radient Descent Group

divider

Terms of use

Gradient Descent Group and its affiliates (“GDG” or “we”) provides its content on its websites or applications that post a link to this Terms of Use (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms without prior notice, so please check back from time to time. These Terms were last updated on June 6, 2024. By accessing and using this Site, you agree to these Terms. For an explanation of GDG’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.

1. Copyrights

All content and functionality on the Site, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of GDG or its licensors and, to the extent applicable, is protected by U.S. and international copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 3 – Use of site content. All rights not expressly granted are reserved.

2. Trademarks

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of GDG and its licensors. You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or by our licensors, where applicable, you will not refer to or attribute any information to GDG or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, GDG or its licensors.

3. Use of site content

GDG hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without GDG’s prior written consent. In addition, you may not “mirror” the Site Content or any portion thereof without GDG’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any GDG intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.

4. User postings

You acknowledge and agree that GDG shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, forums or message boards, questionnaire, survey responses, and otherwise, and you acknowledge and agree that, by providing us any such submission, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, you hereby waive any claims against GDG for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with GDG’s use and publication of such submissions.

You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violates these Terms.

GDG does not represent or endorse the accuracy of reliability of information posted to the Site by users. In addition, GDG does not and cannot review all information posted to the Site by users and is not responsible for such information. However, GDG reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

5. Notices of infringement and takedown by GDG

GDG prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please contact GDG giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. GDG will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

6. Disclaimers

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT GDG IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU, NO SITE CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING OR OTHER REGULATED ADVICE, AND THAT YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL SITE CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE CONTENT SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GDG AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. GDG SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER GDG NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

7. Indemnification

You hereby indemnify, defend, and hold harmless GDG and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (“GDG Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by GDG and/or GDG Indemnified Parties in connection to any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Term. GDG reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.

8. Third-party websites & Providers

We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied, supported, or provided directly or indirectly by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. GDG has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.

9. Governing law; jurisdiction

These Terms are governed by the laws of the State of Delaware without reference to the principles of conflicts of laws thereof.

radient Descent Group

divider

Privacy policy

This privacy notice was last reviewed or revised on June 6, 2024.

We, Gradient Descent Group, and its subsidiaries and affiliates (collectively, “GDG,” “us,” or “we”) understand that your privacy is important to you. We are committed to respecting your privacy and protecting your personal data. This privacy notice describes how we handle and protect your personal data (the “Privacy Notice”) when we collect it through GDG’s websites, applications, and digital assets (collectively, our “Sites”) and through our externally facing business activities, such as service offerings, events, surveys, and communications, when we interact with you and collect data from you for use by and on behalf of GDG (i.e., when GDG is acting as a data controller or similar term under applicable privacy law).

If you are a California resident, please see our specific privacy information for you below.

You are not required to share your personal data with us, but failing to do so may result in GDG being unable to properly provide you with our full range of services or a good user experience with our solutions, websites services or newsletters.

Please see our terms of use for more information about other terms and policies applicable to the use of our Sites.

1. How do we collect your personal data?

GDG collects personal data in the course of our business activities directly from you and from third parties:

GDG collects personal data about you in the course of our routine business activities:
- When you interact with our Sites, including when you manage your cookie preferences
- When you use GDG Insights and any other GDG mobile apps
- When you create or log into a user profile in our Sites;
- When you register to receive GDG newsletters and alerts and when you interact with those newsletters and alerts;
- When you sign up for and participate in GDG conferences and events;
- When you participate in public content posting areas, such as bulletin boards, discussion forums, and GDG social media sites;
- When you participate in a survey, panel discussion, or individual discussion conducted by GDG; or
- When you interact with GDG or its employees on its Sites, by email, or telephone, to ask a question, request information, or otherwise seek a response from GDG.
GDG may also receive personal data about you from third parties, including service providers and data vendors in the course of our business activities. When we collect personal information from third parties, the data consists primarily of publicly available personal information compiled from business websites, public-facing social media platforms, and other widely used public sources. We also acquire deidentified datasets from certain service providers that we maintain in deidentified form. In each instance, we do our best to confirm that the third party has lawfully collected the data from appropriate sources and is authorized to share the data with GDG for the uses intended by GDG in accordance with section two below.

Sensitive personal data – We may also collect sensitive personal data directly from you, for instance when you respond to a survey or panel discussion conducted by GDG and provide us with demographic or other personal data or when you provide information to permit us to accommodate your specific request at a conference or event. We use sensitive personal data only with your consent unless another legal basis exists. When we collect and use sensitive personal data for research, data analysis, and statistical purposes, we use it to produce reports and publications based on deidentified datasets.

We may combine personal data that we receive directly from you with personal data that we receive from third parties, to the extent that all such collection and use of personal data and sensitive personal data is consistent with this Privacy Notice and with the purposes and data access as described in section two below.

2. Why and how are we using your personal data?

GDG uses your personal data for different purposes and may combine data from multiple sources in order to manage our business relationship with you, including receiving information regarding our services and solutions, including proposals, invoices, etc., access to newsletters, alerts, unlimited articles download and personalized content, to participate in conferences, events, surveys, discussion forums for research or other business-related purposes, and to comply with all applicable regulations, exercise legal actions and legal defense at courts, prevent fraud, and enforce GDG’s agreements, this Privacy Notice, and our terms of use, as well as complying with corporate reporting obligations.

Whenever the legal ground is our legitimate interest, GDG only processes your personal data after assessing the adequacy, proportionality, and legitimacy of the data-processing activity.

If consent as a legal basis for processing has been relied upon and you have withdrawn it, we may not be able to properly provide you with our full range of services and a good user experience.

GDG does not use automated decision making to make decisions that have legal impact on you or that significantly affect your rights and liberties. All automated processing activities are conducted with appropriate human supervision and review.

GDG may use first- and third-party cookies and other tracking technologies, including web beacons, to manage our Sites and services, and to collect analytics about how you use them. GDG may collect information about whether you open or click any links in the knowledge, research, or event communications that we send you.

You have options regarding our use of cookies and other tracking technologies. In addition, we may use tools and applications that reduce security threats and reduce the risk of access by bots and automated devices, but we do not use those tools and applications for non-security purposes.

3. What do we not do when we collect and process your personal data?

We do not acquire, use, or allow others to use deidentified data with the intent of identifying or reidentifying individuals. When we receive deidentified data or transform personal data that we have collected into deidentified data, we make the following commitments:

GDG will maintain deidentified data in deidentified form.
Except to the extent necessary to confirm that personal data has been transformed into deidentified data, GDG will not attempt to identify or reidentify specific individuals within a deidentified dataset or otherwise use deidentified data to attempt to associate specific individuals with individual characteristics and will not permit any entity or individual acting on GDG’s behalf to do so.
To the extent, if any, that GDG provides access to or otherwise discloses a deidentified dataset to a non-GDG recipient, for example, a service provider or a client, it will require each such recipient to agree to maintain the deidentified data in its deidentified form and not attempt, or permit others to attempt, to identify or reidentify specific individuals within the deidentified dataset or otherwise use deidentified data to attempt to associate specific individuals with individual characteristics.

California residents: We do not share or sell your personal data as those terms are defined in California Civil Code § 1798.140.

4. Who has access to your personal data? Data recipients and international data transfers

Personal data collected in the course of GDG business activities may be transferred and made available to GDG entities, service providers, and third parties as necessary to accomplish the specific business purposes for which the personal data were collected and to support our interactions with you, and otherwise as required to comply with applicable law. The GDG entity that collects your personal data may provide access to and transfer your data to the following categories of data recipients, for the business purposes described in section two, above:

To GDG’s subsidiaries and affiliates and personnel across our global organization;
To GDG’s service providers and personnel;
To GDG’s legal and professional advisors;
To third parties in the following circumstances;
- If we are required to do so by law or legal process;
- To law enforcement authorities or other government officials pursuant to lawful request;
- When we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity;
- If disclosure is necessary to protect the vital interests of a person;
- To protect our property, services, and legal rights;
- To prevent fraud against GDG, our subsidiaries, affiliates and/or business partners;
- To aid in GDG’s investigation of an actual or suspected security incident, such as a breach involving confidential information or personal information or a violation of GDG policy;
- To support auditing, compliance, and corporate governance functions;
- To comply with any and all applicable laws.
To a successor or different business entity in the event of a reorganization, merger, sale, joint venture, assignment, or other transfer or disposition of all or any portion of our business.

To protect personal data that is transferred internationally, GDG complies with all applicable data transfer laws, including incorporating required data transfer terms into our agreements with GDG affiliates, subsidiaries, service providers, and third parties.

5. How long do we keep your personal data?

GDG keeps your personal data only as long as necessary to accomplish the business purposes for which it was collected to meet our legal or contractual obligations and in compliance with GDG’s data-retention policy. We will securely delete your personal data promptly after the purposes described above cease to apply in accordance with the prevailing market practice for such destruction.

If you request that we delete your personal data, GDG will comply with applicable law and will make reasonable attempts to delete all instances of the personal data, subject to our right to keep a copy of such data for the purposes mentioned above.

6. Data collection from children

GDG does not intentionally use its Sites and business content to collect or maintain personal data from individuals under the age of 16. To the extent that any of our non-site business activities may involve collecting or maintaining personal data from or about individuals under the age of 16, we would do so only with the required legal consent from the parent, guardian, or individual and in accordance with applicable law.

7. What are your data protection rights, and how can you exercise them?

Subject to applicable law, including exceptions, you have the following rights with regard to the personal data that we collect about you:

Right to request information about the personal data that we hold about you, including information about how we use your personal data, who has access to it, and the terms under which third parties have access to your personal data;
Right to request a copy of the personal data that we hold about you;
Right to request portability of your data to permit you to provide a copy of your personal data in a structured, commonly used, and machine-readable format and to transmit that personal data to another controller;
Right to request that we correct or otherwise amend your personal data if it is not correct or otherwise not complete, timely, and accurate for the purposes for which we are using it;
Right to request deletion of your personal data;
Right to request that we cease processing or restrict or limit the processing of your personal data;
Right to withdraw your consent to our processing of your personal data where the basis of our processing is your consent;
Right to not be discriminated against for exercising your individual rights regarding your personal data;
Right to request review by GDG, of our response to your request to exercise your individual data protection rights; and
Right to seek additional legal remedies regarding our response to your request to exercise your individual data-protection rights, depending upon your jurisdiction, by lodging a complaint with your data-protection authority or initiating a legal proceeding

Please note that applicable laws include exceptions to assertions of data protection rights that may prevent us from providing access to your personal data or otherwise fully complying with your request. If we believe exceptions apply, we will respond to your request to the extent we are able to do so, and we will provide an explanation of the basis for not complying wholly or partially with your request.