Terms and Conditions
Effective Date: 22.12.2024
1. Definitions
- Data: Digital marketing investment data from platforms such as Google, Meta, and TikTok, provided by the Client.
- Panel: The online platform where industry-aggregated averages, anonymized and categorized, are displayed, using data from the Service Provider and third parties.
- Industry-Aggregated Average: Averages calculated from anonymized data of at least five companies operating in similar sectors, using data that is at least one month old.
2. Client Obligations
- The Client must provide their relevant industry data regularly to the Service Provider.
- The Client guarantees the accuracy and completeness of the data shared with the Service Provider.
- The Client will collaborate with the Service Provider to anonymize the data.
- The Client is responsible for implementing necessary technical and legal measures to ensure the security of the data before sharing it.
3. Service Provider Obligations
- The Service Provider will anonymize the data received and use it to calculate industry-aggregated averages.
- The Service Provider will not disclose identifiable information about the Client.
- The Service Provider will ensure all data processing complies with applicable legal standards and privacy regulations.
- The anonymized data and resulting averages will be made available to the Client via the Panel.
- The Service Provider will not use the data in a manner that constitutes unfair competition or breaches confidentiality.
4. Confidentiality
All information exchanged between the Client and the Service Provider is considered confidential ("Confidential Information").
Both parties agree to:
- Keep all Confidential Information secure and private, even after the termination of these Terms.
- Not disclose Confidential Information to third parties without prior written consent.
- Notify the other party immediately if an unauthorized disclosure occurs.
5. Data Privacy
- Both parties acknowledge their obligations under applicable data protection laws.
- The Service Provider will process personal data only for the purposes outlined in these Terms.
- Both parties confirm that they have obtained all necessary consents and permissions for sharing personal data.
- Personal data will be securely stored, and unauthorized access will be prevented.
- Upon termination of these Terms, personal data will be deleted unless required to be retained by law.
6. Data Usage and Anonymization
- Data provided by the Client will be anonymized to ensure that it cannot be linked to the Client's identity.
- Anonymized data will be used solely to calculate industry-aggregated averages.
- The Service Provider reserves the right to use anonymized data for reporting, analysis, and benchmarking purposes.
7. Limitation of Liability
- The Service Provider provides all data, analysis, and reports "as is" without warranties of any kind.
- The Service Provider is not responsible for inaccuracies or inconsistencies in third-party data.
- The Service Provider will not be liable for any direct, indirect, or consequential damages arising from the use of the data or platform.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws
Any disputes arising from these Terms will be resolved in the courts of Jurisdiction.
9. Changes to Terms
We may update these Terms from time to time. Any changes will be effective upon posting on our website.
Continued use of the platform constitutes acceptance of the updated Terms.
10. Contact Information
For questions or concerns regarding these Terms, please contact us.