pseudo-anonymized” or “pseudonymized” personal biospecimens, data, and information, as well as their access and other processing, require and remain under the stringent protections and regulations delineated and described in these Codes and Policies and in either the Policy on Data and Information or the Policy on Human Subjects Research and Investigation. Moreover, natural or legal persons concerned still have Policy-specified rights to ensure and verify that such pseudonymization has been and remains properly and truly conducted.
‘Research and Investigation’
References to “research” or “investigation” mean and include a systematic study designed to contribute to or develop generalizable knowledge, with such study including research development, evaluation, and testing. Activities that meet this definition constitute research or investigation for purposes of these Codes and Policies, whether or not they are conducted or supported under a program that is considered research or investigation for other purposes.
‘Restriction of Processing’
References to “restriction of processing” of biospecimens, data, and information mean and include any activities or operations or sets of activities or operations which mark stored biospecimens, data, and information, or their sets, with the aim of limiting their processing in the future.
‘Risks of Processing’
References to “risks” and “risks of processing” in the context of personal biospecimens, data, and information mean and include the anticipated, assessed or reported risks of any processing of personal biospecimens, data, and information to the personal biospecimens, data, and information and also to the rights and associated interests of the natural and legal persons concerned or the human subject under study.
Such risks, of varying likelihood and severity, may result from processing that leads to physical, material or non-material damage. Think, for instance, of processing that results in discrimination or discriminatory effects, financial loss, fraud, identity theft, reputational damage, unauthorized reversal of anonymization, deidentification or pseudonymisation, violations of confidentiality or privacy, or any other significant economic or social disadvantage. Think, too, of processing that deprives natural and legal persons of their rights or prevents them from exercising their personal data and information rights.
Those risks are considered high where processing entails, and possibly reveals, sensitive personal biospecimens, data, and information, criminal convictions and offenses or related security measures. Processing is high-risk, too, where automated individual decision-making, including profiling, is involved; where personal biospecimens, data, and information of vulnerable natural persons, including children, are processed; where personal biospecimens, data, and information is being processed from or to monitor publicly accessible spaces; and where processing is done on a large scale and involves a large amount of personal biospecimens, data, and information, affecting a large number of persons who may also not be able to as easily exercise their Policy-specified rights pertaining to the biospecimens, data, and information. Think, also, of processing that may be sound in its methods but is conducted on personal biospecimens, data, and information that are sensitive or valuable, and where it would be considerably harmful to natural and legal persons if there were accidental, malicious, unauthorized or unlawful access, alteration, destruction, disclosure, exposure, leakage, loss or theft.
For many of these situations, processing is strictly prohibited. But at times it may be permitted by conducting a “data processing risks assessment” or “research and processing risks assessment” then effectively addressing any concerns found and reported, including eliminating any identified factors leading to risks and further anonymizing or minimizing the personal biospecimens, data, and information.
‘Seal’ and ‘Sealed’
The Founder, President and Chair shall provide for a corporate seal, which may have the name of one of The Ikoku Foundations or the pertinent division, series, subsidiary or affiliate inscribed thereon and shall otherwise be in such form as may be approved from time to time by the Founder. Thus, references to “seal,” “sealed” and requirements for any instrument to be sealed mean only the use of said approved corporate seal by causing it to be personally impressed or affixed on an official instrument of The Ikoku Foundations by a person authorized to do so by the Founder, President and Chair via express and written instrument signed and sealed. No person or entity shall use the said approved corporate seal in any manner, including “for identification purposes only,” unless such use has been approved by the Founder, President and Chair via express and written instrument signed and sealed.
‘Sensitive Data’ and ‘Sensitive Information’
References to “sensitivity” mean and include a working definition of sensitivity — as delineated below — that helps The Ikoku Foundations determine or decide whether and what to treat as sensitive personal data and information:
And furthermore, by accessing, communicating, engaging, monitoring, transmitting, or otherwise using or visiting, in any way, The Ikoku Foundations, any part or section of The Ikoku Foundations, any part or section of the divisions, series, subsidiaries, or affiliates, as well as any areas, offices, parts, sections, or assets or properties of the Products or Services, you accept and agree to the terms, conditions, and requirements described above, and in these Codes and Policies, in their entirety without modification.
‘Signature’ and ‘Signed’
In a number of state, federal and international statutes pertaining to activities, operations and jurisdictions of importance to The Ikoku Foundations, the definition of signature does not include a stamped, computer generated, digital or electronic signature. Thus, references to “signed,” “signature,” and requirements for any instrument to be signed mean only a personally signed and handwritten mark by the person whose signature is so required and authorized, with stamped, computer generated, facsimile, digital or electronic forms of signature not permitted to serve as substitute.
‘Third Party’ and ‘Third Country’
The Ikoku Foundations endeavor, in their official documents and policies, to clearly and consistently consider and describe varied persons and relations that help with the fulfillment of the originating mission and purposes. Thus, references to “third party” mean and include a person or entity who is not one of the principals of an activity or relationship (i.e. an agreement, contract, operation, service or transaction) but is involved in that activity or relationship in an official or recognized capacity.
Meanwhile, references to “third country” mean and include a person or entity located in a country different from the principal country (or region) that serves as the expected or typical setting for an activity or relationship. But (similar to a third party) that person or entity and associated country has become a party to and setting for the activity or relationship in an official or recognized capacity.
All activities, relationships and equivalent arrangements between The Ikoku Foundations and a third party or third country require, in addition to our official documents and policies, approval and authorization from the Founder as well as a written contract or equivalent legal instrument, the further requirements for which are often delineated and described in these Codes and Policies.
‘Trial,’ ‘Clinical’ or ‘Research’
References to “clinical trial,” “research trial,” or “trial” in the context of research mean and include a research or investigation study in which one or more human subjects are prospectively assigned to one or more interactions or interventions (which may include placebo or other control) to evaluate the effects of the interactions or interventions on biomedical, behavioral, physiological, psychological or technological outcomes.
‘User Content, Data and Feedback’
References to “user content, data or information, and feedback” mean and include the following:
Please do also see the Policies on Data and Information, on Human Subjects Research and Investigation, and on Intellectual Property for further pertinent details concerning user content, data, and feedback.
‘Writing,’ ‘Written,’ and ‘Electronic Communication’
References to “writing” and “written” mean and include only a recorded textual message in a recognized and standardized official language, expressly transcribed into physical, character- and letter-based form by a consenting person being the “writer,” to a consenting natural or legal person being the “recipient,” capable of comprehension by ordinary standardized visual, tactile or auditory means of reading and interpretation, and shall include “electronic mail (email)” and very similarly written “electronic communication,” provided that the conditions set forth below are met:
(1) Clarity, Legibility and No Inference — As with all actionable, applicable, approvable, legitimate and official communication from, for, of, in, within or pertaining to The Ikoku Foundations, “electronic communication” must be expressly written, clearly legible and require no inference (or “guesswork”) as to its content, meaning, sender or writer, and such communication must also create a record that:
(2) Approval of Means of Communication — As with all actionable, applicable, approvable, legitimate and official communication from, for, of, in, within or pertaining to The Ikoku Foundations, acceptable forms of electronic communication must adhere to the above and furthermore be approved for conducting specified purposes of The Ikoku Foundations via unanimous agreement and consent of the following:
(3) Provided and Unrevoked Consent — As with all actionable, applicable, approvable, legitimate and official communication from, for, of, in, within or pertaining to The Ikoku Foundations, writing by electronic communication may be deemed validly delivered, and any contracts or agreements thereof dependably enforceable, only if delivered to a recipient who has provided an unrevoked and written consent to the use of such means of transmission and communication for the specified activity pertaining to The Ikoku Foundations.
(4) Clear Conditions of Consent — As with all actionable, applicable, approvable, legitimate and official communication from, for, of, in, within or pertaining to The Ikoku Foundations, such electronic transmission is not formally authorized, and no contracts or agreements thereof are dependably enforceable, unless in addition to satisfying the aforementioned conditions — as well as the requirements for consent — the consent to the transmission has been preceded by or includes a clear written statement to the recipient as to:
(5) Facsimile, Email, Message Boards and Networks: Furthermore, electronic communication or transmission shall include only:
No means of communication, notice, or notification by, from or on behalf of The Ikoku Foundations can, may or shall in itself entail any violation of confidentiality or privacy or any significant risk to the basic, civil and fundamental rights of a natural person — nor shall the performance of any official agreements, contracts, duties or responsibilities of The Ikoku Foundations require such means of communication, notice, or notification. Where the conditions above and in these Codes and Policies have not been met The Ikoku Foundations consider such communication, notice, or notification to have not been authorized or approved and require that both the Founder be notified immediately and a remedy of the situation be promptly achieved.
Further References
Where duties, expectations, freedoms, principles, rights, responsibilities, standards as well as means, measures, methods, and practices are referred to, they are as delineated and described in these Codes and Policies. And unless where normally expected and the context otherwise clearly indicates — for instance, there is only one primary nonprofit organization, The Ikoku Foundations, one Founder and one President — words used in the singular include the plural, and the plural includes the singular.
The Central Policies
Provision
As stated earlier, The Ikoku Foundations User Agreement and Code of Conduct consist of several Codes and Policies that collectively govern all of your activity with, within, for, in reference to and otherwise pertaining to The Ikoku Foundations. By continuing, you indicate that you understand that these Codes and Policies include — but are not limited to — the Founding and Mission Statement, the Founding and Governing Code of Ethics, the Policy on Corporate Integrity, the Policy on Independence and Freedoms, the Policy on Privacy and Confidentiality, the Terms and Conditions of Use and Service, and the Acceptable Uses Policy along with all Associated Codes and Policies. Access to the aforementioned is provided below.
Founding and Mission
Statement on Founding and Mission of The Ikoku Foundations (HTML)
Founding Code of Ethics
Founding Code of Ethics (HTML)
Corporate Integrity
Corporate Integrity (HTML)
Independence and Freedoms
Independence and Freedoms (HTML)
Privacy and Confidentiality
Policy on Privacy and Confidentiality (HTML)
Terms and Conditions
Terms and Conditions of Use and Service (HTML)
The Acceptable Uses Policy
Acceptable Use Policy (HTML)
All Policies
All Policies (HTML)
Ethics at the Foundations, in Foundation
The Codes and Policies above deeply reflect the founding and mission of The Ikoku Foundations. They inform the work of The Ikoku Foundations and efforts to achieve benefit, impact, and success. The result, therefore, are three features evident in the organizations, their products and services, and most importantly, their communities:
Nonprofits Dedicated to Africa
Independent, private, non-profit organizations that serve the public interest in Africa and its global diasporas — by advancing education and research and by also supporting creative ideas, civic endeavors and emerging communities, organizations and societies.
Support for a Global and Just Future
A founding mission and ongoing emphases of support for good works that help the public understand Africa’s essential place in a global future, one that is to be more knowledgeable, environmentally sustainable, equitable and of benefit across communities in just societies.
A Vision of the Public Good
A vision of the public good that accounts for the past while ensuring a just and shared future. That draws inspiration from peoples who, despite a history of systemic difficulties, maintain an unyielding belief that the betterment of their human condition will foster the betterment of those living around them and will enhance the present and futures of the regularly disenfranchised, marginalized and underserved.