All humans have personal data rights and deserve data dignity.
Welcome to the DataLucent Inc. (“DataLucent” or the “Company”) Terms of Engagement (the “Terms”). Our terms are intended to create commercial and legal symmetry between all network participants (“You” or the “Patron”). Our services allow You to take control of your content and personal data and to enter into agreements where You can earn money and rewards for licensing your content and data to third parties (the “Service”).
Traditional terms of service documents are produced by online companies as ways of unilaterally defining and limiting the scope of what they provide to end users. As such, they are asymmetrical by nature, offering little opportunity for individuals to express their own preferences an promote their own terms.
DataLucent offers itself to its Patrons as a trustworthy steward of personal data. In doing so, DataLucent embraces the traditional common law role of a fiduciary, but in this case for the individual’s personal data. This fiduciary role is like that played by a doctor (for one’s health), or lawyer (for one’s legal status), or financial advisor (for one’s money). These entities hold themselves out in direct and trustworthy relationships with their patients, clients, and customers, under strong duties of care and loyalty. DataLucent voluntarily takes on that same kind of trust-based relationship with its Patrons. This means, among other things, that we strive with prudent practices to protect your personal data from harm, that we have no conflict of interest with any third parties, such as data brokers, and that we promote your best interests. With this set of care and loyalty duties, and its treatment of end users as Patrons, DataLucent stands out from other online companies as a data fiduciary. While DataLucent currently is constrained by the limitations of technology to provide a more robust means for its Patrons to engage in symmetrical arrangements, this “Terms of Engagement” document is intended as a robust substitute. By using our Service, you are agreeing to review and be bound by the Terms that incorporate our Privacy Policy, and our Acceptable Use/DMCA Policy. You also benefit from the various rights conveyed to you as a DataLucent Patron in our Core Principles document.
Section One – Personal Data Account
Every Patron has the right to own and control their content and personal data through a personal data account (“Data Account”) that provides you alone with full control over the data in your Data Account. To create a Data Account with us you need to complete a two-step process:
- First, you need to access a social media account that you control and download your data to a device you own and control. We refer to this as “Step One.”
- Second, you register with us and we create an account on your behalf that allows you to compile and license your data to DataLucent and our partners. We refer to this as “Step Two.”
If you do not complete Step Two, DataLucent never has access to any of the data you download to your device. All data that you upload via the Service in Step Two is anonymized, encrypted, and secured on your behalf.
We (or our partners) then provide tools that allow each Patron to populate their data account with compilations of data they want to control and secure like online content, preferences, and information from social networks (collectively, the “Patron Data”).
You own and have full control over any Patron Data and your Data Account. You represent and warrant that You have all the rights necessary to use Patron Data, that Patron Data is accurate, and that the use of Patron Data does not violate any prior agreements or existing rights. You grant us the limited right to access Patron Data for the sole purpose of providing the Services.
Section Two – Control
You have the right and the means to control your credentials and fully consent to how your Patron Data is shared and controlled. Patrons have sole control over who sees their data and on what terms Patron Data gets licensed.
By creating a Data Account with us you are opting into the Service.
Patrons are responsible for maintaining the confidentiality of their identity and the credentials needed to access their Data Account and are fully responsible for all activities that occur under their Data Account. You agree to (i) immediately notify DataLucent of any unauthorized use of a Data Account or any other breach of security. DataLucent cannot and will not be liable for any loss or damage arising from failures to comply with this section or for any losses or damages that arise from lost or stolen identity.
Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that they are age 13 or older.
Section Three – License and Content
The Terms differ from other terms of service in that You specifically do not grant the Company an unrestricted, unlimited, and perpetual license to collect and use Patron Data for any purpose whatsoever. You grant DataLucent a limited, restricted, and revocable license to use Patron Data to perform the Services (see Section 4 – Access and Use) and any additional rights or access to Patron Data must be approved by You.
You understand that all Patron Data, whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Patron Data originated. This means that You, and not DataLucent are entirely responsible for all Patron Data that You upload, post, email, transmit or otherwise make available via the Service. The Company does not control the Patron Data posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Patron Data. Under no circumstances will DataLucent be liable in any way for any Patron Data, including, but not limited to, for any errors or omissions in any Patron Data, or for any loss or damage of any kind incurred as a result of the use of any Patron Data posted, emailed, transmitted or otherwise made available via the Service.
You agree that DataLucent shall have the right to remove any Patron Data that violates the Terms or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Patron Data, including any reliance on the accuracy, completeness, or usefulness of such Patron Data. You acknowledge, consent and agree that DataLucent may access, preserve, and disclose account information and Patron Data if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Patron Data violates the rights of third-parties; (d) respond to requests for customer service; or (e) protect the rights, property, or personal safety of DataLucent, its You and the public.
Section Four – Access and Use
Patrons have full access to all of their Patron Data. You can ask DataLucent whether the Patron Data is processed or not, why, where and how this is done, and ask for an electronic copy of the Patron Data. You can revoke DataLucent’s access to all or part of the Patron Data at any time. When you consent to our accessing your data, you are agreeing that DataLucent can use the Patron Data to perform the Services. Our use of your data may include the following:
- use in the development of consumer panels
- append to and combine with other data sources
- develop and field market research surveys
- develop and target digital audiences
- aggregate with additional data to generate insights
Section Five – Privacy by Design
You have an expectation and a right to privacy and security. Our systems presume that you do not want to be tracked so we will not sell advertising that tracks your data, aggregates and sells your data, or accesses your Data Account unless you specifically consent to it, it is required to do so by law or to perform and maintain the Services.
Producer Data is subject to our Privacy Policy. As a condition of using the Service, You agree to the terms of the Privacy Policy, as it may be changed from time to time. For more information, see our full Privacy Policy at https://www.datalucent.com/privacy-policy.
Section Six – Rewards
DataLucent or its partners offer Patrons benefits and rewards in exchange for a Patron allowing access to the Patron Data. Rewards serve as the consideration that binds an agreement between You, DataLucent, and the end user of the Patron Data. Rewards may be subject to additional terms and conditions that our partners and customers publish on their rewards platforms.
Section Seven – Offers
Patrons can opt-in to receive notifications and offers from our network participants. You have the right to opt-out of this feature of the Services at any time. Offers may include participation in online audiences, panels, and surveys and may include the opportunity to earn additional rewards in accordance with Section 6 above.
Section Eight – Right to be Forgotten
You have the right to require DataLucent to erase the Patron Data and You also have the right to revoke any previously granted consents to access and/or disseminate the Patron Data.
Section Nine – Commercial and Legal Symmetry
All Patrons have a right to commercial and legal symmetry. You opt-in to a system in which each node has the ability to transact, enter agreements, and enforce their respective right with and against all other nodes (whether an individual or an entity).
IN YOUR CAPACITY AS A FULLY AUTHORIZED NETWORK PARTICIPANT YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. USE OF THE SERVICE IS AT EACH PATRON’S SOLE RISK. THE SERVICE, AND ANY GOODS PROCURED VIA THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DATALUCENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. DATALUCENT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET INDIVIDUAL REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET SPECIFIC EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DATALUCENT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DATALUCENTHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ADVERTISERS OR MERCHANTS ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
e. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH IN SECTIONS ABOVE MAY NOT APPLY TO YOU.
Section Ten – Portability
All Data Accounts are completely portable. Any Patron can terminate at any time, move their credentials and data to another service and/or otherwise suspend their use of the DataLucent Service. You create and own Patron Data under doctrines of intellectual property, which means You own them and are responsible for their use.
Additional Terms
Entire Agreement. These Terms constitute the entire agreement between You and DataLucent and governs Your use of the Service, superseding any prior agreements between You and DataLucent with respect to the Service. You also may be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines or rules that may apply when You use or purchase certain elements of the Service, affiliate, merchant, or advertiser services, third-party content, or third-party software.
Modifications. DataLucent reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DataLucent shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Service.
Independent Contractors. Nothing contained in the TERMS shall be construed to constitute either party as a partner, employee, or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions.
Choice of Law and Forum. The TERMS and the relationship between You and DataLucent shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and DataLucent agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk, Massachusetts.
Waiver and Severability of Terms. The failure of DataLucent to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision. If any provision of the TERMS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TERMS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Violations. Please report any violations of the TERMS to us at info@datalucent.com
