Introduction
NOTE: this version of the TOS is for individual users, and legacy contracts more than 3 years old. If you are a team or league, you probably want to be looking at TOS for rights holders
These Terms of Service ("Agreement") govern your access to and use of the service(s) ("Service")
provided by Blinkfire Analytics, Inc. ("Blinkfire Analytics", "we" or "us") through our website
(the "Site") or through other communication platforms, including applications on your mobile device
(each, an "Application"). Please read this Agreement carefully. By accessing the Service or by
accessing or downloading any associated reports, media, materials, or "online" or electronic
documentation (collectively, "Licensed Materials"), you agree to be bound by this Agreement.
If you do not wish to be bound by this Agreement, you may not access or use the Service or Licensed Materials.
Certain features of the Service may be subject to additional guidelines, terms, or rules, which
will be posted in connection with such features. All such additional terms and the Blinkfire
Analytics Privacy Policy, which can be found lower down on this page, ("Privacy Policy") are
hereby incorporated by reference into this Agreement.
This Agreement may be amended by Blinkfire Analytics from time to time. If we make material
changes to the Agreement, we will notify you by email at the email address you provide with
your user account information. You agree that such amended Agreement will be effective thirty
(30) days after our dispatch of a notice to you, and your continued access to or use of the
Service or Licensed Material thereafter shall constitute your acceptance of the amended Agreement.
1. Eligibility
By using the Service, you represent and warrant that you have the right, authority, and capacity to enter
into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are an
individual using the Service on behalf of an entity, you represent and warrant that you have all necessary
right and authority to bind such entity to the terms and conditions of this Agreement.
2. User Accounts
To become a registered user and be eligible to access and use the Service, you must create a user
account ("Account") by registering on the Site. To open an Account, you must complete the registration
process for the Service by providing Blinkfire Analytics with the information requested on the
registration form (the "Order Form") and accepting this Agreement. You shall promptly update all
registration data to keep it true, accurate, current, and complete. Should Blinkfire Analytics
suspect that any information you provide is not true, accurate, current or complete, Blinkfire
Analytics will notify you, and if the information is not corrected, has the right to suspend or terminate your
use of the Service. In addition, you shall not:
(i) carry out any form of penetration testing on the Site and/or an Application; and (ii) make
any deliberate attempts to cause disruption or harm to the Site and/or an Application.
When you register, Blinkfire Analytics will
ask you to provide a user name and password ("ID") for each of your registered users (each a "User"),
or to connect a social media account from Twitter, Facebook, Instagram, Sina, or Google to act as you ID. User ID’s
may
not be shared or used by more than 1 individual. You will be responsible for all activities that occur
under your ID’s and therefore you should keep them confidential. You agree to notify Blinkfire Analytics
immediately of any known unauthorized use of your ID’s or if you believe that any of your passwords are no
longer confidential. Blinkfire Analytics reserves the right to require you to alter an ID if Blinkfire
Analytics believes that your Account is no longer secure. By creating an Account, you hereby authorize
Blinkfire Analytics to use your account information in accordance with the Privacy Policy for the
purposes of sending periodic mailings to you about Blinkfire Analytics products, services, and news.
3. License; Proprietary Rights
1. Use of the Service. Subject to the terms and conditions of this Agreement, Blinkfire Analytics grants
your Users a limited, nonexclusive, non-transferable, non-sublicenseable and revocable license to access
and use the Service for your internal business purposes only. Sharing the Licensed Material with
non-Users is strictly forbidden, except where an exportable-report can be emailed to other users within
your organization. You must use the Service in a manner consistent with any and all applicable laws
and regulations. You acknowledge and agree that your use of the Service or downloading of Licensed
Material is at your sole risk. Blinkfire Analytics reserves the right to change or discontinue the
Service (or any feature thereof) at any time, with or without notice.
1.a As previously stated, this license allows for exportable reports to be sent to non-Users as allowed
by features within the service. For purposes of clarity, a rights-holder, team, or league may share the
Licenced Material with existing sponsors for reporting purposes. Notwithstanding the forgoing, exported reports and Licensed Material may not be re-branded,
white labeled, or otherwise modified to remove the branding and attribution of Blinkfire Analytics. In
addition, any graphs, charts, or pictures included as screenshots must be attributed to Blinkfire Analytics
as well, hyperlinked to http://www.blinkfire.com or the permalink of the source page if the media so allows.
2. License to Materials. Subject to the terms and conditions of this Agreement, Blinkfire Analytics
grants you a limited, nonexclusive, non-transferable, non-sublicenseable and revocable license to
download and display Licensed Materials solely for your internal business purposes.
3. Restrictions. The rights granted to you in this Agreement are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose
or otherwise commercially exploit the Service or the Licensed Materials or make the Service or the
Licensed Materials available to any third party;
(b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer
any part of the Service or the Licensed Materials;
(c) you shall not access or use the Service to build a similar or competitive product or service or
attempt to access the Service through any unapproved interface;
(d) you will not use any device, software, or routine to damage, interfere or attempt to interfere with
any application, function, or use of the Service;
(e) except as expressly stated herein, no part of the Service or Licensed Materials may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or
by any means;
and (f) any future release, update, or other change to functionality of the Service (if any) shall
be subject to the terms of this Agreement unless Blinkfire Analytics expressly states otherwise.
You shall preserve all copyright and other proprietary rights notices on the Licensed Materials and
all copies thereof.
4. Proprietary Rights. Blinkfire Analytics and its licensors own and retain all proprietary rights
in the Service and the Licensed Materials. The Service and Licensed Materials contain the copyrighted
material, trademarks, and other proprietary information of Blinkfire Analytics and its licensors.
Except as expressly specified in this Agreement, the provision of the Service and the Licensed
Materials does not transfer to you or any third party any rights in or ownership of such intellectual
property, including, without limitation, any intellectual property rights in any Blinkfire Analytics
or third-party content.
4. Data You Provide To Blinkfire Analytics
1. License to Customer Data. In connection with your use of the Service, you may provide us with data
regarding yourself (if you’re a Team, League, or Player) or such entities you represent if you are
an Agent ("Entity Data") in the fields and format we accept – such as Google Analytics and sales data.
By doing so, you hereby grant Blinkfire Analytics a limited, non-exclusive, perpetual, irrevocable,
worldwide, royalty-free right to use the Entity Data solely for the purposes of optimizing, validating,
enhancing, supplementing and improving the Service and Blinkfire Analytics’s related product and
service offerings. You agree not to provide us any Entity Data that you know is false or inaccurate,
or otherwise intended to disrupt or falsely skew our data or the Service, and you acknowledge and agree
that we have no obligation to confirm the validity or otherwise verify the accuracy of the Entity Data.
2. Restrictions. To the extent your Entity Data is not publicly available or available to us from
another source without restriction, we will only use it on an aggregated basis in connection with
our services, and we will not disclose it to any third parties. Except as expressly specified in this Agreement,
your provision of the
Entity Data to us does not transfer to us or any third party any rights in or ownership thereof.
5. Fees; Payments
1. Fees. Your use of the Service is subject to your payment of the applicable subscription fees
("Fees"), as set forth on the Order Form. Actual Fees and availability of all aspects of the
Service are subject to change by Blinkfire Analytics at any time, unless otherwise set forth
on the Order Form. You must provide Blinkfire Analytics with valid credit card information or
other payment information prior to accessing the Service. You agree that Blinkfire Analytics
may charge Fees to your credit card or other payment account for the Service and that you will
pay all applicable Fees assessed to your Account. Our Fees are exclusive of all taxes, levies,
or duties imposed by taxing authorities, and you are responsible for payment of all such taxes,
levies or duties. Furthermore, our fees are exclusive of all wire transfer fees or other bank
charges imposed by your bank, and you are responsible for the payment of all such fees
or charges.
2. Payment. Unless otherwise specified in the Order Form, Fees are due monthly in advance and
are non-refundable.
3. Late Fees. All late payments will be subject to a 3.5% late payment fee, charged monthly, on the open amount
due on your account.
4. Suspension for non-payment. Should your account become more than 60 days in arrears, or you have late payments
more than twice in a calendar year, Blinkfire Analtyics may suspend your account at it's sole descretion. Blinkfire
Analytics is under no obligation to provide retroactive service for the time in which your account is suspended.
5. Reinstatement for a Suspended account. If your account has been suspended, you may reinstate your account by paying
all delinquent payments and late fees, and if you original license term has expired, purchase a new subscription.
You must have an active susbscription to export
your data, and all data for a lapsed or suspended account may be discarded at the descretion of Blinkfire Analytics.
Blinkfire is under no obligation to provide final reports or exports on licenses that have lapsed.
6. Continuity. Should you choose to lapse your subscription to Blinkfire Analtyics, and then restart a subcription at
a later date, you must pay for any access to any data and any processing of that data during the time of the lapsed subscription if
you wish to have access to data from that time period.
7. Compliance Validation. Blinkfire Analytics may perform a traffic audit to licensed data in
your accounts to determine the number of unique users, including browser figerprint and cookie
inspection. If the validation procedure reveals that you have used the Service in a manner
that exceeds the scope in the Order Form, you will pay us for such unlicensed use of the
Service based on the then-current Blinkfire Analytics fee structure.
6. Term
Subject to this Section, this Agreement will remain in full force and effect while you use
the Service and/or maintain an Account. Unless otherwise set forth on the Order Form, you
may terminate your Account at any time, for any reason by sending an email to
info@blinkfire.com. Subject to the Order Form,
Blinkfire Analytics has the right to terminate this Agreement, or suspend or terminate your
access to the Service, for any reason immediately effective upon sending notice to you at
the email address you provide in your Account. Upon termination of this Agreement by either
party, your right to access and use the Service will terminate immediately. You agree that
we will have no liability to you for any costs, losses, damages, or liabilities arising out
of or related to the termination of this Agreement or denial of your access to or use of the
Service. Even after this Agreement is terminated, the following provisions of this Agreement
will remain in effect: Sections 4, 6, 7, 8, 9 and 11.
7. Warranty Disclaimer
To the extent permitted under applicable laws, the Service and Licensed Materials are provided
"As-is" and as available and Blinkfire Analytics expressly disclaims all warranties and
conditions of any kind, whether express or implied, including, but not limited to, the
warranties or conditions of merchantability, fitness for a particular purpose, title,
quiet enjoyment, accuracy, or non-infringement. Blinkfire Analytics does not guarantee
and does not promise any specific results from the use of the Service or Licensed Materials.
Blinkfire Analytics makes no warranty regarding the results, data or License Material
obtained or derived through the use of the Service, nor that the Service will be uninterrupted,
free of viruses or other harmful code, timely, secure, or error-free. You agree that Blinkfire
Analytics is not responsible for the timeliness, deletion, mis-delivery, or failure to store
any communications or personalization or preference settings.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long
an implied warranty may last, so the above limitations may not apply to you.
8. Limitation on Liability
To the extent permitted under applicable laws, Blinkfire Analytics shall not be liable to you,
or any third party, for any lost profits, indirect, consequential, exemplary, incidental,
special or punitive damages arising from or relating to your use of the Service, Site, or
Licensed Material under this Agreement, even if Blinkfire Analytics has been advised of the
possibility of such damages. Notwithstanding anything to the contrary contained herein,
Blinkfire Analytics’s liability to you for any cause whatsoever, and regardless of the form
of the action, will at all times be limited to the greater of (1) an amount equal to the
amounts paid by you to Blinkfire Analytics in the twelve (12) months preceding the claim;
and (2) one hundred U.S. Dollars (US $100). The existence of one or more claims will not serve
to enlarge this limit. You acknowledge and agree that the limitations of Blinkfire Analytics’s
liability are (a) reasonable in light of your ability to use the Service, Site, or Licensed
Material at the fees charged by Blinkfire Analytics, and (b) essential and fundamental parts
of this agreement, which are necessary to induce Blinkfire Analytics to enter into this agreement.
Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation
or exclusion may not apply to you.
9. Indemnity
You agree to indemnify and hold Blinkfire Analytics, its subsidiaries, affiliates, officers, agents,
and other partners and their employees, harmless from any loss, liability, claim, demand, costs,
or expenses, including reasonable attorney's fees, brought by any third party arising out of or
relating to: (a) your use of the Service, Site or Licensed Material, (b) our use of the Artist
Data in accordance with the terms hereof, or (c) your breach of this Agreement.
10. Electronic Communications
The communications between you and Blinkfire Analytics use electronic means, whether you visit
the Site or send us emails, or whether Blinkfire Analytics posts notices on the Service or
communicates with you via email. For contractual purposes, you (a) consent to receive
communications from Blinkfire Analytics in an electronic form; and (b) agree that all terms
and conditions, agreements, notices, disclosures, and other communications that Blinkfire
Analytics provides to you electronically satisfy any legal requirement that such communications
would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable
rights.
11. Assignment
You may not, by operation of law or otherwise, delegate or otherwise transfer your rights or
obligations under this Agreement to any third party without our prior consent, and any attempt
to do so will be void.
12. Other
This Agreement shall be governed by the laws of the State of Illinois without giving effect
to any conflict of laws principles that may provide for the application of the law of another
jurisdiction. You agree and hereby irrevocably consent to the exclusive jurisdiction of the
State and Federal courts with venue in Chicago, Illinois in any action to interpret or enforce
this Agreement, and subject yourself to the jurisdiction (both subject matter and personal)
of each such court and waive to the extent permitted by applicable law: (a) any objection that
you might now or hereafter have to the venue of any such court in any action so instituted
hereunder; and (b) any claim that any action or proceeding brought in any such court has been
brought in an inconvenient forum. This Agreement, the Privacy Policy and the Order Form
constitutes the entire agreement between you and Blinkfire Analytics regarding the use of the
Service, Site and Licensed Material. If any provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force and effect. Notwithstanding any other
provisions herein, the parties agree that no person or entity (including any other member)
shall be deemed a third-party beneficiary of this Agreement. If any provision of this Agreement
is found to be invalid or unenforceable, such provision will be changed and interpreted to
accomplish the objectives to the greatest extent possible under any applicable law and the
remaining provisions will continue in full force and effect. The failure of Blinkfire Analytics
to exercise or enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are for convenience only and
have no legal or contractual effect. Please contact us with any questions regarding this
Agreement at info@blinkfire.com.
13. Copyright/Trademark Information
Copyright 2012-2014, Blinkfire Analytics Inc. All rights reserved. The trademarks, logos and
service marks ("Marks") displayed on the Service are our property or may be the property of
third parties. Certain uses of Marks require the permission of the owner. If you are interested
in using our Marks for any purpose, please contact
info@blinkfire.com to determine whether such a use
requires authorization.
Contact
If you have any questions please contact info@blinkfire.com.
Privacy Policy
Introduction
This privacy policy sets out how Blinkfire Analytics uses and protects any information that you give Blinkfire
Analytics when you use this website. Blinkfire Analytics is committed to ensuring that your privacy is protected.
Should we ask you to provide certain information by which you can be identified when using this website, then you
can be assured that it will only be used in accordance with this privacy statement. Blinkfire Analytics may change
this policy from time to time by updating this page. You should check this page from time to time to ensure that you
are happy with any changes. This policy is effective from May 25, 2018.
What We Collect
We may ask you to enter the following information voluntarily:
- Contact information including email address and phone number.
- Demographic information such as postal code, age, gender, preferences and interests.
- Other information relevant to customer segmentation (fan, agent, team representative, brand
representative).
- Logos, colors and contact information for your company.
- Login credentials for third-party websites.
- Insertion order activity for inventory valuation
Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used
by this Application serves the purpose of providing the Service required by the User, in addition to any other
purposes described in the present document and in the Cookie Policy, if available.
Users are responsible for any third-party Personal Data obtained, published or shared through this Application and
confirm that they have the third party's consent to provide the Data to Blinkfire Analytics.
What We Do With The Information We Collect
We require this information to understand your needs and provide you with a better service,
and in particular for the following reasons:
- We may use the information to customize the website according to your interests.
- To improve our products and services.
- We may periodically send promotional email about new products, special offers or other
information which we think you may find interesting using the email address which you have
provided.
- Internal record keeping
Mode and place of processing the Data
Methods of processing
Blinkfire Analytics takes appropriate security measures to prevent unauthorized access, disclosure, modification, or
unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and
modes strictly related to the purposes indicated. In addition to Blinkfire Analytics, in some cases, the Data may be
accessible to certain types of persons in charge, involved with the operation of this Application (administration,
sales, marketing, legal, system administration) or external parties (such as third-party technical service
providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data
Processors by Blinkfire Analytics. The updated list of these parties may be requested from Blinkfire Analytics at
any time.
Legal basis of processing
Blinkfire Analytics may process Personal Data relating to Users if one of the following applies:
- Users have given their consent for one or more specific purposes. Note: Under some legislations Blinkfire
Analytics may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without
having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the
processing of Personal Data is subject to European data protection law;
- provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual
obligations thereof;
- processing is necessary for compliance with a legal obligation to which Blinkfire Analytics is subject;
- processing is related to a task that is carried out in the public interest or in the exercise of official
authority vested in Blinkfire Analytics;
- processing is necessary for the purposes of the legitimate interests pursued by Blinkfire Analytics or by a
third party.
In any case, Blinkfire Analytics will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Place
The Data is processed at Blinkfire Analytics's operating offices and in any other places where the parties involved
in the processing are located.
Depending on the User's location, data transfers may involve transferring the User's Data to a country other than
their own. To find out more about the place of processing of such transferred Data, Users can check the section
containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or
to any international organization governed by public international law or set up by two or more countries, such as
the UN, and about the security measures taken by Blinkfire Analytics to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or
inquire with Blinkfire Analytics using the information provided in the contact section.
Retention time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
Therefore:
- Personal Data collected for purposes related to the performance of a contract between Blinkfire Analytics and
the User shall be retained until such contract has been fully performed.
- Personal Data collected for the purposes of Blinkfire Analytics’s legitimate interests shall be retained as long
as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests
pursued by Blinkfire Analytics within the relevant sections of this document or by contacting Blinkfire
Analytics.
Blinkfire Analytics may be allowed to retain Personal Data for a longer period whenever the User has given consent to
such processing, as long as such consent is not withdrawn. Furthermore, Blinkfire Analytics may be obliged to retain
Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order
of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to
erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the
retention period.
The purposes of processing
The Data concerning the User is collected to allow Blinkfire Analytics to provide its Services, as well as for the
following purposes: Contacting the User, Data transfer outside the EU and Analytics.
Users can find further detailed information about such purposes of processing and about the specific Personal Data
used for each purpose in the respective sections of this document.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
Analytics
The services contained in this section enable Blinkfire Analytics to monitor and analyze web traffic and can be used
to keep track of User behavior.
Google Analytics (Google, Inc.)
- Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data
collected to track and examine the use of this Application, to prepare reports on its activities and share them
with other Google services.
- Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
- Personal Data collected: Cookies and Usage Data.
- Place of processing: United States – Privacy
Policy – Opt Out. Privacy Shield participant.
Contacting the User
Contact form (thid Application)
- By filling in the contact form with their Data, the User authorizes this Application to use these details to
reply to requests for information, quotes or any other kind of request as indicated by the form’s header.
- Personal Data collected: email address.
INTERNATIONAL TRANSFERS OF INFORMATION
Our servers and offices are located in the United States, so your information may be transferred to, stored, or
processed in the United States. While the data protection, privacy, and other laws of the United States might not be
as comprehensive as those in your country, we take many steps to protect your privacy
Information, including information collected in the European Economic Area ("EEA") may be transferred, stored and
processed by us and our services providers in the United States and other countries whose data protection laws may
be different than the laws of your country. We will protect your Personal Data in accordance with this Privacy
Policy wherever it is processed and take appropriate steps to protect the information in accordance with applicable
laws.
If you live in the EU, or a similar international area, you may have additional privacy rights available to you under
applicable laws. We will process your requests in accordance with applicable data protection laws. If you would like
to exercise any of the below rights, please contact privacy@blinkfire.com so that we may consider your request in
accordance with applicable law:
Controlling Your Personal Information
The Rights of Users
Users may exercise certain rights regarding their Data processed by Blinkfire Analytics.
In particular, Users have the right to do the following:
- Right not to provide or withdraw consent: You have the right not to provide or withdraw your consent at any
time.
- Right of access: You may have the right to access the Personal Data that you provided us.
- Right of erasure: You may have the right to the erasure of Personal Data that we hold about you.
- Right to object to processing: You may have the right to request that we stop processing your Personal Data
and/or to stop sending you marketing communications.
- Right to rectification: You may have the right to require us to correct any of your Personal Data.
Links to External Web Sources
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used
these links to leave our site, you should note that we do not have any control over that other website. Therefore,
we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such
sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy
statement applicable to the website in question.
Contact information:
Blinkfire Analytics, Inc
privacy@blinkfire.com
