Working Draft Policy Statement
Emory requires an internal review of all mobile applications developed at Emory prior to submission for distribution in public marketplaces, including but not limited to the Apple App Store and Google Play. This process is initiated by the Office of Technology Transfer in consultation with Legal Counsel, Marketing & Communications, and Library and Information Technology Services. The process is documented at https://wiki.service.emory.edu/x/FqMlAw. As part of the Apple and Google submission processes for public distribution of mobile applications, parties distributing mobile applications must affirm their ownership of the intellectual property and accept marketplace terms and conditions, which include assuming some liability and accepting business obligations. Please note that Emory is contractually responsible for the failure of Apple to properly collect sales tax, use tax, or VAT tax anywhere in the world when those taxes are due and appropriate. Although Apple spends considerable effort tracking the ever-changing tax landscape, it is possible that errors and miscalculations can happen. If there is an underpayment assessment, the funding for that liability is not covered from a central source of funds. It will be up to the department, unit, or school to fund that expense in the unlikely event it were to arise. For these reasons reviews of the intellectual property ownership status, marketability, and potential liability to Emory are essential.
Emory must also determine if mobile applications collect, transmit, or store any sensitive data and, if so, ensure that Emory's FERPA, HIPAA, PCI, or other appropriate compliance obligations are met. Distribution of mobile applications to any external (non-Emory affiliated) people without completing Emory's mobile application review process is prohibited. Distributing mobile applications that one does not personally own may also be a violation of marketplace agreements.
There are two processes for mobile app review and distribution at Emory to address the requirements for internal and external distribution. Detailed descriptions of these processes are at:
- Emory Mobile App Review and Distribution Process for Public App Marketplaces
- Emory Mobile App Review and Submission Process for Internal Emory Distribution
These processes may be updated from time to time. For example, Emory is presently using an interim internal app distribution mechanism, which leaves much to be desired. Emory is currently evaluating enterprise app store products with the goal of finding a product to support an improved internal mobile app distribution process.