Terms and Conditions of Use

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Last updated 2021-04-09

1. INTRODUCTION

These terms and conditions of use (hereinafter the “T&C”) regulate the use and access to the Datasketch platform, owned and operated by Random Monkey SAS and/or Random Monkey, Inc. (hereinafter, “Datasketch” or the “Platform”), both, regarding the free and paid services. These T&Cs generate rights and obligations for both Datasketch and the User/Subscriber, so they should read these terms and conditions carefully. If you do not agree with any of the terms that will apply when using the Platform, they must immediately refrain from using the offered services. By using the Platform in any of its modalities, the User/Subscriber accepts and is bound by these T&Cs.

2. DEFINITIONS

  • Cookies: They are small pieces of data stored while visiting our website in theUser’s/Subscriber’s browser and optionally in other places on their computer or mobile device.

  • Datasketch Community: t is the set of Users/Subscribers who have created an account in the Datasketch Platform or who have registered in any of its services.

  • Personal data: any information linked to or which may be associated with one or more specific or identifiable individuals.

  • Sensitive data: data that affects the privacy of the owner or whose improper use may generate discrimination, such as information regarding racial or ethnic origin, political orientation, religious or philosophical convictions, data related to health, sexual life and biometric data, union membership, social or human rights organization membership, or membership of an organization that promotes the interests of any political party or that guarantees and/or promotes the rights of opposition political parties.

  • Public data: data that can be obtained and offered without reservation and that by its nature may be contained in public records and documents, such as marital status, profession or trade.

  • Processor: individual or legal entity, public authority, agency, or other body which processes personal data on behalf of the Controller.

  • Platform: Datasketch’s main site www.datasketch.co, as well all other websites derived from the main page that provide services and functionalities for the user.

  • Controller: individual or legal entity, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

  • Data Subject: individual whose personal data is subject to processing.

  • Transfer: it takes place when a Controller sends data to another Controller, with autonomous processing purposes.

  • Transmission: it takes place when the data is shared to a Processor by a Controller, with the purpose of carrying out the processing of the data for specific purposes, on behalf of the Controller.

  • Subscriber: the person who navigates the Platform and who has an active paid account to access Datasketch’s services.

  • User: the person who navigates the Platform without having an active paid account to access Datasketch’s services, or whom has an active free account.

3. USE OF THE PLATFORM

The Platform

The Platform comprises Datasketch’s main site www.datasketch.co, as well as all other websites derived from the main page that provide services and/or functionalities for the user, and any others that Datasketch may develop in the future.

The following are the Datasketch product and service applications to which the terms and conditions apply:

The Platform hosts its services directly or may also use third-party services in different sections of the Platform. By accessing the Platform and accepting the T&Cs, the User accepts that certain services will be hosted on third-party sites through connection interfaces, which in turn manage their own terms and conditions.

Aceptance

y accessing, browsing and/or using the Platform, the User/Subscriber declares to have read and understood these T&Cs, freely accepts and expressly adheres to them.

Likewise, Datasketch’s Personal Data Processing Policy, notices and information security policies published on the Platform, form an integral part of these T&Cs.

Modifications

Datasketch reserves the right to modify these T&Cs at any time. Any modification will enter into force and will come into effect for the Users/Subscribers of the Platform from the moment of its publication at www.datasketch.co. Datasketch will publish notifications or banners on its page to inform about the updates to the T&Cs. Nevertheless, the User/Subscriber is under the obligation to periodically review T&Cs.

Correct use of the Platform

The User agrees to use the services of the Platform in accordance with the provisions of these T&Cs and in accordance with the laws of the Republic of Colombia. The User shall refrain from using the Platform for illicit purposes, in any way that may be harmful to the rights and interests of third parties, and from performing acts that in any way may damage, disable, overload, deteriorate or impede the normal functioning of the Platform.

4. CHARACTERISTICS OF THE SERVICES

Datasketch

Datasketch is a Platform that seeks to democratize the access to data. It offers Users a diversity of applications with simple solutions for the use, analysis, visualization, exploitation, organization, cleaning and publication or communication of data through graphs, charts, tables, word clouds, diagrams and other information visualization solutions.

On the other hand, Datasketch carries out knowledge transfer, educational, academic research and/or data journalism activities, in order to democratize the access to information of public interest, thus providing its clients and the general population with a wide range of services based on the use of data.

User and Subscriber Profile

It is desirable that the Users and Subscribers of the Platform are over 18 years old, since their use of the Platform implies obligations and the consent to these T&Cs. If the User or Subscriber is underage, their legal representative must authorize the creation of their profile and must accept the T&Cs on behalf of the User/Subscriber.

Registration on the Platform

Regardless of the type of service chosen by the User or the Subscriber, in order to access the services offered by the different applications of the Platform, it is essential to create an account with a username and password. User and password management are the responsibility of the User/Subscriber for their individual use and should not be shared with third parties.

Services and functionalities

The Platform offers different possibilities and services.

Datasketch Apps, available at http://datasketch.co, offers different service possibilities for Users, in which there are variations regarding access to applications, publication of analyzed data, branding, versioning, loading capacity of data, capability of visualization of views and datasets.

  • Types of applications: there are basic applications and premium applications. All applications are advertised on the page with their respective category. Both the applications and their category may change over time, without prior notice.

  • Plans: Depending on the plan acquired by the User/Subscriber, different functionalities of the Platform are accessed or limited, such as the volume of information to be loaded, download times, the possibility of keeping the information public or private, among others. The features and prices of the plans may change without prior notice.

  • Publication of data: Datasketch collects all the data that Users/Subscribers voluntarily upload to the Platform by making analyzes, graphs, visualizations and other services, depending on the type of service and plan the User/Subscriber chooses.

  • Branding: Users/Subscribers can purchase brand personalization and branding plans by using the different Datasketch products and services.

  • Versioning: Users/Subscribers can access or acquire versioning services of the information uploaded to the platform to see historical moments of the uploaded information. Copy saving frequencies, versioning modes, and archive keeping times may vary without notice.

  • Data loading capacity: the different plans include information upload limitations. The User/Subscriber is responsible for keeping copies of the information uploaded to the Platform. Datasketch does not offer file services, in its information upload options copies of the information can be kept to facilitate interaction with the Platform but in no case does it guarantee the stability or maintenance of the saved information.

  • Visualization and dataset view capabilities: Uploaded files and visualizations can be published with hosting provided by Datasketch. Depending on the plans purchased by the User/Subscriber, access to visualizations or data may be limited for viewing or downloading by other users without prior notice.

  • User Management: Datasketch can integrate user management functionalities for the same organization account. In that case, an administrator user will have control over the accounts that belong to the organization.

Types of accounts:

There are 3 types of accounts: Basic, Pro and Team. Datasketch may offer other types of accounts in the future, or modify the characteristics of the types of accounts, prior notice on its website and/or by email to Users/Subscribers. The following characteristics of the account types are highlighted:

FeaturesBASICPROTEAM
Publication of dataUploaded data becomes available to the publicUsers can choose whether to make uploaded data private or publicUsers can choose whether to make uploaded data private or public
Publication of visualizationsVisualizations become available to the publicUsers can choose whether to make visualizations private or publicUsers can choose whether to make visualizations private or public
Limitation of funciontalitiesYesAccording to the planAccording to the plan
User managementNoNoYes
PaymentFreeDifferent modalities, according to current ratesDifferent modalities, according to current rates

Payment of the service

For paid services, the Subscriber may choose between different credit card payment methods. Organizations may request for the issuance of invoices of purchases whenever advanced customization services are included. At the time of payment, User/Subscriber will be automatically directed to the payment platform click here to see integrations with third parties. Dataksetch selects secure providers for payment and refrains from guaranteeing any technical, functional or security failure at the time of payment, as it cannot control third-party sites.

PLEASE NOTE THAT DATASKETCH DOES NOT COLLECT USER’S / SUSCRIBER’S BANK ACCOUNT OR CREDIT CARD DATA.

Data collected by the Platform

When accessing the Platform, Datasketch collects the User’s/Subscriber’s IP data and installs the usual operating cookies (see more details in the cookies section). When the User/Subscriber decides to create an account, they must provide a username, and email.

Once the User/Subscriber has created an account, each time they log in, Datasketch will collect IP data, approximate geolocation, browsing time, sections visited, functionalities accessed, user preferences and operating data of the Platform, in order to constantly improve the User/Subscriber experience and the proper functioning of the Platform. Usage data may be shared with third parties that provide platform usage event integration tools. Datasketch makes the complete list of third parties available to whom information is sent for statistical, platform optimization or marketing management purposes.

In addition, in all cases, it will collect the data that the User/Subscriber voluntarily uploads to analyze or use in any of the Platform’s applications, as described in the following section.

Uploading of information to the Platform

The User/Subscriber is free to use the Platform to analyze and/or view the information of their choice, as long as the User/Subscriber meets the following conditions:

  • The analyzed data must be obtained from legitimate sources;

  • If data is uploaded on behalf of a company, User/Subscriber must have the consent of the company to upload information to the Platform and for it to be stored in the latter;

  • If you upload data from third parties that contains Personal Data, you must have the consent of the Data Subjects for the processing of said data and to transmit and transfer it to a third party, such as Datasketch and its allies and related companies;

  • If you upload data from third parties that contains Personal Data classified as Sensitive Data, you must have the prior and express consent of the Data Subjects to process said data and to transmit and transfer it to a third party (Datasketch);

  • If you upload information subject to copyright or that is classified as your trade secret or that of a third party, the User/Subscriber must bear in mind that, depending on the User/Subscriber plan, the data uploaded by the User/Subscriber and/or the graphic results or visualizations may be available to other users or the general public on websites that provide access to the Datasketch user community or on the internet.

  • The User/Subscriber must use the information for legitimate purposes, which are in accordance with the Applicable Law and those laws applicable to the User/Subscriber according to their country of origin and/or residence;

  • In any case, depending on the User/Subscriber plan you have and your own choice, the data you upload and/or the graphic results or visualizations may be made available to other users or the general public on websites that access the Datasketch user community or on the internet.

In conclusion, it is the sole responsibility of the User/Subscriber to make good use of the information that they upload, in line with the principle of good faith and respect for their own rights and those of third parties, especially those of privacy and intellectual property.

Datasketch will collect the data that the User/Subscriber voluntarily uploads to analyze or use in any of the Platform’s applications, with the following purposes: (i) to store the data processed by the User/Subscriber and have it available for future access by part of the same User/Subscriber either to analyze them with another of the available applications, or to create a new version of them and generate new analysis and/or visualizations; (ii) store metadata (such as file size, data format, data type, data statistics) for statistical purposes to improve the functionality of the Platform; (iii) for Users/Subscribers with plans in which the information is available to the public and/or the Platform community, data will be collected so that they can be used as examples of views and published on Datasketch’s website and/or social networks and use them for advertising and commercial purposes in the creation of new information products or services.

Datasketch has no interest in directly collecting personal data from third parties other than those of Users/Subscribers, nor directly collecting personal data of minors (under 18 years of age) or Sensitive Personal Data of third parties, therefore it is the User’s/Subscriber’s responsibility to know the obligations they must comply with when sharing this type of information and the need to have consent of Data Subjects, among other obligations imposed by Law 1581 of 2012 and its regulatory standards, as well as those imposed by the local regulations applicable to the User/Subscriber.

If for any reason the User/Subscriber when browsing the platform notices that there is personal data that should not be exposed, they must communicate it to Datasketch promptly, through the respective channel: support@datasketch.co

Information storage

Datasketch stores User/Subscriber information in the cloud, and for this it hires third-party services. These third parties offer information security guarantees and comply with high standards of quality of service.

Information query

As long as the User/Subscriber has an active account, they will be able to access the information they have uploaded. If the account type and plan allow it, the User/Subscriber may also access previous versions of the information that they have uploaded and may even access information uploaded by other Users/Subscribers.

If the User/Subscriber does not want other Users/Subscribers to access their information, they must have an account type that allows for the restriction of access to their content and must choose the respective option so that the data they upload remains private.

Deletion of information by the User/Subscriber

At any time, the User/Subscriber may delete information from their account that they have uploaded in the past. However, Datasketch will continue to keep a copy of the information in its backup.

If the information that the User/Subscriber deletes had been available to the Datasketch Community or to the general public, Datasketch will not be able to prevent said third parties from continuing to use and share it if it has been previously downloaded by other Users/Subscribers.

Account inactivity

In the event that the User/Subscriber has an account and it remains inactive for more than 3 years, Datasketch may delete the information that the User/Subscriber has uploaded and may delete the account, prior notice to the registered email of the User/Subscriber, with the exception of the information that must be kept in accordance with applicable law.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY, PERSONAL DATA AND INFORMATION SECURITY

Intellectual and industrial property of Datasketch

The User/Subscriber acknowledges and accepts that the Platform and any other software, information, tool, development, or content necessary for the provision of services by Datasketch and for the use of the Platform, contain protected and confidential information. Likewise, the User/Subscriber acknowledges and accepts that the content or information that is available or is part of the Platform is, or may be, protected by industrial property, copyright, trademarks, trade names, or other intellectual property rights. Except for the material of the Platform licensed with free software licenses or Creative Commons open content, which can be reused or adapted as long as the user links and references Datasketch’s article or page, or that it is expressly allowed by the open license used or the applicable law, the User/Subscriber agrees to refrain from trying to identify or determine in any way the structure or composition of the information, tools, developments, content, or software, available or that are part of the Platform, in order to replicate, modify, reproduce, copy, or in any way exploit them in whole or in part.

The User/Subscriber acknowledges that all of Datasketch’s products and services’ designs, distinctive signs and names are or may be trademarks or protected by other industrial property rights (the “Datasketch Industrial Property Rights”). Datasketch will not assign or license its Industrial Property Rights or its copyrights under any applicable law. Additionally: (a) the User/Subscriber undertakes not to register directly or through a third party, any design, drawing, logo, trademark or any other distinctive sign, Industrial Property Right or copyrighted work, which could be similar to a degree of confusion to those of Datasketch, whether due to their colors, design, typography, phonetics or for any other reason; (b) except as provided in this section or where there is express written consent from Datasketch, the User/Subscriber may not use the Industrial Property Rights, trademarks, patents, designs, technology, know-how, copyrighted works, or other rights or protected information of Datasketch; and, (c) the User/Subscriber will refrain from using Datasketch’s Industrial Property Rights in any way that conflicts with good customs and morals, that violates Datasketch’s rights or those of third parties, or that may cause or effectively cause damage to Datasketch’s name or reputation or that of a third party.

Assignment of Intellectual and Industrial Property Rights over the information, data and content that the User/Subscriber shares on the Platform

By uploading or sharing information, data and any other type of content on the Platform, the User/Subscriber acknowledges and accepts that: (a) they do not contain confidential or reserved information or any other information protected by trade secrets, industrial or intellectual property rights of third parties and if so, the User/Subscriber has the authorization to disclose them; (b) Datasketch has no obligation of confidentiality, express or implied, with respect to the information shared by the User/Subscriber; (c) depending on the User/Subscriber plan, Datasketch will have the right to use or disclose (or choose not to use or disclose) the information shared by the User/Subscriber, for purposes associated with the activities of its corporate purpose, through any means and throughout the world; (d) The User/Subscriber expresses his willingness to assign in favor of Datasketch the ownership of the patrimonial rights derived from the industrial or intellectual property assets and/or copyrighted works shared on the Platform, for the maximum time allowed by applicable law in each territory in which exploitation of the latter is carried out. The exclusive powers conferred to Datasketch by means of this assignment, allow it among others to carry out, authorize, or forbid, the reproduction, distribution, disclosure, or communication to the public and transformation of the industrial or intellectual property assets and/or copyrighted works shared by the User/Subscriber on the Platform and in general to exploit them commercially in the way that Datasketch finds it convenient in the territory of Colombia and abroad (all countries, in addition to the electromagnetic spectrum, microwaves, satellite signals and Internet broadcasts); (e) the User/Subscriber is not entitled to any compensation or economic retribution of any nature; and, (f) the information shared on the Platform may be freely used by third parties, to whom Datasketch confers a limited, non-transferable, free and non-exclusive license to use the content published by Users/Subscribers on the Platform for statistical and/or educational purposes. The exploitation for any other purpose of the content published by the Users/Subscribers on the Platform is forbidden without the authorization of Datasketch.

Obligations of the User/Subscriber in relation to intellectual or industrial property assets, information and content shared on the Platform

In relation to intellectual and industrial property assets, information and, in general, the content that is shared or uploaded to the Platform, the User/Subscriber declares that they will not publish, upload, transmit or in any way make available content that:

(a) violates the laws of the country in which it is exploited, and in particular, the laws of Colombia;

(b) is in violation of Datasketch’s policies;

(c) contains personal data of underage, sensitive personal data, private or semi-private personal data, when User/Subscriber does not have Data Subjects’ consent of that of their legal representatives to disclose said information;

(d) infringes the intellectual or industrial property rights of third parties;

(e) has a reserved, confidential or trade secret nature;

(f) may result in the infringement of the rights of third parties of any nature, and especially of fundamental rights;

(g) that for any reason may imply responsibility or derive in a punitive, sanctioning, or negative legal consequence for Datasketch;

(h) is defamatory, fraudulent, obscene, pornographic, abusive or threatening in any way;

(i) promotes or incites the commission of criminal conducts or the violation of applicable law; or,

(j) is presented as originial content of their ownership, when it has been developed by another source.

On the other hand, when sharing or uploading intellectual or industrial property assets, information and, in general, content on the Platform, the User/Subscriber:

(a) may upload third-party data, only when the original source has expressly or tacitly accepted or authorized its disclosure, for example, has published the data for its download. This applies to all public data or to data that is available on open access platforms;

(b) must always identify and reference the source of the uploaded data;

(c) must obtain the authorizations it requires to disclose the content and ensure that it does not incur any of the prohibitions mentioned above.

Reporting and removal of infringing content

Datasketch reserves the right to delete the content when it violates the provisions of this section, as well as to cancel the User’s/Subscriber’s plan when it deems it convenient. Likewise, Datasketch expresses its willingness to fully cooperate with any authority in the investigation of any violation of the provisions of this section or of any applicable law. Any User/Subscriber may report that they have accessed or identified infringing content to the following email: support@datasketch.co

Limitation of Liability

The User/Subscriber accepts and declares that they will be solely responsible for the disclosure of intellectual and/or industrial property assets, information, data and in general, the content that they upload or share on the Platform, for which they will assume any legal, economic, or any other responsibility. Likewise, the User/Subscriber declares to know and accept that Datasketch will not be responsible for the decisions that the User/Subscriber makes based on the information available on the Platform and, therefore, will hold Datasketch harmless and will refrain from requesting the recognition of any compensation for damages against Datasketch, in relation to the aforementioned.

Personal data protection

Datasketch will directly collect public, semi-private and private data from Users/Subscribers and will act as Controller of the personal data and will process it in accordance with the provisions of Datasketch’s Personal Data Processing Policy (hereinafter, the “Personal Data Processing Policy”) available at http://datasketch.co/legal/personal-data.

Indirectly and to the extent that it is uploaded by Users/Subscribers, Datasketch as Processor of the personal data, will collect public, semi-private and private data from third parties. Users/Subscribers must refrain from uploading sensitive personal data or personal data of underage and shall always protect the privacy of the Data Subjects of whom they upload personal data.

By means of the acceptance of these T&Cs, the User/Subscriber declares that they know and consents in a prior, express and informed manner to the processing of their personal data in accordance with the Personal Data Processing Policy, for the purposes set forth therein. Likewise, the User/Subscriber acknowledges that the Personal Data Processing Policy includes the procedure for claims and queries that will allow Users/Subscribers to execute their right to access, know, consult, rectify, update, and delete their personal information. Likewise, the User/Subscriber knows that they may submit any request regarding personal data to the following email: support@datasketch.co.

Cookies

Cookies allow for Datasketch to “remember” information about User/Subscriber preferences and sessions, and allows Users/Subscribers to navigate within the functionalities of the Platform for a more personalized and comfortable experience.

When accessing the Platform, Datasketch installs the following types of cookies: session management, language and location preferences, data preferences, purchase preferences, and others specific to each of the services of the Datasketch platform detailed in: https://datasketch.co/open/cookies.

Although the User/Subscriber can configure the application to accept only some cookies, if the User/Subscriber does not have certain cookies activated, functionalities and efficiencies in the use of the Platform may be lost. Datasketch may also use other technologies to track the use of the Platform and other applications of the User or their screen times, the description of the applications used in Datasketch can be found at this link: http://datasketch.co/open/ third-party-integrations.

Security of the information

Datasketch makes use of different technologies and information security procedures aimed at guaranteeing the integrity, confidentiality and availability of the information uploaded by the User/Subscriber.

Datasketch implements high standards of information security and reliability. However, Datasketch may not ensure that there will not be sporadic errors in the operation of the security and safeguarding procedures of the information on its behalf or on the behalf of the third parties that it engages for the provision of different services (cloud, hosting, etc.), as well as malicious access by third parties (hackers, malware, among others), which could jeopardize the stability of the Platform and the data hosted in the latter, temporarily or permanently.

In the remote event that the data uploaded by the Users/Subscribers is compromised by a malicious attack by third parties, Datasketch will act with the utmost diligence to mitigate the risks or damages derived from the modification, suppression or hijacking of User information, and will notify Users/Subscribers when appropriate.

6. GENERAL CONDITIONS

Modificación

Datasketch reserves the right to modify these T&Cs at any time to reflect the new services and conditions of use of the Platform.

Modifications will be announced to the User/Subscriber in reasonable advance to the time when they will become effective, so that Users/Subscribers have enough time to find out about the new conditions, and pose any concerns that may arise, if any.

If the User/Subscriber should continue to use the services of the Platform after the modifications become effective, it is understood that they have agreed to be bound by the modifications of the T&Cs.

If the User/Subscriber does not agree with the modifications to the T&Cs, they must refrain from using the Platform and its services.

Applicable law and jurisdiction

These T&Cs are governed by the laws of Colombia. Any controversy that derives from the latter will be submitted to the competent judges in accordance with Colombian law.

Indemnity

The User/Subscriber expressly accepts that they will hold Datasketch, its subsidiaries, affiliates and employees harmless for any damages that they may suffer as a result of inappropriate use of the Platform. Inappropriate use shall mean any use contrary to applicable law and these T&Cs.

Extra-contractual civil liability

The User/Subscriber expressly acknowledges and accepts that Datasketch is not responsible for defamatory, offensive, illegal and/or criminal conduct of its Users/Subscribers.

Exoneración y garantías

Datasketch warns Users/Subscribers that the information on the Platform may contain involuntary errors or inaccuracies, for which it reserves the right to correct any error, omission, or inaccuracy, change or update it at any time and without prior notice, or to alert Users/Subscribers about any inconsistency in the information uploaded.

With respect to national and international Authorities, companies, products and/or services to which reference is made in the Platform, as well as the links, it is noted that Datasketch does not have any responsibility for the correct functioning of the links, or on the veracity and timeliness of the information contained in them or published by the Authorities or companies. Thus, when links or use of third-party services are suggested, such use will be autonomous of the User/Subscriber and at their own risk. Consequently, Datasketch does not assume any responsibility for direct or indirect, certain or eventual, past, present, or future damages that may arise from said use.

User Responsibility

The User/Subscriber will be liable for the damages that Datasketch may suffer, directly or indirectly, as a consequence of the breach of these T&Cs or the applicable law. The User/Subscriber acknowledges and accepts that access to and use of the Platform is carried out at their own account, risk and responsibility.

Inqueries

Any concern related to the use of the Platform may be sent by email to: support@datasketch.co.