The purpose of this agreement is to outline the terms and conditions of using Datakick Analytics’ website, platform, software, and products (collectively referred to as ‘Services’), and the information, data, text, images, and similar materials stored on, accessed via, or transmitted through our Services (collectively referred to as ‘Content’).

These Terms and Conditions are a legally binding agreement between Datakick Analytics and you (the user of Datakick Analytics’ Services and Content). When you use our Services or Content, you are agreeing to be bound by these Terms and Conditions, and our Privacy Policy. Do not use our Services or Content if you do not agree to the conditions outlined in these documents.

Datakick Analytics keeps its Terms and Conditions and Privacy Policy under regular review and places any updates on this webpage. We time-stamp each iteration, with the date of last update clearly marked. Therefore, it is recommended and expected that you revisit this page from time to time to see if the Terms and Conditions or Privacy Policy have been revised.

Note that in this document the words "Datakick Analytics", “Datakick”, "us", "we", and "our" will be used interchangeably.

Membership

Datakick Analytics offers two types of memberships – an Individual Membership and a Business Membership.

Individual Members

If you join the Datakick community as an Individual Member, you must:

• have the capacity to enter into a legally binding agreement;
• confirm that you have read, understood, and agree to our Terms and Conditions and Privacy Policy; and
• provide accurate, current, and complete information about yourself. You are not permitted to create an account for someone else, or use a false identity.

Business Members

If you join the Datakick community as a Business Member, you must:

• have the capacity to enter into a legally binding agreement;
• confirm that you have read, understood, and agree to our Terms and Conditions and Privacy Policy;
• be authorized to act on behalf of the company in whose name you are creating the account; and
• provide accurate, current, and complete information about yourself and the company that you represent.

All members

By requesting a Datakick Analytics membership, whether an Individual or Business Membership, you agree to:

• keep your user ID and password confidential;
• take reasonable steps to maintain the security of your account (e.g. using strong passwords which have a combination of numbers, symbols, and upper and lowercase letters);
• immediately notify us of any unauthorized use of your account or any other breach of account security;
• accept liability for any unauthorized use of your account; and
• indemnify Datakick Analytics (including any of our owners, employees or representatives) against any costs, losses, damages (and similar) that arise due to your violation of our Terms and Conditions and/or Privacy Policy. This includes but is not limited to payment for Datakick Analytics’ legal fees and settlement costs.

Note that your Datakick Analytics account cannot be shared, sold, or transferred to another person or entity. Datakick Analytics has the right to reject, cancel or delete your account or access to our Services for any reason without notice. We are not responsible for any loss or damage that arises as a result of these actions.

User-provided Content

Datakick Analytics allows members to share Content. All Content is the sole responsibility of the person or entity that originated that Content. Datakick Analytics does not take responsibility for user-provided Content, nor does it guarantee its accuracy.

Datakick Analytics is not under any obligation to review Content posted by users, but reserves the right to do so. And in the course of a review may edit or delete any user-provided Content, at its sole discretion.

Content submission

When you submit Content via our Services, you warrant that the Content does not violate any terms in this agreement, does violate any law, does not infringe on the legal rights of any third party, and that you have the right to list the Content. You also guarantee that, to the best of your knowledge, the Content you are submitting is complete, truthful, and reliable. You accept full liability for all Content submitted from your account.

Content licensing

Unless otherwise stated in agreements between you and Datakick Analytics, or between you and other members (including employee and contractor agreements), you retain rights to the Content that you submit via our Services. You also acknowledge that when you submit Content through our Services, you provide Datakick Analytics with the perpetual right, free of charge, to copy, modify, share, publish, commercialize, and delete your Content, and you agree to waive your moral rights in relation to the Content.

Confidentiality

You agree and understand that when you submit Content using our Services, this Content is intended to be shared with other users, members, and third parties. When you submit Content to us, you agree to waive all rights to confidentiality regarding that information, and acknowledge that Datakick Analytics will treat the Content as public information.

Other

Listing job and consulting opportunities

You must be a Business Member to post job and consulting opportunities, and pay any required fees. In addition to complying with all other sections of this agreement, you must also ensure that your listing complies with the following conditions:

• Only data-focused opportunities can be advertised on Datakick Analytics’ platform, including but not limited to, roles for Data Scientists, Data Analysts, ML Engineers, AI Engineers, Data Engineers, Data Product Managers, and Data Governance Managers. Members are not permitted to list opportunities that are not data-focused.
• You must have the authority to post the opportunity on behalf of the company that you represent.
• All information contained in the listing must be current, complete, truthful and reliable. This includes, but is not limited to providing company logos, job descriptions, job titles, salary ranges, and contact information that are in no way unlawful, misleading or deceptive.
• All images must be less than 10MB in size and must not contain any watermarks.
• You must delete your listing once the job or consulting opportunity is filled.

Liability, warranties and indemnity

Datakick Analytics strives to ensure that our Services and Content are readily accessible, secure, accurate, and up-to-date. However, occasionally Service interruptions, content errors, Service failures, and other issues will occur.

You understand and acknowledge that your use of, or reliance on any Services or Content is at your own risk. Datakick Analytics is not liable for:

• any Content, whether user-provided or not;
• contracts or other obligations that are entered into between site users or members;
• damages that arise due to your use of our Services or Content in violation of this agreement; or
• negative, offensive, or critical comments posted by other members.

Further, Datakick Analytics makes no guarantee that:

• our Services will meet your requirements;
• your use of our Services will be uninterrupted, secure, or error-free;
• the Services will be accurate or reliable; or
• errors in our Services will be corrected.

You are responsible for independently researching and verifying information that you access using our Services and Content. This includes, but is not limited to job or consulting opportunities promoted by Business Members, and the skills and work experience of Individual Members. Datakick Analytics serves only as a platform provider. If you choose to engage in any communication, hiring, or other decisions using our Services, you do so at your own risk.

Business Members who purchase Datakick Analytics’ professional recruiting or consulting services acknowledge and understand that Datakick Analytics is not responsible for decisions made by the Business Member. The Business Member has sole and exclusive determination over hiring, employment, and project decisions. Datakick Analytics makes no representations, warranties, or guarantees with respect to its professional services.

Your exclusive remedy for dissatisfaction with Datakick Analytics’ Services and/or Content is to stop using them. Notably, and without limitation, Datakick Analytics is not liable for any loss, harm, injury, damage or claim of any kind resulting from your use, or inability to use, our Services and/or Content.

Intellectual Property

Datakick Analytics’ Services and non-user-provided Content are the property of Datakick Analytics. This property is protected by copyright, trademark, patent and/or other intellectual property, proprietary, work product rights and laws. You are not permitted to download, copy, reproduce, transmit, store, sell or distribute any Services or Content owned by Datakick Analytics without our express written consent.

Payments

When you make payments for our Services or Content, you will be directed to a third-party payment system (Stripe). You must read and agree to their terms and conditions before submitting payment to Datakick Analytics.

Unacceptable conduct

All users (including Individual Members, Business Members, and non-members), agree to not perform (or incite others to perform) any act which is unlawful or inappropriate when using the Datakick Analytics’ Services or Content. Such actions include, but are not limited to the following:

• posting inaccurate, misleading or fraudulent Content.
• downloading, copying, reproducing, modifying, transmitting, storing, selling or distributing any of our Content without our written consent.
• any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting).
• sharing private or personal information about another person without their consent.
• using our Services to defame our business, staff, contractors and/or other individuals.
• trolling other users and/or engaging in behaviors which we consider to be defamatory, racist, sexist, obscene, offensive, or threatening.
• interfering with or damaging company property, or attempting to do so; this includes, without limitation, the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology.

If we, at our sole discretion, find that you have violated our terms and conditions, we reserve the right to take any action we consider appropriate or necessary to prevent and/or deter future violations of this agreement. This includes, but is not limited to, terminating your membership.

Severability

If it is determined that any provision of this Agreement is unenforceable, this will not affect the enforceability of any other provision. If any provisions conflict, Datakick Analytics will have the sole right to determine which provision remains in force. Headings have been provided to make these Terms and Conditions easier to read, they do not impact interpretation of this agreement.

Non-waiver

Datakick Analytics reserves all rights under applicable law. Our non-enforcement of any provision in this agreement or under any applicable law will not be construed as a waiver of our rights under the same or different circumstances in the future.

Legal jurisdiction

Use of Datakick Analytics’ Services and Content is governed by the laws of Texas, USA, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Texas.

This privacy policy (Policy) explains how Datakick Analytics collects, uses, stores, and shares information that we collect from you when you use the Datakick Analytics website, platform, software, and products (collectively referred to as ‘Services’).

This Policy applies to all Service users, including members and non-members. Please take the time to read and understand this Policy before using our Services. Do not use Datakick Analytics’ Services if you do not consent to the Policy terms described below.

Data Collection

What data do we collect?

Datakick Analytics collects the following types of data from people and companies that use our Services:

• Account information (e.g. name, email address).
• Cookie and tracking information (e.g. how you use our website).
• Any other information that you willingly submit to us (e.g. survey responses, queries submitted via our contact form).

How do we collect your data?

We typically collect information directly from you, including when you enter information on our website, during correspondence by telephone or email, and when you provide information about yourself during job applications. We may also collect information about you from third parties and via browser cookies.

Data Use

How will we use your data?

Datakick Analytics collects your data so that we can:

• Process your subscription and provide service to you.
• Share news and information related to Datakick Analytics with you.
• Request your feedback and ideas about Datakick Analytics.
• Provide customer support and administer our policies.
• Gather information to monitor usage of our website and improve our Services.

Emails and marketing

Datakick Analytics would like to send you information about products and services of ours that we think you might like.

If you have agreed to receive marketing communications, you may always opt out at a later date. You may opt out of receiving marketing communications from us by clicking the unsubscribe link in our emails, or by updating your communication preferences in your profile settings.

If you opt out of receiving marketing communications, Datakick Analytics will still send you non-promotional emails about your account or contact you in response to information that you request from us.

Data Sharing

Datakick Analytics will only share data with third parties as described in this Policy. Datakick Analytics may share data with third parties in the following situations:

• With your consent – for example, by creating a Datakick membership, you consent for Datakick Analytics to share your information with other users, including data talent and business members.
• When required by law or to prevent harm – for example, Datakick Analytics will share data that is reasonably necessary to comply with a law, regulation, or legal request.
• When using services of third-party service providers – for example, if Datakick Analytics uses third parties to provide services on our behalf.
• In the event of a business transfer – for example, if Datakick Analytics is involved in an acquisition or merger we may transfer data to the relevant entity.

Data Storage

How do we store your data?

Datakick Analytics securely stores your data in the United States on an Azure managed data store.

Datakick Analytics will keep your data for as long as necessary to administer our policies and services, comply with legal obligations, and resolve disputes.

Cookies

What are cookies?

Cookies are text files placed on your computer to collect standard internet log information and visitor behavior information. When you visit our Site, we may collect information from you automatically through cookies or similar technology.

How do we use cookies?

Datakick Analytics may use cookies in a range of ways to improve your experience on our Site including keeping you signed in and understanding how you use our Site.

Examples of cookies we may use:

• Session Cookies - we use Session Cookies to operate our website.
• Preference Cookies - we use Preference Cookies to remember your previously selected preferences.
• Security Cookies - we use Security Cookies for security purposes.

How to manage cookies

You can set your browser not to accept cookies. However, in a few cases, some of our website features may not function as a result.

Other

Privacy policies of other websites

The Datakick Analytics website contains links to other websites. Our privacy policy applies only to our Site. So, if you click on a link to another website, you should read the privacy policy that governs that website.

Changes to our privacy policy

Datakick Analytics keeps its privacy policy under regular review and places any updates on this webpage. We time-stamp each iteration, with the date of last update visible at the beginning of the Policy. Therefore, it is recommended and expected that you revisit this page from time to time to see if the Policy has been revised.

How to contact us

If you have any questions about the Datakick Analytics privacy policy, the data we hold about you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us at: contact@datakickanalytics.com.