Legal

Data Collection Agreement

Version 1.1 - Created at 2024-11-08.

1. Introduction

1.1 This Data Collection Agreement ("Agreement") is entered into between Arkilon Ltd ("we," "us," "our"), a company registered in Scotland with its principal place of business at 272 Bath Street, Glasgow, G2 4JR, and you, our customer or potential customer ("you," "your").

1.2 This Agreement governs the collection, processing, and use of data in connection with our product and services known as FacetScore ("Service").

1.3 By using the FacetScore Service, you agree to be bound by the terms of this Agreement.

2. Relationship to Other Agreements

2.1 This Agreement forms an addendum to our Terms of Service for FacetScore. In the event of any conflict between this Agreement and the Terms of Service, this Agreement shall prevail with respect to matters of data collection and processing.

2.2 We reserve the right to update this Agreement from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. Any such changes will be effective upon posting of the revised Agreement on our website or through other reasonable means of notification.

2.3 Your continued use of the Service after the effective date of any changes to this Agreement constitutes your acceptance of such changes.

3. Purpose and Scope

3.1 The purpose of this Agreement is to explain how we collect, process, and use data in providing the FacetScore Service, to set forth your rights and obligations with respect to such data, and to clarify data ownership (as detailed in Section 15).

3.2 This Agreement covers all data collected, processed, or used in connection with the FacetScore Service, whether provided by you, collected by us, or obtained from third-party sources as permitted under this Agreement.

4. Our Commitment to Ethical Data Processing

4.1 The FacetScore service requires the processing of large volumes of data to provide accurate and valuable insights. We recognize the responsibility that comes with handling such data and are firmly committed to the following principles:

  • Ethical Processing: We pledge to process all data honestly, ethically, and fairly. This commitment extends to every aspect of our data handling practices.

  • Transparency: We believe in full transparency regarding our data collection and processing methods. This Agreement provides a comprehensive explanation of our policies on data collection, including what we do and do not store.

  • Legal Compliance: We strictly adhere to all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) where applicable.

  • Data Minimization: We collect and process only the data necessary to provide and improve our services, avoiding excessive data collection.

  • Security: We implement robust security measures to protect the data we process from unauthorized access, alteration, or destruction.

  • Restricted Use for AI Training: We do not use raw customer data for training artificial intelligence (AI) models. Any use of data for improving our AI systems is limited to aggregated, anonymized insights that cannot be traced back to individual customers or their data sources.

4.2 Our goal is to maintain the highest standards of data ethics while delivering a service that provides significant value to our customers. We strive to earn and maintain your trust through our actions and transparency.

4.3 We understand the sensitive nature of business data and the concerns surrounding AI and machine learning technologies. Rest assured that your raw data remains confidential and is used solely for the purpose of providing the FacetScore service to you. Our commitment to ethical data practices extends to all aspects of our operations, including the development and improvement of our AI-driven features.

5. Age Restrictions and Children's Data

5.1 Age Restrictions for Service Use:

  • Individual Users: The FacetScore service is intended for use by individuals who are at least 18 years of age or the age of majority in their jurisdiction, whichever is higher.
  • Business Users: For business entities, the service may be used by authorized representatives of registered companies, organizations, or other legal entities.

5.2 Prohibition on Collection of Children's Personal Information:

  • FacetScore does not knowingly collect, process, or store personal information from children under the age of 13 (or higher, as required by applicable local laws).
  • Users are strictly prohibited from using the FacetScore service to collect, process, or store personal information of children under the age of 13 (or higher, as required by applicable local laws).

5.3 User Responsibilities:

  • By using the FacetScore service, you represent and warrant that you meet the age requirements specified in section 5.1.
  • If you are using the service on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to this agreement.
  • You agree not to provide any personal information of children to the FacetScore service, intentionally or unintentionally.

5.4 Discovery of Children's Data:

  • If we become aware that we have inadvertently collected personal information from a child under the applicable minimum age, we will promptly delete such information.
  • If you believe that we might have any information from or about a child under the applicable minimum age, please contact us immediately (see Section 14).

5.5 Compliance with Child Protection Laws:

  • FacetScore is committed to complying with all applicable laws protecting children's privacy, including the Children's Online Privacy Protection Act (COPPA) in the United States and similar laws in other jurisdictions.
  • Users are responsible for ensuring their use of FacetScore complies with all applicable child protection and privacy laws in their jurisdiction.

5.6 Consequences of Violation: Violation of these age restrictions or the prohibition on collecting children's personal information may result in immediate termination of your account and access to the FacetScore service, without refund.

6. Prohibited Uses of the Service

Users are strictly prohibited from using FacetScore for the following purposes:

6.1 Processing of Personal Data

  1. The Service is not designed or intended for processing personal data. Users must not intentionally submit or process:
    • Direct personal identifiers
    • Any personally identifiable information (PII) or personal data as defined by applicable data protection laws
    • Special category (sensitive) personal data
    • Financial or medical information
    • Government-issued identifiers
  2. Incidental Personal Data
    • Users must take reasonable steps to minimize incidental personal data
    • If public data sources contain incidental personal data, it will be:
      • Not extracted or processed
      • Deleted upon detection
      • Not included in analytics or outputs
  3. Exceptions to this:
    • Business contact information for authorized users
    • Publicly available business identifiers
    • Other exceptions only with prior written agreement

6.2 Unauthorized Data Collection:

  • Scraping, collecting, or processing private or confidential information from any source without proper authorization
  • Attempting to bypass or circumvent any access controls or security measures of third-party services or websites

6.3 Illegal Activities:

  • Performing any unlawful act, or facilitating, encouraging, or enabling any unlawful act
  • Violating any applicable local, state, national, or international law or regulation

6.4 Harmful Actions:

  • Causing harm, or attempting to cause harm, to:
  • Arkilon Ltd, its employees, affiliates, or services
  • FacetScore's customers or users
  • FacetScore's competitors
  • Any third-party services or connections that FacetScore utilizes

6.5 Data Protection Violations:

  • Contravening any data protection legislation, including but not limited to GDPR, DPA, CCPA, APPI, or similar regulations

6.6 Service Integrity:

  • Interfering with or disrupting the integrity or performance of the FacetScore service or its related systems
  • Attempting to gain unauthorized access to the service or its related systems or networks

6.7 Misrepresentation:

  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity

6.8 Abusive Behavior:

  • Engaging in any activity that is abusive, harassing, or harmful to other users, our staff, or the general public

6.9 Excessive Usage:

  • Using the service in a manner that exceeds reasonable request volume or constitutes abuse of the service

6.10 Any Other Harmful or Inappropriate Use:

  • Engaging in any other activity that Arkilon Ltd determines, in its sole discretion, to be harmful to the service, the company, its users, or any third parties

Violation of these prohibitions may result in immediate termination of your access to FacetScore, without refund, and may subject you to legal action. Arkilon Ltd reserves the right to report any illegal activities to appropriate law enforcement authorities.

7. Permissible Data Sources

Users are authorized to use FacetScore to gather data from the following sources, subject to all applicable laws, regulations, and terms of service:

7.1 Authorized Social Media Accounts:

  • Social media accounts to which you have explicit authorization to access and use data from, including but not limited to:
  • Your own business accounts
  • Accounts for which you are an authorized administrator or have received permission from the account owner

7.2 Publicly Available Information:

  • Information that is freely accessible to the general public, such as:
  • Content published on public websites
  • Public social media posts
  • Publicly available government data
  • Note: It is your responsibility to ensure that the use of such public information complies with the source website's terms of service and any applicable laws.

7.3 FacetScore API Integrations:

  • Information made available through our authorized API integrations with third-party providers. As of 2024-10-12, these include:
  • Google Places
  • Google My Business
  • TripAdvisor
  • Yelp
  • Facebook
  • Instagram
  • Twitter (X)
  • WhatsApp
  • Line
  • Please note that our API integrations may change over time. Refer to our documentation or contact our support team for the most up-to-date list of integrations.

7.4 Manually Provided Sources:

  • Any other data source which you have manually provided to the service, for which you have proper authorization to share and process.
  • This may include, but is not limited to:
  • Your own customer databases (excluding personal identifiable information)
  • Aggregated data from your own analytics tools
  • Industry reports or datasets you have permission to use

8. User Responsibility and Data Controller Status

8.1 For all data sources you provide or use with FacetScore, you are responsible for:

  • Ensuring you have the necessary rights and permissions to use the data
  • Complying with the terms of service of any third-party platforms or services
  • Adhering to all applicable data protection laws and regulations
  • Using the data in an ethical manner that respects individual privacy

8.2 Data Controller Status:

  • For the purposes of the General Data Protection Regulation (GDPR) and similar data protection legislation, you will be considered the data controller for any data you provide to or process through FacetScore.
  • As the data controller, you are responsible for:
  • Determining the purposes and means of processing the personal data
  • Ensuring the lawfulness, fairness, and transparency of data processing
  • Implementing appropriate technical and organizational measures to ensure data security
  • Fulfilling data subject rights requests related to the data you control
  • Maintaining records of processing activities
  • Conducting Data Protection Impact Assessments (DPIAs) where required
  • Reporting data breaches to the relevant supervisory authority and affected individuals as required by law

8.3 FacetScore's Role:

  • FacetScore acts as a data processor for any data you provide or process through our service.
  • We will process this data only in accordance with your instructions and as necessary to provide our services.
  • Our specific obligations as a data processor are outlined in our Data Processing Agreement, which forms part of this overall agreement.

8.4 Indemnification:

  • You agree to indemnify and hold FacetScore harmless from any claims, damages, or expenses arising from your failure to comply with data protection laws in your capacity as a data controller.

8.5 Prohibited Data:

  • Reminder: As stated in the Prohibited Uses section, you may not use FacetScore to process personally identifiable information (PII) or any data that you do not have the right to use.

FacetScore reserves the right to verify the source and legitimacy of data being processed through our service. Any violation of these guidelines may result in immediate suspension or termination of your account.

9. Data Retention and Deletion

9.1 Statistical information about the use of the service is retained indefinitely for monitoring and capacity planning purposes.

9.2 Data Retention and Processing

  1. All source data gathered from Section 7 sources will be deleted within 24 hours of successful processing, unless:
    • Required by law to retain for a longer period
    • Subject to a valid legal hold notice
    • Necessary for dispute resolution (maximum 30 days)
  2. In such cases where longer retention is required:
    • You will be notified of the retention and its reason
    • Data will be retained only for the minimum necessary period
    • Access will be strictly limited and logged
    • Deletion will occur immediately when no longer required

9.3 Upon account closure or service suspension, all data retained relating to you will be deleted within 30 working days.

9.4 Backup and Recovery

  1. System backups are retained for 14 days for service continuity
  2. Upon written request, we can provide:
    • Confirmation of processing completion
    • Processing audit logs (without source data)
    • Deletion certificates

10. Security Measures

10.1 All connections to the service are secured by SSL encryption.

10.2 All data we store is encrypted in transit and at rest.

10.3 We follow all industry-standard procedures relating to the security and integrity of our service and its data.

11. Changes to this Agreement

11.1 We may update this Agreement from time to time. We will notify you of any changes by posting the new Agreement on this page.

11.2 You are advised to review this Agreement periodically for any changes. Changes to this Agreement are effective when they are posted on this page.

11.3 Your continued use of the Service after any changes to this Agreement will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Agreement.

12. Your rights regarding the data

As a user of FacetScore, and particularly in your capacity as a data controller for any data you provide to our service, you have certain rights under the General Data Protection Regulation (GDPR). We are committed to upholding these rights and facilitating their exercise to the fullest extent possible within the context of our service.

12.1 Right to Be Informed:

  • You have the right to be informed about the collection and use of your personal data. This Agreement, along with our Privacy Policy, serves to fulfill this right by providing you with information about our data practices.

12.2 Right of Access:

  • You have the right to request access to your personal data. However, please note that FacetScore does not retain personal data beyond the immediate processing required to provide our service. Any personal data you submit is deleted upon processing as outlined in Section 9.2.
  • For data you provide as a data controller, you maintain direct access and control.

12.3 Right to Rectification:

  • You have the right to have inaccurate personal data rectified or completed if it is incomplete. Given our data retention practices, this right primarily applies to the account information you provide directly to us.

12.4 Right to Erasure (Right to be Forgotten):

  • You have the right to request the deletion of your personal data under certain circumstances. As stated in Section 9.3, upon account closure or service suspension, all data retained relating to you will be deleted within 30 working days.

12.5 Right to Restrict Processing:

  • You have the right to request the restriction or suppression of your personal data. For FacetScore, this right is effectively exercised through the deletion of data after processing, as we do not retain personal data for ongoing processing.

12.6 Right to Data Portability:

  • You have the right to obtain and reuse your personal data for your own purposes across different services. As FacetScore does not retain personal data long-term, this right has limited applicability to our service beyond the immediate provision of results.

12.7 Right to Object:

  • You have the right to object to the processing of your personal data in certain circumstances. You can exercise this right by discontinuing use of our service.

12.8 Rights Related to Automated Decision Making Including Profiling:

  • While FacetScore uses automated processing to provide our service, we do not make automated decisions that would produce legal effects or similarly significant effects on you as an individual.

12.9 Exercise of Rights:

  • To exercise any of these rights in relation to the limited personal data we may hold about you (such as account information), please contact us at [email protected].
  • For data you provide to FacetScore as a data controller, you are responsible for fulfilling these rights requests from your own data subjects.

12.10 Timeframe for Response:

  • We will respond to all legitimate requests within one month. Occasionally, it may take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

12.11 No Fee Usually Required:

  • You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

12.12 UK-Specific Data Protection Considerations: For users in the United Kingdom, the UK Data Protection Act 2018 and UK GDPR apply in addition to the rights outlined above. While these largely align with the GDPR, there are some specific provisions that may be relevant:

  • The age of consent for data processing in the UK is set at 13 years old.
  • There may be additional conditions and safeguards for processing special categories of personal data, particularly in areas like employment, health, and social care.
  • The UK has specific provisions for the processing of criminal offence data.
  • There are detailed exemptions balancing data protection with freedom of expression in journalism, academia, art, and literature.
  • The UK Information Commissioner's Office (ICO) has specific powers and may require certain data controllers to pay a data protection fee.
  • As a data controller for any data you provide to FacetScore, you may need to consider these UK-specific provisions in your data handling practices.
  • FacetScore complies with both GDPR and UK data protection requirements in our role as a data processor.

12.13 APPI-Specific Considerations for Japanese Users: For users in Japan, the Act on the Protection of Personal Information (APPI) applies in addition to the rights outlined above. While APPI shares many similarities with GDPR, there are some specific provisions to be aware of:

  • Consent: We obtain your consent for data collection and use as required by APPI. For certain types of data processing, you may have the right to opt-out.
  • Cross-border Transfers: We will obtain your consent before transferring your data outside of Japan, unless the transfer is to a country recognized by Japan as having equivalent data protection standards.
  • Data Retention: In accordance with APPI, we will promptly delete your data once the purpose of its use has been achieved.
  • Pseudonymized Data: If we process your data in a pseudonymized form as defined by APPI, we will handle it in accordance with APPI's specific rules for such data.
  • Data Breach Notification: In the event of a data breach affecting Japanese users, we will promptly notify the Personal Information Protection Commission (PPC) and affected individuals as required by APPI.
  • As a data controller for any data you provide to FacetScore, you may need to consider these APPI-specific provisions in your data handling practices if you process data of Japanese residents.
  • FacetScore complies with APPI requirements in our role as a data processor for data originating from Japan.

Please note that while we respect and uphold these rights, the nature of FacetScore's service—which involves immediate processing and deletion of data—means that some rights may have limited practical application beyond the control you directly exercise over the data you choose to input into our system.

13. Our Data Protection Officer (DPO)

Arkilon Ltd is registered with the ICO in the UK, with a registration number of ZB652074.

Our DPO is registered as Ryan Stenhouse. He can be contacted (See Section 14) regarding all issues relating to this agreement or any other privacy, data collection, or GDPR related concerns.

14. Contact Us

If you have any questions about this Agreement, please contact us at [email protected]. You may also write to us at 272 Bath Street, Glasgow, G2 4JR.

By using the FacetScore service, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions.

15. Data Ownership

15.1 Ownership of Input Data:

  • You retain all rights, title, and interest in and to the data you provide to FacetScore for processing ("Input Data").
  • By using our service, you grant FacetScore a limited license to use, process, and analyze this data solely for the purpose of providing and improving our services to you.

15.2 Ownership of Output:

  • FacetScore retains all rights, title, and interest in and to the insights, analyses, and aggregated data produced by our service ("Output").
  • We grant you a non-exclusive, non-transferable license to use the Output for your internal business purposes.

15.3 Aggregate and Anonymized Data:

  • FacetScore may use aggregated and anonymized data derived from the use of our services for our own business purposes, including service improvement and development.
  • This aggregated and anonymized data will not identify you or any individual and will not include any of your Input Data.

For a more detailed discussion of data ownership and usage rights, please refer to our general Terms of Service.