The Datai Analytics (hence forth referred to as “Datai”, “we” or “us”) is owned and operated by Digimedia, an Indian corporation. Datai welcomes you to this website, a community of data scientists, and invites you to participate in the community by sharing knowledge with your peers and colleagues. Like all communities, we ask that you participate in a manner that respects your fellow community members. To that end, we provide you with these terms of service to advise you of the legal obligations you assume when you engage with the Datai community or otherwise access or use the public Network or any services provided on the public Network (collectively, “Services”). These terms govern the use of the public Network (the “Public Network Terms”).
To the extent you are accessing or using our other products on behalf of a Company or Team, including without limitation by registering for an account on behalf of a Company or Team, your use of those products (such as Datai for Teams or Datai Business) is governed by their relevant Terms and Conditions.
PLEASE BE AWARE THAT BY USING THE PUBLIC NETWORK, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION TITLED “MANDATORY ARBITRATION” BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
As stated above, these Public Network Terms constitute an agreement between Datai and you and governs your use of the public Network. These Public Network Terms do NOT govern the use of our Talent, Enterprise and other Datai products and services that are not part of the public Network. In the event of any conflict between the terms and conditions of these Public Network Terms and any such service or licensing agreements, the terms and conditions of the Public Network Terms shall prevail.
You must be at least 13 years old to access or use the Network or Services, including without limitation to complete a Datai account registration. By accessing or using the Services or the Network in any manner, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you may not, under any circumstances or for any reason, access or use the Services or Network in any manner, and may not provide any personal information to or on the Services or Network (including, for example, a name, address, telephone number or email address).
If you are located within the European Union, you must be at least 16 years old to access or use the Network or Services, including without limitation to complete a Datai Account Registration. By accessing or using the Services or the Network in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Services or Network in any manner, and may not provide any personal information to or on the Services or Network (including, for example, a name, address, telephone number or email address).
Any user of the public Network is welcome to participate in community discussions, to answer questions, and to share their hard earned knowledge with public Network community participants, provided that they comply with the obligations set forth in these Public Network Terms, and to the extent that use of the public Network does not conflict with the applicable laws, rules and regulations of the user’s jurisdiction. Datai reserves the right to refuse, suspend or terminate your access to the public Network if it determines, in its sole discretion, that you have in any way violated these Public Network Terms or are otherwise ineligible to access or use the Network or Services. If your actions are determined by us to violate these Public Network Terms, Datai may, in its sole discretion, try to remediate that violation by working with you individually, but is under no obligation to do so, and if any such remediation efforts are unsuccessful (in Datai’s sole discretion), then Datai may revoke your rights to the Network. You are solely responsible for ensuring that these Public Network Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access the Network or any Services is revoked where these Public Network Terms or use of the Network or any Services is prohibited or conflicts with any applicable law, rule or regulation.
Datai will use reasonable efforts to make the public Network available 24/7/365, but from time-to-time we will have scheduled outages for maintenance purposes and other upkeep. Where feasible, we may, in our sole discretion, make efforts to inform you about any outages and report on the nature and reason for any outages that may occur in an open and transparent manner, though we are under no obligation to do so, and in any case will not be liable for any downtime.
To access some of the public Network features you will need to register for an account as an individual and consent to these Public Network Terms. If you do not consent to these Public Network Terms, Datai reserves the right to refuse, suspend or terminate your access to the public Network.
Datai is a community and we expect you to treat each member of the Datai community with respect. Whether a community member is asking their first question, or is a reputation superstar, we respect you and welcome you, but we also require you to be kind to one another. To prevent bad actors from creating a negative community experience, we have outlined what we believe to be common sense rules for community participation and reserve the right to pause or terminate your account if you engage in disruptive, abusive, or nefarious behavior outside of Datai’s Acceptable Use Policy, which is hereby incorporated into these Public Network Terms.
You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Network or otherwise use the Services, including without limitation modems, hardware, software, and long distance or local telephone service. You are solely responsible for ensuring that such equipment or ancillary services are compatible with the Services and Network.
Some premium or additional features of Datai (including without limitation Datai for Teams) may require a payment obligation for access and use. You are solely responsible for ensuring that your payment obligations, if any, remain current and not in arrears. In the event Datai charges for features you will be clearly notified of the terms of any payment obligations and provided the opportunity to refuse such obligations before you incur any charges. Please note, however, that your refusal to accept payment obligations may result in your inability to access or use certain premium or additional features of Datai.
All materials displayed or performed on the public Network, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively “Network Content”) (other than Network Content posted by individual “Subscriber Content”) are the property of Datai and/or third parties and are protected by United States and international copyright laws (“Datai Content”).
All trademarks, service marks, and trade names are proprietary to Datai and/or third parties and use of the Network means you agree to abide by all copyright notices, information, and restrictions contained in any Network Content accessed through the Services.
The Network is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international covenants, and other copyright laws. Other than as expressly set forth in these Public Network Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the Network Content, software, materials, or Services in whole or in part. You may download or copy the public Network Content, and other items displayed on the public Network for download or personal use provided that you maintain all copyright and other notices contained in such Public Content.
From time to time, Datai may make available compilations of all the Subscriber Content on the public Network (the “Creative Commons Data Dump”). The Creative Commons Data Dump is licensed under the CC BY-SA license. By downloading the Creative Commons Data Dump, you agree to be bound by the terms of that license.
Any other downloading, copying, or storing of any public Network Content (other than Subscriber Content or content made available via the Datai API) for other than personal, noncommercial use is expressly prohibited without prior written permission from Datai or from the copyright holder identified in the copyright notice per the Creative Commons License. In the event you download software from the public Network (other than Subscriber Content or content made available by the Datai API) the software including any files, images incorporated in or generated by the software, the data accompanying the software (collectively, the “Software”) is licensed to you by Datai or third party licensors for your personal, noncommercial use, and no title to the Software shall transfer to you. Datai or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
You agree that any and all content, including without limitation any and all text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and product feedback (collectively, “Content”) that you provide to the public Network (collectively, “Subscriber Content”), is perpetually and irrevocably licensed to Datai on a worldwide, royalty-free, non-exclusive basis pursuant to Creative Commons licensing terms (CC BY-SA 4.0), and you grant Datai the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially exploit such Subscriber Content, even if such Subscriber Content has been contributed and subsequently removed by you as reasonably necessary to, for example (without limitation):
Provide, maintain, and update the public Network
Process lawful requests from law enforcement agencies and government agencies
Prevent and address security incidents and data security features, support features, and to provide technical assistance as it may be required
Aggregate data to provide product optimization
This means that you cannot revoke permission for Datai to publish, distribute, store and use such content and to allow others to have derivative rights to publish, distribute, store and use such content. The CC BY-SA 4.0 license terms are explained in further detail by Creative Commons, and the license terms applicable to content are explained in further detail here. You should be aware that all Public Content you contribute is available for public copy and redistribution, and all such Public Content must have appropriate attribution.
As stated above, by agreeing to these Public Network Terms you also agree to be bound by the terms and conditions of the Acceptable Use Policy incorporated herein, and hereby acknowledge and agree that any and all Public Content you provide to the public Network is governed by the Acceptable Use Policy.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, Datai DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE PROVIDES NO GUARANTEES THAT THE SERVICES OR NETWORK WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES THE NETWORK, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE PUBLIC NETWORK TERMS ON AN “AS IS” BASIS.
You will indemnify and hold Datai, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the public Network, use of Datai products or services made available on the public Network, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Datai AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE NETWORK OR SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE, EVEN IF Datai OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT Datai’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Datai reserves the right to assign our rights and obligations under these Public Network Terms (in whole or in part) without your consent to a corporate affiliate, or in connection with a merger, acquisition, corporate restructure or reorganization, or due to the sale of all or substantially all of our assets.
These Public Network Terms will be governed by and construed in accordance with the applicable laws of the State of New York, without giving effect to the principles of that State regarding conflicts of laws. Both you and Datai hereby irrevocably agree to the sole and exclusive personal jurisdiction of the Courts of the State of New York with respect to any action, suit, or proceeding brought by it or against it by the other party in connection with the Network or Services. Notwithstanding the foregoing, these Public Network Terms shall not prevent either party from seeking injunctive relief with respect to a violation of the confidentiality provisions and indemnification provisions contained in these Public Network Terms. The Uniform Commercial Code shall not apply to the provisions of these Public Network Terms to the fullest extent permitted by law. No shrinkwrap or click-wrap terms contained in any purchase order or any Company or Team form shall apply to or supersede these Public Network Terms. In the event of any conflict between the terms and conditions of these Public Network Terms and any such shrinkwrap or click-wrap terms, the terms and conditions of the former shall prevail.
b. Mandatory Arbitration
YOU AGREE THAT WITH RESPECT TO ALL DISPUTES BETWEEN YOU AND Datai OR ITS AFFILIATES OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THESE PUBLIC NETWORK TERMS, YOUR USE OF THE NETWORK OR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, YOU AND Datai SHALL FIRST CONSULT WITH EACH OTHER TO ATTEMPT TO RESOLVE SUCH DISPUTE IN A MANNER SATISFACTORY TO BOTH PARTIES, AND THAT IF A RESOLUTION IS NOT REACHED WITHIN NINETY (90) DAYS, THEN THE DISPUTE SHALL BE REFERRED TO AND RESOLVED BY BINDING ARBITRATION UNDER JAMS, INC.’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, INC. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Public Network Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the public Network or these Public Network Terms must be filed within one (1) year after such claim of action arose or be forever banned.
You agree that, notwithstanding anything in the foregoing, any arbitration proceeding between you and us will be conducted in New York, NY, USA, that the language of the arbitration shall be in English, and that all arbitration proceedings shall be considered confidential in nature.
If you don’t want to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within thirty (30) days of the date that you first accept these Public Network Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the “Assignment and Jurisdiction” section below. Your written notification must be emailed to us at email@example.com. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this section, including, without limitation, the arbitration and class-action waiver provisions, and also including such provisions in any modifications we make to these Public Network Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this section (other than a change to the address at which we will receive notices or rejections of future changes to this section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out in the “Notices” section. It is not necessary to send us a rejection of a future change to this section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Public Network Terms; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this section shall not affect the other arbitration agreements between you and us.
The sections entitled “Public Network Terms”, “Contracts are Binding and Legally Enforceable – Please Read!”, “User Obligations”, “Content Permissions, Restrictions, and Creative Commons Licensing”, “Disclaimer of Warranties”, “Indemnification”, “Limitation of Liability”, “Assignment and Jurisdiction”, “Mandatory Arbitration”, “Survival”, “Merger and Severability”, “Notices”, “No Waiver”, and “Headings” shall survive any termination or expiration of these Public Network Terms.
Datai reserves the right, in its sole discretion, to modify or replace these Public Network Terms, as our business evolves over time and to better provide Services and Products to the Datai community, or to change, suspend, or discontinue the public Network and/or any Services or Products at any time by posting a notice on the public Network or by sending you notice via e-mail or by another appropriate means of electronic communication.
e. Merger and Severability
The parties to these Public Network Terms are independent contractors and these Public Network Terms shall not be construed to constitute any agency, partnership, joint venture, or employment relationship between you and Datai. These Public Network Terms represent the entire agreement between you and Datai and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the public Network or Services or Products contemplated hereunder. If any provision of these Public Network Terms is held to be invalid, void, unenforceable, or contrary to public policy, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Public Network Terms shall remain and continue in full force and effect.
Unless otherwise specified in these Public Network Terms, all notices under these Public Network Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
g. No Waiver
Our failure to enforce any part of these Public Network Terms shall not constitute a waiver of our right to later enforce that or any other part of these Public Network Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Public Network Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Public Network Terms are for convenience only and shall not affect their interpretation.
Datai Analytics Acceptable Use Policy
The intent of this document is to clarify what we consider to be acceptable use of any website or service provided by us.
If you are found to be in violation of any of the below policies, you will receive a notice via email. Unless you explain or correct your behavior within 72 hours, your account will be suspended. We will do our best to work with you and ensure a fair outcome in all cases. We reserve the right to immediately suspend, without notice, any content, account, or IP address which we determine to be submitting spam or other potentially damaging or disruptive content to the Network.
When your account is suspended, public access to content contributed under that account may be blocked or removed, and your account may be suspended or deleted at our discretion. Access to other functionality or information within the Network may also be blocked or disabled.
Illegal Use. Datai may not be used for illegal purposes. Examples of this include using Datai for fraudulent purposes or operating a phishing site (used to obtain account and password information).
Spam. Users that do not publish meaningful content, use deceptive means to generate revenue or traffic, or whose primary purpose is affiliate marketing, will be suspended.
Identity Theft and Privacy. Users that misleadingly appropriate the identity of another person are not permitted. Users may not post other people's personally identifying or confidential information, including but not limited to credit card numbers, Social Security Numbers, and driver's and other license numbers. You may not post information such as other people's passwords, usernames, phone numbers, addresses and e-mail addresses unless already publicly accessible on the Web.
Hate Content, Defamation, and Libel. Hate speech and other objectionable content that is unlawful, defamatory, and fraudulent. Note that an allegation of defamatory expression, in and of itself, does not establish defamation. The truth or falsehood of a bit of expression is a key element in establishing defamation, and we are not in a position to make that sort of fact-based judgment. That said, if we have reason to believe that a particular statement is defamatory (a court order, for example), we will remove that statement.
Disruptions and Exploits. We will terminate accounts and block addresses of those who attempt unauthorized use of the Datai
Copyright. Using copyrighted material does not constitute infringement in all cases. In general, however, users should be careful when using copyrighted content without the permission of those who created it. It is our policy to respond to notices of alleged infringement sent to email@example.com that comply with the Digital Millennium Copyright Act ("DMCA").
Mass Registration and Automation. Accounts that are registered automatically or systematically will be removed and access will be permanently suspended.
Sexually Explicit Material. Accounts that use Datai to post sexually explicit or pornographic material, or links to it, will be suspended.
We have set out below, an overview of how our privacy policies work. Depending on how you interact with us, we will collect and process your personal information as shown in the table below.
This statement should be read together with our related Privacy Notices, in particular our Privacy Notice for the Public Network, Privacy Notice for Datai Teams Basic, Privacy Notice for Datai Teams Business, Privacy Notice for Datai Teams Enterprise, Privacy Notice for Datai Talent and Jobs and our Employee Privacy Notice.
If you interact with us through the Public Network In addition, we will collect and process your personal information in accordance with the Datai Privacy Notice for the Public Network.
If you are a Datai for Teams, Basic customer In addition, we will collect and process your personal information in accordance with the Datai for Teams Basic Privacy Notice.
If you are a Datai for Teams, Business customer In addition, we will collect and process your personal information in accordance with the Datai for Teams, Business Privacy Notice and any other agreement that we may have with you.
If you are a Datai Talent customer This statement should be read together with our related Privacy Notices, in particular our Datai Talent Privacy Notice and any other agreement that we may have with you.
If you are a Datai for Teams, Enterprise customer In addition, we will collect and process your personal information in accordance with the Datai for Teams, Enterprise Privacy Notice and any other agreement that we may have with you.
If you are employed by us We will process your personal information in accordance with our Employee Privacy Notice. This will be made available to you internally.
HOW WE COLLECT INFORMATION FROM YOU
Information that you give to us
In the course of providing you access to the Network, as well as Products and Services, Datai collects and receives personal information in a few ways, for example, when you set up a Datai account or register for a product, newsletter or service., e.g. a demo or make comments on our site. Often, you can choose what information to provide, but sometimes we require personal information from you to carry out certain activities such as account verification or registration. This section details the ways in which we collect information from you and how that information is received.
Information we generate or collect automatically through your use of our services
Information about the systems and device(s) you use to access our Services, including, IP address, browser type and version, time zone setting, operating system and platform, device type, and device identifiers;
Information about your visits to the Websites, including the full URL clickstream to, through and from the Websites (including date and time);
Information about your use of our mobile apps, including the information you view in our mobile apps and the date and time you view it;
Information to facilitate your use of our Services (including to provide access to third-party websites and services), such as URL requests, destination IP addresses, or device configuration details; and
Pages you view or search for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), your engagement with certain variable/dynamic elements of a page and methods used to browse away from the page.
More information on cookies can be found here.
Information we collect about you from third parties
Our Products and Services may also, from time to time, contain links to and from social media platforms. If you choose to connect with us through a social media platform, we may, through the social media platform connection, collect additional information from you, such as your user names, profile picture, contact information, contact list, and the profile pictures of your contacts. Similarly, the social media platforms may collect information about your interaction with our Products and Services. We do not have any control of the collection, use and sharing of your information when using any social media platforms. You should read any associated privacy policies before using them.
Information we collect from other sources, e.g.: information from third party providers, information that helps us to combat fraud or that relates to your social interactions (including your communications via social media, between individuals, organisations, prospects and other stakeholders acquired from companies that collect combined information);
We may combine the information we collect about you from the various sources described above.
WHY WE COLLECT YOUR INFORMATION (PURPOSES)
This section explains why we collect your information and what we need it for (purposes). This is set out below, by reference to what the information is required for.
We collect and process your personal information in order to offer the Network, and to offer you our Products and Services.
If you decline to provide us with personal information when we ask you, you may not be able to access all or some of our services and you may not be able to use the Network or certain Products and Services. For example, if you do not provide us with your email address or other information required for account registration, we will not be able to register you for certain account services.
Account registration information
We need to collect your personal information for account registration purposes. Although the Network provides for anonymous and pseudonymous participation, in some instances in order to use certain Products or Services, we require account registration. This requires a name associated with your account, an email address at which we can contact you, and in some cases, additional information including, a contact address, a billing address, and a password to help secure your personal information.
When completing a public “profile”, whether it is for use with the Network or our Products and Services, we may require you to share certain personally identifying information in required and optional profile fields. The name associated with your account, which you may review and change in your account settings, as well as reputation points are publicly displayed and connected to your activity on the Datai Network and via certain Products and Services such as our Talent and Teams platforms.
Similarly, you may elect to share additional information that is not required but this will be displayed publicly at your election.
If you are using the private Network (e.g., Datai for Teams), your account settings including, name, affiliated role and company, and other information may be shared with your private Network Team members designated as authorized users of your private Network account. While some of the public and private Network profile information is required, much of it is within your control as we describe herein and can be modified, updated, and restricted by you in your Profile Settings.
Information we use to identify and authenticate you. We need this information to be able to recognize you, for example, when you access your accounts. It also helps us to protect your details and keep them secure.
Device and browser information received automatically
When you visit the Network or use our Apps, Datai automatically receives and records information from your browser or mobile device, such as your Internet Protocol (IP) address or unique device identifier. Cookies and data about which pages you visit on our Network allow us to operate and optimize the Products and Services we provide to you. This information is stored in secure logs and is collected automatically.
We may combine this browser information with other information we collect about you. This information is used to keep the Products and Services secure, to analyze and understand how our Products and Services are used, optimize such usage, provide advertising across the Network as well as certain Products and Services to personalize your experience, and to help connect you with potential job opportunities in the case of our recruiting Products and Services.
When you use the Datai Network, and certain of our Products and Services, we collect location information about you including your IP address, your location, browser information, and how you came to the Datai Network. This is the case for individuals who have registered for an account, and non-members who engage with the Datai Network by visiting our website(s) but who have not completed an account registration.
This information is collected for various purposes, including advertising, analytics and to serve content as it relates to certain Products or Services (e.g., Talent), as well as to provide you with localized content, recommendations, and marketing. You may revoke our permission to collect some of this data, including your location and browser information through your Account Settings, but this may limit functionality in some cases. Certain location information we collect is required for security and site functionality. We share this information with certain third-parties (e.g., talent recruiters, payment processors, and advertising providers) in order to provide you with our Products and Services.
WHO WE SHARE YOUR INFORMATION WITH
Advertising and marketing partners
Datai uses data analytics to ensure site functionality and to optimize our Product and Service offerings to you. We use web browser and mobile analytics to allow us to understand Network and Apps functionality. In doing so, we record information including, for example how often you visit the Network, how often you contribute content, Network and Apps performance data, errors and debugging information, and the type of activity you engage in while on the Network or in your use of our Products and Services. We may on occasion share this information with third parties for research or product and services optimization.
For Products and Services requiring payment, we collect a billing name, phone number, and email address. We also collect a billing and shipping address for invoicing purposes. If you elect to pay by credit card, Datai may engage a third party to securely process your payment. All payment processing is done through a PCI DSS compliant third party. If customers are paying by a credit card, their card details are vaulted through a third-party payment gateway. Datai will store an encrypted token along with the last four digits of the credit card and the expiration month and year of the card and will not store or retain any other billing information about you.
As the world’s largest developer community, Datai publishes an annual Developer Survey to provide key insights into the developer community, as well as other surveys from time to time, all of which include demographic (e.g. gender, race, age etc) and certain personal information. Your participation in the Developer Survey as well as any other Datai survey is entirely voluntary. In order to provide meaningful insights into the developer community, Datai may collect sensitive data about you, including, but not limited to your gender, race, sexual orientation, immigration status, and your location. We consider this data to be among our most sensitive, and have taken elevated measures to protect such data as well as to de-identify your name and other personal information from such data. We restrict such data within Datai on a privileged basis to only those that need to see it and while we may share your personal information with certain third parties such as researchers, we do so only after imposing contractual obligations of confidentiality on such third parties and only where absolutely necessary for limited research purposes.
When we publish our surveys, they are published as a compilation of anonymized data, which means that we take every effort to ensure that your information is understood in a statistical narrative decoupled from your personal identity.
If you have any questions concerning the Developer Survey or other survey and our security measures to protect your sensitive personal data, please contact us at: firstname.lastname@example.org
Legal basis for processing your information
We will only use your information where we have a legal basis for using it, for example, where we have your consent, or where we need to carry out processing to provide you with a service you have requested. This section describes the legal bases we rely on for processing your information, including when we share it with third parties.
When you access the Datai Network and use the Products and Services we offer, we collect, display, store, share, transmit, and process your information in the manner described in this policy.
In order to carry out these activities, Datai may rely on the following legal bases in order to process your personal data:
Where you have given us consent to process the information, which you can withdraw at any time.
Where the processing is necessary:
to carry out the contractual obligations in the Terms of Service or to provide the Products and Services you have requested
to comply with a legal obligation or to defend legal claims
to protect the public interest or vital interest of others
Where it is in our legitimate interests, or that of a third party to carry out the processing.
Whenever we rely on legitimate interests for processing, we ensure that we consider and balance our interests against the individual’s interests before processing. We do not use your personal data on the basis of legitimate interest for activities where individuals’ interests override our interests.
Where we process your information on the basis of legitimate interests, we do so in order to:
Secure your personal data and information
Datai is committed to the safety and security of your personal data and the information that you share with us and with the public. We treat your personal data and safety from harassment as top organizational priorities. At Datai we consider it necessary to pursue these legitimate interests in order to keep our community, you and your information safe from spam, harassment, intellectual property infringement, identity theft, and the scraping and unlawful collection of your information.
Provide and optimize products and services
We use your information to provide and improve our Products and Services, for identification, verification, to provide support, for online and offline marketing including through third party tools such as Google Analytics, and for general research and analytics reporting. In doing so, we may learn which of our Products and Services you are using most, what you’re interested in, and to better enable you to use and access our Products and Services. As a core part of our business, Datai has a legitimate interest in enabling and customizing your experience of our Product and Services offerings.
Engage in commercial transactions
As part of providing our core Products and Services, Datai may charge you for the use of some Products and Services, or certain features within these Products and Services. In order to process your payment, and to secure your financial information, we may facilitate the sharing of your information with third parties. We share your information only with third parties who have met strict security standards and consider the secure processing of your financial information to be a strict and legitimate business necessity.
Comply with regulatory and legal obligations
Datai has a legitimate interest in complying with certain legal obligations and interests which, from time to time, may require the disclosure of your personal information. Datai will not disclose your personal information to legal authorities except where such disclosure is by lawful request, including to meet legitimate national security or law enforcement demands (including a subpoena, court order, or other lawful legal demand by a legal authority with lawful jurisdiction). In some cases, we may also release your personal information to defend our legitimate legal interests. We consider our obligation to protect the Datai community from imminent physical harm to be both a legitimate business interest as well as to be within the public interest and may disclose your personal information if we believe you or another individual may be in imminent danger of harm to yourself or to another.
Marketing and product communications
From time to time, Datai may communicate with you about commercial and other Product and Services offerings. In doing so, we provide you with an opportunity to opt-out of such messages at any time you choose via your account settings. Datai will not sell your personal information to enhance our marketing opportunities or profitability (except as may relate to a corporate event such as a sale or merger), and as we are committed to preventing spam, our direct marketing efforts are limited in scope and frequency. We engage in such activities as a legitimate business interest in order to promote key Products and Service offerings and provide you with every opportunity to unsubscribe from such communications or to further limit their scope and frequency. In short, while we want to communicate some key commercial communications with you and have determined it to be a legitimate interest for us to be able to do so, you have the final say in whether or not you would like to receive such commercial communications from us. You can review or change your permissions in your Profile Settings.
Core business operations
Datai may engage with third parties in business transactions including the buying and selling of assets, the auditing of our business practices and financials, and to engage in business development opportunities. These core activities may involve the processing and/or disclosure of some limited personal information which may be necessary and within our legitimate interests to develop the Datai brand and business. If we transfer any personal information in pursuing such a business transaction, we will always ensure that strict confidentiality measures are in place to protect your privacy interests.
YOUR CHOICE AND CONTROL OF THE INFORMATION WE COLLECT ON YOU
Privacy is a guiding principle of all Datai Products and Services and we value your privacy. To this end, we provide you with the ability to control how your information is stored, and what information is collected. You may change or correct your account settings and choose not to share certain information by creating a pseudonymous account. Additionally, much of the data we collect is voluntary and your choice entirely to provide us or not. You may also remove certain optional information that you no longer wish to be publicly displayed, such as your photo, or job history. In the event Datai decides to provide additional opt-out or opt-in mechanisms under the Privacy Shield Framework, the mechanisms will be clear, conspicuous, and readily available for you to exercise your choice. And of course, should you wish, you may also request the permanent deletion of your account, in which case all personal information collected on you will be removed from our servers and encrypted (except, in some cases your IP address required for security purposes, site maintenance, and spam protection).
We also provide you additional data control options created by the GDPR, but provided to the Datai community regardless of geographic location with respect to your information, including data access and portability (including the right to obtain and download a copy of the personal data you provided to Datai), data correction (the ability to update the personal data we collect and display on you, in many cases via your account settings), data deletion (where Datai will delete personal information stored on you, which we are not required by necessity to maintain), and the ability to have us stop processing your personal data (with certain exceptions as may be necessary). You may submit data requests to email@example.com
Please also be aware that in order to respond to data requests and provide data choices to you, we may need to first verify your identity.
You may additionally control the receipt of certain marketing and advertising communications from Datai. Some messages that we send are required, and related to our legal obligations, or service related and mandatory. Other messages, like marketing and advertising communications are provided by us to let you know how you can continue to share, learn, and build your knowledge within the Datai community, and are voluntary. We provide you with the opportunity to control which voluntary (non-mandatory/required) messages you would like to receive in your Profile Settings.
ADDITIONAL INFORMATION WE COLLECT ON YOU WHEN YOU USE SPECIFIC PRODUCTS
When you register for our services or if you or your organization set up a Private Network, we may collect some additional information in connection with that service or product. This section describes in further detail the information we collect on you and how we use that information broken down by our Products and Services offerings.
Click below for links to the Privacy Notices for each of our Products and Service Offerings:
Privacy Notice for the Public Network
Privacy Notice for Datai Teams, Basic
Privacy Notice for Datai Teams, Business
Privacy Notice for Datai Teams, Enterprise
Privacy Notice for Datai Talent and Jobs
Datai Network is not intended for children and we do not knowingly collect personal data pertaining to children.
Online and other digital advertising
When you access our websites, we may use your information to provide you with advertising content.
We will only process your data for any online or digital advertising on the basis of your informed consent, which can be withdrawn at any time, or if we have a legitimate interest.
WHERE WE PROCESS YOUR INFORMATION (LOCATION)
Datai will process your information through, or on behalf of its entities located in Canada, the United States, the United Kingdom, the EEA. We may transfer your information to companies working on our behalf and to other third parties and agents located outside the European Economic Area.
Please be aware that the privacy laws and standards in certain countries outside the EEA, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to countries to which we are permitted by law to transfer personal information and we will continue to ensure that your personal information is appropriately safeguarded. More information on this is provided within the policy.
INTERNATIONAL DATA TRANSFERS
Datai is a global community and as such, you may access the Datai Network from almost anywhere in the world. When you do this, you will also be subject to the local laws of your jurisdiction you are accessing it from. By accessing the Datai Network and engaging with our Products and Services, you acknowledge that your personal data may be collected and transferred from your local jurisdiction (including member states to the European Union) to the United States.
Where Datai transfers your personal data from your local jurisdiction (including member states to the European Union) we rely on certain lawful transfer mechanisms to do so, including the following lawful bases for such transfers:
Standard contractual clauses
The European Commission has adopted standard contractual clauses (also referred to as model clauses), which provide safeguards to protect the transfer of personal information outside of the European Union. We may use these standard contractual clauses when transferring personal information outside of the European Union. You may review and request a copy of such standard contractual clauses as used by Datai by contacting us at @datai.co
OUR ONGOING COMMITMENT TO DATA SECURITY
Security is important to us and we know it is important to you. Datai follows generally accepted standards to protect your personal information when processing, transferring, and storing your personal information including Transport Layer Security (“TLS”), by restricting your personal data when we do not need to access it and by keeping your personal data only as necessary to perform our legitimate business interests.
As the data subject, you too have an important role to play in helping us protect your personal information. We encourage you to protect yourself against unauthorized access to your personal information by choosing a password carefully and in accordance with industry best standards. Do not share your password with anyone you do not trust, and make sure your computer accesses Datai via a secure network and that you do not leave your personal information vulnerable to hackers and other bad actors by leaving your computer unattended or by failing to logout of your account when you have ended your session activity.
DIRECT MARKETING OPT OUT
You may opt-out of receiving Datai email marketing materials by using the unsubscribe link in these communications or by changing your Email Settings.
ADDITIONAL INFORMATION FOR CALIFORNIA CONSUMERS
Under the California Consumer Privacy Act (“CCPA”), we are required to notify California consumers about our collection, use, and disclosure of their personal information (whether collected through this website or offline). Please see more information about this in the Legal section of our website.