Data Use Policy.

 

Effective Date: August 1, 2022

 

YOU SHOULD REVIEW THESE TERMS IN ACCORDANCE WITH YOUR ORGANIZATION’S POLICIES TO CONFIRM THAT YOUR PROVISION OF CONSENT IS WITHIN YOUR AUTHORITY AND CONSISTENT WITH YOUR ORGANIZATION’S POLICIES REGARDING YOUR COLLECTED DATA (DEFINED BELOW).

 

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE OR HAVE OBTAINED ALL NECESSARY RIGHTS, CONSENTS, AND AUTHORIZATIONS TO GRANT TO US ALL THE RIGHTS GRANTED TO US UNDER THESE TERMS AND OUR POLICIES, AND THAT IN GRANTING US THESE RIGHTS YOU HAVE ACTED IN ACCORDANCE WITH YOUR ORGANIZATION’S POLICIES.

 

1.     General Definitions

1.1.  “Source”: any online data site, service, and/or source maintained and/or provided by you and/or a third party. Sources may include Shopify, Google Ads, Facebook Ads Manager, Woocommerce, Klaviyo, and any other portals providing data or analytics.

1.2.  “Source Account Information”: account credentials (including login and password information) for accessing and/or retrieving data from a specific Source.

1.3.  “Source Account Permissions”:

1.4.  “Collected Data”: data we retrieve from the Sources on behalf of ConnectPlus Users and/or that ConnectPlus Users make available to us through any mechanism(s) that we make available to receive data from ConnectPlus Users. Collected Data does not include public data directly available via the Sources.

1.5.  de-identify and/or anonymize – leave the client off (but not de-identify the personal data)

 

 

2.     Collected Data

 

2.1.  Power of Attorney

 

To use I-Factor, you must provide us with access to data in your Source Account(s). You might do this by providing us with your Source Account Information (e.g., your Source credentials, such as username and password), by providing us with Source Account Permissions using our own accounts.

 

By using I-Factor, you hereby expressly grant to us: (i) authority to use your Source Account Information or the Source Account Permissions to access the corresponding Sources and retrieve your data maintained by such Sources, in each case, on your behalf and until you delete your I-Factor account; (ii) permission to keep and store such Source Account Information or Source Account Permissions and use it to retrieve such data on your behalf until you delete your I-Factor account; and (iii) rights to store and use your Collected Data (which includes such retrieved data) as described in further detail below.

 

For the avoidance of doubt, by providing us with your Source Account Information or Source Account Permissions you hereby grant to us a limited power of attorney, and appoint us as your attorney in-fact and agent, to use such Source Account Information or Source Account Permissions to access the Sources and retrieve your data maintained by such Sources on your behalf, with the full power and authority to perform each action necessary in connection with such activities as you could do in person.

 

YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING YOUR DATA FROM THE SOURCES AND USING SUCH DATA AS DESCRIBED IN SECTIONS BELOW, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF A THIRD PARTY.

NOTWITHSTANDING THE FOREGOING, YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT ACTING AS YOUR AGENT IF AND WHEN WE USE YOUR COLLECTED DATA AS DESCRIBED IN SECTIONS.

 

2.2.  Your Use of Collected Data

 

You may access and/or use I-Factor to retrieve from the Sources and/or make available to us your Collected Data and view, access, retrieve, and/or receive your Collected Data, including summaries and/or reports including and/or reflecting your Collected Data (including through I-Factor’s data visualization tools). You may also choose to make your Collected Data available to others through a sharing or similar function that we may provide (“Sharing”). The scope of such Sharing, and with whom, is up to you. You agree that, as between you and us, you are solely responsible and liable for such Sharing and that such Sharing shall be outside of the scope of the Agreement our Policies.

 

Notwithstanding anything to the contrary in this Agreement: (i) you acknowledge and agree that you are only authorized to access and/or use Product to access, retrieve, and/or use data that you have lawful rights to access, retrieve, use, and provide to us under these terms; (ii) you represent and warrant that the Collected Data does not include any data or information relating to healthcare or healthcare related data; and (iii) you will notify us in writing promptly after discovering any breach of Section 2.2(i) and 2.2(ii) above.

 

2.3.  Our Use of Collected Data

 

You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable (except as expressly provided in Section below), sublicensable and transferable right to: (i) provide paid or free access to the data, (ii) create derivative works (such as summaries and/or reports) including and/or reflecting your Collected Data, and sell or otherwise make available those derivative works; (iii) store your Collected Data in our systems and use your Collected Data in our products and services; and (iv) de-identify and/or anonymize your Collected Data and use such de-identified and/or anonymized data for any business purpose, including to create, provide, maintain, improve, and/or develop any of our current and/or future products and/or services.

 

2.4.   Data Access and Deletion

 

A limited number of our third-party service providers, who are authorized to carry out tasks on our behalf, may access and/or use your Source Account Information, Source Account Permissions, and/or your Collected Data in accordance with the sections above.

 

Upon your request, we will delete your I-Factor account and Source Account Information. Upon such deletion, we will immediately cease any future collection of your data from the Sources and cease using your Collected Data as described above. For the avoidance of doubt, you acknowledge and agree that we may retain any Collected Data and continue to use such Collected Data as described above after we delete your I-Factor account and/or Source Account Information and after any expiration or termination of these I-Factor Terms or the Agreement. Additional information on our deletion practices can be found in our Privacy Policy. This Section shall survive any expiration or termination of the Agreement.

 

3.     Inkblot and Other Third Party Beneficiaries

 

In the event you use I-Factor in any way, the following shall apply:

  • You agree that Inkblot Holdings, LLC (“Inkblot”) and Inkblot’s subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of the Terms, Inkblot will have the right to (and will be deemed to have accepted the right) to enforce the Terms against you as between you and Inkblot;

  • You acknowledge and agree that we, and not Inkblot, are responsible for addressing any claims you or any third party may have in relation to I-Factor;

  • You acknowledge and agree that Inkblot has no obligation whatsoever to furnish any maintenance or support services with respect to I-Factor; and

 

You further acknowledge and agree that your use of any Third-Party Materials (defined in the General Terms) may be governed by the applicable third parties’ terms and conditions and that such third parties may also be third-party beneficiaries to these Terms with the right to enforce the Terms against you as between you and them.