DataKnowl Terms of Service
Last modified: May 23, 2018
Welcome to DataKnowl!
Please read these Terms of Service (the "Agreement") carefully before
using dataknowl.com (the "Site") and/or the other domains, products,
services, and/or content (all of those collectively with the Site,
The Services are provided by Complexity Intelligence Italia s.r.l.
("Complexity Intelligence"), located at Viale Luca Gaurico 9/11,
00143 Roma, Italy.
By using or accessing the Services, you ("Subscriber" or "you") agree
to become bound by all the terms and conditions of this Agreement.
If you do not agree to all the terms and conditions of this Agreement,
you shouldn't and aren't permitted to use the Services.
Our Services are very diverse, so sometimes additional terms or product
requirements may apply. Additional terms will be available with the
relevant Services, and those additional terms become part of your
Agreement with us if you use those Services.
Modifications to this Agreement
Complexity Intelligence reserves the right, in its sole discretion, to
modify this Agreement at any time by posting a revised Agreement through
the Services and by providing notice to you that this Agreement has
changed, generally via e-mail where practicable, and otherwise through
the Services (such as through a notification in your DataKnowl
Dashboard). You are responsible for reviewing and becoming familiar
with any modifications to this Agreement. Modifications are effective
when posted, and your use of the Services following any such posted
modification and notice of same constitutes your acceptance of the
terms and conditions of this Agreement as modified.
Subject to Your acceptance of and compliance with this Agreement and
with the payment requirements for the Services, Complexity Intelligence
hereby grants You a revocable, limited, non-exclusive, non-transferable,
non-sublicenseable right and license, in and under our intellectual
property rights, to access and use the Services. Your license of, use
of and access to the Service is conditioned upon Your compliance with
the terms and conditions of the Agreement. All rights not expressly
granted to You are reserved by Complexity Intelligence and its licensors.
You acknowledge that we may change, deprecate or republish APIs for any
Service or feature of a Service from time to time, and that it is Your
responsibility to ensure that calls or requests You make to or via our
Service are compatible with then-current APIs for the Service.
You shall not (i) license, sublicense, sell, resell, transfer, assign,
distribute or otherwise commercially exploit or make available to any
third party the Service in any way; (ii) modify or make derivative works
based upon the Service; or (iii) reverse engineer or access the Service
in order to (a) build a competitive product or service, (b) build a
product using similar ideas, features, functions or graphics of the
Service, or (c) copy any ideas, features, functions or graphics of the
Service. You may use the Service only for Your internal business
purposes and shall not: (i) interfere with or disrupt the integrity or
performance of the Service or the data contained therein; or (ii)
attempt to gain unauthorized access to the Service or its related
systems or networks.
You are personally responsible for all traffic originating from Your
Applications using Your account credentials to the Services. As such,
You should protect Your authentication keys and security credentials.
Actions taken using Your credentials shall be deemed to be actions
taken by You, with all consequences including service termination,
civil and criminal penalties.
Provided that You comply with the terms of this Agreement and our
policies and procedures including the Acceptable Use Policy, You may
use the Services to execute Applications owned or lawfully obtained by
You. You are solely responsible for Your Applications, including any
data, text, images or content contained therein.
In addition to our rights to terminate or suspend Services to You, You
acknowledge that: (1) Your access to and use of the Services may be
suspended for the duration of any unanticipated or unscheduled downtime
or unavailability of any portion or all of the Services for any reason
(2) Complexity Intelligence does not guarantee the Service will be
operable at all times or during any down time caused by outages to
any public Internet backbones, networks or servers, (3) caused by any
failures of Your equipment, systems or local access services, (4)
relating to events beyond Complexity Intelligence's control such as
strikes, riots, insurrection, fires, floods, explosions, war,
governmental action, labor conditions, earthquakes, natural disasters,
or interruptions in Internet services to an area where
Complexity Intelligence or Complexity Intelligence servers are
located or co-located.
Complexity Intelligence does not guarantee the Service will be operable
at all times or during the event of a denial of service attack or other
attack on the Service or other event that we determine, in our sole
discretion, may create a risk to the applicable Service, to You or to
any of our other customers if the Service were not suspended; or in the
event that we determine that any Service is prohibited by law or we
otherwise determine that it is necessary or prudent to do so for legal
or regulatory reasons. Without limitation, we shall have no liability
whatsoever for any damage, liabilities, losses (including any loss of
data or profits) or any other consequences that You may incur as a
result of any Service Suspension.
We strive to keep information you provide to us secure, but cannot
guarantee that we will be successful at doing so. You acknowledge that
You bear sole responsibility for adequate security, protection and
backup of Your contents associated with Your account.
Terms and Termination
The term ("Term") of this Agreement will commence once You accept this
Agreement as provided above. The Agreement will remain in effect until
terminated by You or us in accordance with this Section.
You may terminate this Agreement for any reason or no reason at all, at
Your convenience, by closing Your account for any Service for which we
provide an account closing mechanism.
We may suspend Your right and license to use any or all Services or
terminate this Agreement in its entirety (and, accordingly, cease
providing all Services to You), for any reason or for no reason, at our
discretion at any time.
We may suspend Your right and license to use the Service or terminate
this Agreement in its entirety (and, accordingly, Your right to use the
Service), for cause effective as set forth below:
(i) You violate any provision of the Acceptable Use Policy or we have
reason to believe that You have violated the Acceptable Use Policy,
(ii) there is an unusual spike or increase in Your use of the Services
for which there is reason to believe such traffic or use is fraudulent
or negatively impacting the operating capability of the Service; (iii)
we determine, in our sole discretion, that our provision of any of the
Services to You is prohibited by applicable law, or has become
impractical or unfeasible for any legal or regulatory reason; or (iv)
subject to applicable law, upon Your liquidation, commencement of
dissolution proceedings, disposal of Your assets, failure to continue
Your business, assignment for the benefit of creditors, or if You become
the subject of a voluntary or involuntary bankruptcy or similar
Immediately and without notice if You are in default of any payment
obligation with respect to any of the Services or if any payment
mechanism You have provided to us is invalid or charges are refused
for such payment mechanism.
Effect of Suspension or Termination
You will not be entitled to any refunds of any usage fees or any other
fees. Upon our suspension of Your use of any Services, in whole or in
part, for any reason:
(i) fees will continue to accrue for any Services that are still in
use by You, notwithstanding the suspension; (ii) You remain liable for
all fees, charges and any other obligations You have incurred through
the date of suspension with respect to the Services; and (iii) all of
Your rights with respect to the Services shall be terminated during the
period of the suspension.
If You have subscribed our Services, then You agree to pay applicable
fees. We may increase or add new fees for any existing Service or Service
feature by giving You 7 days' advance notice.
Copyright and Intellectual Property
All Complexity Intelligence Site materials, including, without
limitation, text, graphics and other files, and the arrangement thereof,
are copyrighted and Complexity Intelligence reserves all rights
associated with such copyrights.
The names, trademarks, service marks and logos appearing on this Site
may not be used in any advertising or publicity without prior express
You may electronically copy and print to hard copy any portion of this
Site for the sole purpose of using the Materials it contains for
non-commercial use. Any other use of the Materials on this web Site,
including any commercial use, reproduction for purposes other than
described above, modification, distribution, republication or display,
without the express written permission of Complexity Intelligence is
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPLEXITY INTELLIGENCE WILL
NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPLEXITY
INTELLIGENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
COMPLEXITY INTELLIGENCE MARKS AND PROPERTIES THE SERVICES AND ALL
TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER
DATA OR INFORMATION PROVIDED BY US OR OUR LICENSORS IN CONNECTION
THEREWITH (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS."
WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE
SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW,
WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET
ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING
OR USAGE OF TRADE. WE AND OUR LICENSORS DO NOT WARRANT THAT THE
SERVICE OFFERINGS WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR
ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE
WITHIN THE SERVICE OFFERINGS WILL BE SECURE OR NOT OTHERWISE LOST OR
DAMAGED. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE
INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM
FAILURES OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY
YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Complexity Intelligence shall own all right, title and interest,
including all related intellectual property rights, in and to the
Complexity Intelligence and the Service and any suggestions, ideas,
enhancement requests, feedback, recommendations or other information
provided by You or any other party relating to the Service.
These Terms of Service supersede any prior agreements between you and
By using the Services, You agree that the laws of the State of
California, without regard to principles of conflicts of laws, will
govern this Agreement and any dispute of any sort that might arise
between You and Complexity Intelligence.
If you have any questions, or want to request permission to use
Complexity Intelligence materials, please contact
Complexity Intelligence Italia srl, Viale Luca Gaurico 9/11,
00143 Roma, Italy. All contacts must be in writing.
DATA PROCESSING AGREEMENT
This Agreement is drawn up in compliance with the art. 28 of European Regulation (EU)
2016/679 of 27 April 2016, concerning the protection of natural persons with regard
to the processing of personal data, and on the free movement of such data.
a) Complexity Intelligence LLC, with reference to the services subscribed by the Customer
and made available through DataKnowl platform (hereinafter "Services"), may process
personal data held by the Customer (hereinafter also "Data Controller" or "Controller").
b) The term "processing" means “ ... any operation or set of operations which is performed
on personal data or on sets of personal data, whether or not by automated means,
such as collection, recording, organisation, structuring, storage, adaptation or
alteration, retrieval, consultation, use, disclosure by transmission, dissemination
or otherwise making available,
alignment or combination, restriction, erasure or destruction.” as reported in the
art.4 of the European Regulation 2016/679.
c) The data, the information, the attachments and, in general, all the content that
the Data Controller (or the persons authorised by the latter) decides to enter into
the DataKnowl platform or, in general, into the Services provided by Complexity Intelligence
LLC are owned of the Controller himself. In the case of the entry of special and sensitive
personal data, it is the accountability of the Controller to demonstrate that he has
acquired the explicit consent to their processing.
d) The Data Controller determines the purposes and means of the processing of the
e) The Data Controller may have recourse to a natural or legal person, public authority,
agency or other body as a Data Processor provided that the latter provides sufficient
guarantees to implement appropriate technical and organisational measures in such
a manner that processing will meet the requirements of the GDPR Regulation and ensure
the protection of the rights of the data subject.
f) The Data Processor must process personal data only on documented instructions from
the Data Controller; the processing is governed by this agreement or by any subsequent
g) The Data Controller allows the Data Processor and the persons authorised by the
latter to access only personal data whose knowledge is necessary for the performance
of their duties.
ALL OF THIS PREMISED,
1) The Customer, as Data Controller, in the person of its legal representative, designates
Complexity Intelligence LLC as Data Processor of personal data (hereinafter also "Data
Processor" or simply "Processor") exclusively in relation to the processing of personal
data carried out for the provision of the Services subscribed by the Controller.
2) The processing of personal data will be carried out for the sole purpose of guaranteeing
the full execution of the Services provided by the Data Processor. Any requests by
the Controller to extend the processing operations to activities that are not compatible
with the nature of the Services offered by the Processor are excluded.
3) The Data Processor, pursuant to this agreement, and taking into account the state
of the art, the costs of implementation and the nature, scope, context and purposes
as well as the risk of varying likelihood and severity for the rights and freedoms
of natural persons, shall implement appropriate technical and organisational measures
a level of security appropriate to the risk. Inter alia, the Data Processor undertakes
a. Adopt preventive security measures to eliminate or minimize any risk of accidental
or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to
personal data transmitted, stored or otherwise processed.
b. Process the data exclusively for the purposes related to the performance of the
activity covered by the contract signed by the Data Controller and necessary for the
correct execution of the Services. The Processor, therefore, does not perform any
other type of processing that is not relevant to the purpose of the Services offered.
c. Ensure the confidentiality of information, documents and, in general, of all
the material that comes to its knowledge during the execution of the contract for
the provision of the Services.
d. Keep the data for no longer than is necessary for the execution of the Services
subscribed by the Data Controller and in any case no later than the terms of the law
or the period indicated by the Data Controller.
e. makes available to the Controller all information necessary to demonstrate compliance
with the GDPR obligations.
4) In relation to the technical and organisational measures to be taken to guarantee
an adequate level of security, the Processor undertakes to implement, as appropriate:
a. The pseudonymisation and encryption of personal data;
b. The ability to ensure the ongoing confidentiality, integrity, availability and
resilience of processing systems and services;
c. The ability to restore the availability and access to personal data in a timely
manner in the event of a physical or technical incident.
For a complete and updated view of the security measures adopted, the Data Processor
provides a specific section on the DataKnowl website (https://www.dataknowl.com).
5) The Processor commits that it has implemented the procedure to control and identify
unauthorised or illegal access or use of personal data. This includes regular testing,
assessing and evaluating the effectiveness of technical and organisational measures
for ensuring the security of the processing on an ongoing basis.
6) In the case of a personal data breach, the Processor, after having become aware
of it, shall notify the Controller, without undue delay. The Processor proceeds to
send the notification of data breach following the procedures established by current
legislation, collaborating closely with the Data Controller and with the competent
Supervisory Authorities. The notification shall at least:
a) describe the nature of the personal data breach including where possible, the
categories and approximate number of data subjects concerned and the categories and
approximate number of personal data records concerned;
b) communicate the name and contact details of the data protection officer or other
contact point where more information can be obtained;
c) describe the likely consequences of the personal data breach;
d) describe the measures taken or proposed to be taken by the controller to address
the personal data breach, including, where appropriate, measures
to mitigate its possible adverse effects.
7) The Processor should assist the Controller, where necessary and upon request, in
ensuring compliance with the obligations deriving from the carrying out of data protection
8) In relation to organisational measures, the Data Processor proceeds to:
a. Identify, within his company structure; the persons authorised to process personal
b. provide authorised persons with written instructions regarding the operations
to be carried out in order for data to be processed in accordance with the law;
c. monitor the correct observance of the instructions given;
d. monitor that the access to the data is allowed only to authorised persons or
to authorised automatic systems for purposes related to the provision of the Services.
At the level of electronic processing, access to data is:
i. limited to the minimum required for the purpose of providing the Services;
ii. personal, regulated by password;
iv. subject to periodic verification
based on the principle of separation of tasks. It is also applied the time-out of
inactive sessions and the blocking of accounts after multiple attempts to access.
At the level of paper processing, the Processor undertakes to verify that the persons
authorised to process data keep paper documents, containing personal data, in containers
and premises equipped with security and monitoring systems.
e. ensures that persons authorised to process the personal data have committed themselves
to confidentiality or are under an appropriate statutory obligation of confidentiality.
f. train their employees on security and data protection.
9) With this Agreement, the Controller confers general written authorisation to the
Data Processor to be able to use any other data processors ("sub-processors") for
the esecution of specific activities of the Services. These sub-processors are selected
from subjects who, due to their skills, experience and reliability, provide sufficient
guarantees to implement appropriate technical and organizational measures in such
a manner that processing will meet the requirements of GDPR Regulation. The same data
protection obligations as set out in the contract or other legal act between the Controller
and the Processor are be imposed on that other processor by way of a contract or other
legal act under Union or Member State law. Where a sub-processor fails to fulfil
its data protection obligations,
The Processor remains fully liable to the Controller for the performance of that
other sub-processor's obligations.
10) The Data Controller accepts that the Data Manager may use sub-managers established
in third countries outside the European Union for which the European Commission has
issued an opinion of adequacy and which ensures an adequate level of protection. In
the case of data transfer from the European Union to the United States of America,
the Controller may rely on the certification "EU-U.S. Privacy Shield Framework ".
11) In relation to the monitoring of the application of the current legislation on
data protection, the Data Processor:
a. Makes available to the Controller, on simply request, all information necessary
to demonstrate compliance with the GDPR Regulation;
b. Promptly notify the Data Controller if receives requests from data subjects,
inspections by the Supervisory Authority or the Judicial Authority regarding the data
processing. In the case of data subjects’ requests, the Processor will promptly notify
the Controller in writing allowing them:
i. Provide the data subject, where applicable, with personal data concerning
him or her, in a structured, commonly used and machine-readable format.
ii. Guarantee the data subject, where applicable, the right to erasure and restriction
12) On termination, for any reason, of the contract signed by the parties for the
provision of the Services or, at an earlier time, at the choice of the Controller,
the Processor must:
a. Return all the personal data to the Controller; or
b. Delete all the personal data, and delete existing copies unless European Union
or Member State law requires storage of the personal data.
13) The Data Processor assignment will be valid for the time necessary for the provision
of the Services signed by the Data Controller. If, for any reason whatsoever, the
relationship between the Controller and the Processor is no longer valid, or if the
Services are no longer provided, this contract will immediately cease to exist without
the need for communication and revocation and the Data Processor will automatically
terminate the processing of the data on behalf of the Data Controller.
This Agreement intends to cancel and replace any other contract or part of the contract
between the Data Controller and the Data Processor regarding the processing of personal