(Last updated on March 15, 2017)
Thank You For Enabling And Using Analyttica Treasurehunt® (“ATH”).
Any version of these documents in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
What Information We Collect:
We gather two types of information about users through the Site:
Non-Personal Information: When users come to our Site, we may track, collect and aggregate Non-Personal Information indicating, among other things, which pages of our Site were visited, the order in which they were visited, when they were visited, and which hyperlinks were “clicked.” We also collect information from the URLs from which you linked to our Site. Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Site. This information may include without limitation: (a) technical information about your computer or Wireless Device, such as Your IP address, device type, operating system type and version, unique device ID, browser, browser language, domain and other systems information, platform types (collectively, “Technical Information”); and (b) usage statistics about your interaction with the Services, including Content accessed, time spent on pages or the Services, pages and/or sections visited, search queries, click data, portions of the Services used, date and time, and other information regarding your use of the Services (collectively, “Usage Data”), including screen recordings, etc.
This Technical Information and Usage Data, which may be linked to your information, is collected using server log files and tracking technologies, including: (i) cookies, which are small files that websites send to your computer or Wireless Device to uniquely identify Your browser or mobile device or to store information in your browser setting; and (ii) web beacons, which are small objects that allow us to measure the actions of visitors using the Services.
Cookies and web beacons allow Analyttica to serve you better and more efficiently, and to personalize your experience at our Site. Cookies and web beacons are not used to retain Personally Identifiable Information. From time to time we may also use additional typical methods of collecting data.
You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookies, many functions and conveniences of this Site may not work properly.
Geolocation Information: IP addresses received from Your browser or device may be used to determine Your approximate location, such as the city, state and/or country associated with an IP address.
Cookies and Data Collection Tools:
We may also employ web beacons or other technology for a variety of reasons such as: (i) allowing us to know if a certain page was visited or whether an e-mail was opened; (ii) allowing us to advertise more efficiently by excluding our current Users from certain promotional messages or identifying the source of a new installation.
Analyttica may use the following types of cookies:
Preferences: We may use preferences cookies to remember information about your browser and how you prefer to use our Service, i.e. to remember your preferred settings that affect the experience of how our Services look to you or behave when you access and/or use them, such as your preferred language. Preference cookies make your experience of interacting with our Services more functional and customized to suit your preferences.
Security: We may use security cookies to enable you to log-in and access our Service, to protect your Account against fraudulent log-ins by others, and help detect, fight, and protect against abuse or unauthorised usage of your Account.
Functional: We may use functional cookies to make the experience of using our Services better, like remembering the volume at which you like your videos to play..
Session State: We may use session cookies to collect information about how you interact with our Services, to help us improve our Services, as well as improve your browsing experience. We may also use session cookies to remember your log-in details and to be able to process your purchases of Content. These are deemed strictly necessary to the working of the Services. If these are disabled, then various functionalities of our Services will be broken.
Third parties with whom we partner to provide certain features on our site may use Local Storage Objects, also known as Flash Cookies (LSOs) to collect and store information. Various browsers may offer their own management tools for removing LSOs.
We may use third-party browser and mobile analytics services on our Service, including but not limited to Google Analytics, Full Contact, Full Story, Hotjar, and Intercom. These service providers use the sort of technology described above to help us analyse how users use the Services, including by noting the third-party website from which you arrive, how often you use the Services, the events that occur within the Service, usage data, performance data, and where the application was downloaded from. You can opt out of some of these services by going to the third-party Services.
The information collected will be disclosed to or collected directly by these service providers, and we use this information to improve the Services, to better understand the functionality of the Services on a computer or other device, and to provide information that may be of interest to you. For instance, Hotjar generates heat-maps of user experiences and records, on an unidentified basis, information about your activity, such as mouse clicks, mouse movements, scrolling activity as well as certain text you type in the Services such as searches for Content.
We may use third-party advertising technologies that allow for the delivery of advertising about our Services on other websites you visit and other applications you use. The advertisements may be based on various factors such as the content of the page you are visiting, information you enter such as your age and gender, your searches, demographic data, user-generated content, and other information we collect from you. These advertisements may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.
We may use third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) to help deliver these tailored advertising on other websites and in mobile applications. These third parties may place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Services as discussed above and may access these cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services to serve these tailored advertisements. We also may share with third-party advertisers a hashed version of your email address that is anonymized and cannot be used to identify you, solely in non-human readable form and content that you share publicly when using the services (e.g, user-generated content) for purposes of delivering tailored advertising.
When using a mobile application, you may also receive tailored in-application advertisements. Each operating system, iOS for Apple phones, Android for Android devices and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems to opt-out of tailored in-application advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable platform operator.
Please note that to the extent advertising technology is integrated into the Services, you may still receive advertisements on other websites and mobile applications even if you opt-out. In that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
Personally Identifiable Information: We collect Personally Identifiable Information that you provide to us when you register for an account on ATH or other Analyttica sites, update or change information for your account, purchase products or services, complete a survey, sign-up for email updates or Online Analyttica Content, participate in our public forums, send us email messages, and/or participate in Online Content or other services on our Site. We may use the Personally Identifiable Information that you provide to respond to your questions, provide you the specific course and/or services you select, send you updates about Online Content offered by Analyttica or other Analyttica events, and send you email messages about Site maintenance or updates. The following examples are provided to help you better understand the information we may collect through your use of the Services.
Please note, Analyttica is not responsible for how others use information that is publicly available or otherwise accessible to others who have access to the Services.
When you sign up for and use the Services (including through a Third-Party Platform) We will collect any information you provide to us directly such as the following:
Account Registration: If you register for an account on our Site, you may be required to provide us with Personally Identifiable Information such as your name and email address. We may assign you a unique identifier.
Profile Information: You may also have the option of providing additional information about Yourself, including but not limited to a photo, headline, website link, social media profiles, or other information you may choose to enter (“Profile Information”) to create a profile (“Profile”). Your Profile and Profile Information may be publicly viewable to others.
Public Posting / Shared Content: Some of the Services may allow you to interact with other Users and/or post, share, communicate or otherwise transmit content publicly, such as by posting comments in a Content page, sending messages to others, or posting photos (collectively “Shared Content” or “Public Posting”). We may collect and store Public Postings and Shared Content. Shared Content or Public Postings may be publicly available or viewable by others depending on where such content is posted.
You hereby grant Analyttica a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Public Postings and Shared Content.
Updates: Analyttica may offer you the ability to receive updates either via email or by posting on portions of the Site only accessible to registered users. To subscribe to these services, you may be required to provide us with Personally Identifiable Information such as your name and email address.
Participation in Online Content: Analyttica offers users the opportunity to participate in an Online Content on or through the Site. If you desire to participate in such Content, you will be asked to provide us with certain information necessary to conduct such content. This information may include, among other things, your name and email address.
If you participate in an Online Content, we may collect from you certain user-generated content, such as content that you do and submit back after logging in. We also collect content data, such as user responses to assessments, etc., amongst other things. We collect information relating to taking Content, including, without limitation, Content Details, assignments, and quiz completion activity, interchanges with the Content Instructors/Experts, answers to questions, written content and other items submitted to satisfy the Online Content requirements.
You hereby consent to Our sharing of Registration Information (except for your email address), Profile Information, and Online Content Information to Instructors and Experts. Analyttica does not provide email addresses to Instructors or Experts. Analyttica does not control how Instructors or Experts treat Registration Information, Profile Information, or Online Content Information and is not liable for Instructors’ or Experts’ use of such information.
Identity Verification: Analyttica may offer you the ability to verify your identity for selected content. To enrol for these services, you are required to provide us with Personally Identifiable Information such as your name, address, date of birth, a headshot taken using a webcam, a photo identification document, and a sample of your typing patterns. Additionally, you may be required to provide information regarding your income to become eligible for possible financial incentives.
Payment Information: If You make any purchases through our Services, such as for Online Content, we may collect certain information regarding your purchase (such as your name and zip code) as necessary to process your order. You will be required to provide certain payment and billing information directly to our payment processing partners, including but not limited to your name, credit card or bank account information, billing address and zip code. We do not access, store or collect your credit card or bank account information.
If you are an External Instructor/Expert, we may enable you to link Your PayPal account or other payment account to the Services so that we can pay You. When You link such account, you allow us to collect and use certain information from such accounts to provide those payments, such as your payment account email address or account ID, physical address, and other information necessary for us to send payment to such account. We do not access, store, or collect your payment card or bank account information. The collection, use, and disclosure of your information will also be subject to the privacy policies and other terms of the payment account providers. You should review such privacy policies, terms, and other agreements.
Information Received Through Your Third-Party Platform: The Services may contain third-party links or allow you to access the Services through Third Party Platforms, such as Facebook. If You use our Services on or through a Third-Party Platform, including via any mobile and/or other Internet connected devices (“Wireless Devices”), or click on third party links, the collection, use, and disclosure of your information and your use of the Services will also be subject to the privacy policies and other terms of such third parties or Third-Party Platforms. You should review such privacy policies, terms, and other agreements.
By way of example only, we may collect some or all of the following information from your Third-Party Platform account when you register or use the Services on or through a Third-Party Platform:
Your full name
Your profile picture or its URL
The login e-mail address
Your physical location and that of your access devices, including any Wireless Device
List of friends or contacts
You may choose not to allow the Third-Party Platform to provide us with certain information about You, but you might not be able to use certain features of Our Services if you enable such restrictions.
Partner sites providing Online Content related tools and services to Analyttica users may collect nonfinancial individual level user data regarding the individual’s use of that partner site while engaged with such Online Content related activities, and the partner sites may share that data with Analyttica for improving Analyttica’s services, the partner site’s services, and the individual’s education experience. This data includes information such as the amount of time spent on the partner site and pages viewed.
Sweepstakes, promotions, and Surveys:
Communications, Support Requests, Potential Abuse:
How We Use the Information:
Analyttica may use the information we collect through your use of the Services to:
Provide, administer, and facilitate your use of the Services, including to display customized content;
Process or fulfil your request(s) and/or order(s) for Content, products, services, information or features;
Communicate with you concerning your Account by:
Responding to your questions or concerns;
Emailing you information or providing in app messages about your progress in Content, rewards programs, new services, new features, promotions, newsletters, and other available Content, which you can opt out of at any time;
Sending push notifications to your Wireless device to provide updates and other relevant messages. You can manage push notifications from the “options” or “settings” page for the mobile application.
Understand and improve the Services and develop new products, services or features;
Enable User-to- User communication and interaction;
Manage your Account preferences, establish your Profile and Registration Information;
Facilitate the technical functioning of the Services, including without limitation to troubleshoot and resolve issues, secure the Services; and prevent fraud and abuse;
Respond to customer support questions and issues and resolve disputes;
Create, review, analyse and share Technical Information;
Analyse trends and User traffic, track purchases and usage information;
Advertise our Services on third party websites or mobile applications
Market, process or fulfil Promotions administered or sponsored by Analyttica;
Solicit feedback from Users;
As required or permitted by law;
As we, in our sole discretion, otherwise determine to be necessary or required to ensure the safety and/or integrity of our Users, employees, third-parties, member of the public, and/or our Services;
Identify unique users across devices; or
Tailor advertisements across devices.
Non-Personal Information: We use Non-Personal Information to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Site. We may also use it for other business purposes.
We use Personally Identifiable Information collected when you sign-up for our various email or update services to send you the messages about the Site or an Online Course. We may also archive this information and/or use it for future communications with you.
To facilitate your use of the Forums, we use Personally Identifiable Information collected during your use of the Forums. In addition, we may publish this information via extensions of our Platform that use third-party services, like mobile applications. We also reserve the right to reuse Forum posts containing Personally Identifiable Information in future versions of the courses we offer, and to enhance future course offerings. We may archive this information and/or use it for future communications with you and/or your designee(s), and/or provide it to the Institution or the Instructor(s)/Experts(s) associated with the Content you have taken. We may also use or publish posts submitted on the Forums without using Personally Identification Information.
Participation in Online Content:
We use the Personally Identifiable Information that we collect from you when you participate in an Online Content through the Site for processing purposes, including but not limited to tracking attendance, progress and completion of an Online Content. We may also share your Personally Identifiable Information and your performance in each Online Content with the Instructor(s)/Experts(s) who are associated with the Content, with other individuals designated by the Instructor/Expert to assist with the creation, modification or operation of the Content, and with the institution or institutions with which they are affiliated. Also, we may archive this information and/or use it for future communications with you.
For services that require identity verification, we use the Personally Identifiable Information that we collect for verifying your identity, and for authenticating that submissions made on the Site were made by you. Your photo identification document will be deleted after successful verification of your profile information.
Communications with Analyttica:
Communications with Analyttica Business Partners:
We may share some of your Personally Identifiable Information with Institutional partners and other business partners of Analyttica so that they may share information about their products and services that may be of interest to you.
We may share general Content data (including forum discussions), information about your activity on our Site, and demographic data from surveys operated by us with our Institutional partners and other business partners so that they may use the data for research related to online education.
Disclosure to Analyttica Operations and Maintenance Contractors:
We use various service providers, vendors and contractors (collectively, “Contractors”) to assist us in providing our products and services to you. These Contractors have undergone extensive due diligence by us including signing Non-Disclosure Agreements and Vendor Agreements. Our Contractors may have limited access to your Personally Identifiable Information during providing their products or services to us, so that we in turn can provide our products and services to you. These Contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the Site or the Online Content. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for us.
Government Authorities, Legal Rights and Actions:
Disclosure to Acquirers:
Analyttica may disclose and/or transfer your Personally Identifiable Information to an acquirer, assignee or other successor entity about a sale, merger, or reorganization of all or substantially all of the equity, business or assets of Analyttica to which your Personally Identifiable Information relates.
If we receive any Personally Identifiable Information related to the extent to which you use designated e-Readers to access Analyttica materials, we may archive it, and use it for research, business, or other purposes.
Third Party Business Partners, Service Providers, Contractors or Agents:
We may share your information with third party companies that perform services on our behalf or those that we partner with, including for payment processing, order fulfilment, data analysis, marketing services, advertising services (including but not limited to retargeted advertising), e-mail and hosting services, and customer services and support. These third-party service providers may access your personal information, and are required to use it solely as directed by us for our requested service. Those partners’ collection and use of information is subject to their privacy policies and other terms. You should review such privacy policies, terms, and other agreements.
About You with other Users:
As mentioned above your Profile Information may be publicly viewable, including to other Users. In addition, if you ask a question to an Instructor/Expert, information about you, such as your name, may be publicly viewable by other Users.
Analytics and Data Enrichment Services:
As discussed above, we use third-party analytics such as Google Analytics to help understand your usage of our services and to improve our Service. We also may use data enrichment services. We may provide your contact information, Registration Information, Technical Information, Usage Data, or unidentified data to data enrichment services such as third party analytics and data enrichment service providers, which match such information with publicly available database information, including contact and social information from other sources, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses. We use this combined information to communicate with you in a more effective and customized manner.
Business Transfers, Sales, Mergers, or Divestitures:
If Analyttica undergoes a business transition, such as a merger, acquisition, corporate divestiture or dissolution (including bankruptcy), or a sale of all or a portion of its assets, we may share, disclose or transfer all of your information to the successor organization in such transition or during steps in contemplation of such activities (e.g., due diligence).
With Your Permission:
Aggregate or Unidentifiable Information:
We may disclose or use aggregate or unidentifiable information for any purpose.
We may share your information about any Promotion you enter on or through the Services, as necessary to administer, market, sponsor, or fulfil the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners’ lists or make required filings as appropriate) or in accordance with the applicable rules of the Promotion. We may share your information with a third party assisting us in administering the Promotion.
Advertising of Third Party Products/Services:
While we do not currently offer advertising on the Services, if we do offer advertising in the future, we may use and share with third party advertisers (and other third parties) certain Technical Information, Usage Information and/or Aggregate Information to show general demographic and preference information among our Users. We may also allow advertisers to collect Technical Information or Aggregate Information, which they may share with Us, using tracking technologies like cookies and web beacons. The information collected may be used to offer you targeted ad-selection and delivery to personalize Your User experience by increasing the likelihood that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, and to undertake web analytics (i.e. to analyse traffic and other end User activity to improve your experience). You can opt-out of this type of advertising for participating ad networks by going to specific opt-out sites. Please note this does not opt you out of being served ads. You will continue to receive generic ads. We do not control the above opt-out tools and are not responsible for their operation or which companies choose to participate in these programs.
Social Media Features:
Safety, Security, Cooperation with Law Enforcement, & Compliance with Legal Obligations:
Confidentiality & Security of Personally Identifiable Information:
Please note that e-mails and other communications you send to us through our Site are not encrypted.
Your Choices Regarding the Use of Your Information:
You can always choose not to provide certain information to us but you may not be able to use certain features of the Services. If you do not wish to receive promotional communications from us, you can opt-out by: (i) following the unsubscribe instructions provided in the promotional communication you receive; or (ii) managing your preferences by signing into your Account and contacting us.
Please note that despite your opt-out choice or indicated email preferences, we will still send you transactional and/or relationship messages regarding the Services, including, for example, administrative confirmations, order confirmation, important updates regarding the Services, and notices regarding our policies.
The browser you use may provide you with the ability to control cookies or other types of local data storage. Your Wireless Device may provide you with choices around how and whether location or other data is collected and shared. Analyttica does not control these choices, or default settings, which are offered by makers of your browser or mobile device operating system.
You may also have other choices as descried in the Advertising of Third Party Products/Services section.
If You have any questions about your information, our use of this information, or your rights when it comes to any of the foregoing, contact us.
Updating or Deleting Your Personally Identifiable Information:
You can access your Personally Identifiable Information and confirm that it remains correct and up-to-date or choose whether you wish to receive material from us or some of our partners by logging into the Site and visiting your user account page. You may also contact us via email. We try to answer every email promptly, but may not always be able to do so. Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your Personally Identifiable Information.
How to Delete Your Account and what Happens when Your Account is Terminated or Deleted
Deactivating Your Account:
If you are a User or Instructor/Expert, and wish to delete your Account, you may do so by following the steps provided in your account settings page or by contacting us.
Account Terminated or Deleted:
Please be aware that even after your Account is terminated or deleted some or all of your information may still remain visible to others, including but not limited to any information that has been: (a) incorporated into others User’s content, comments, postings, submissions, including but not limited to Content’s comments ; (b) copied, stored or disseminated by other Users; (c) shared or disseminated by you or others such as in a Public Posting; or (4) posted on a Third-Party Platform. Termination of your Account will not result in the removal of information collected and already put in aggregate form or information that cannot, in our sole discretion, be removed without undue burden to Analyttica. Analyttica is not able and/or obligated to remove any of your information from a Third-Party Platform.
No Information from Children Under 13:
Analyttica strongly believes in protecting the privacy of children. In line with this belief, we do not knowingly collect or maintain Personally Identifiable Information on our Site from persons under 13 years of age, and no part of our Site is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access this Site at any time or in any manner. We will take appropriate steps to delete any Personally Identifiable Information of persons less than 13 years of age that has been collected on our Site without verified parental consent upon learning of the existence of such Personally Identifiable Information. Parents who believe that Analyttica might have collected personal information from a child under the age of 13 may contact us and request that the information be removed.
California Privacy Rights:
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2018 will receive information regarding 2017 sharing activities).
To obtain this information, please send an email message to firstname.lastname@example.org with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
International Privacy Practices:
Analyttica’s Sites are primarily operated and managed on servers located and operated within the United States. The data protection and other laws of the United States and/or other countries might not be as comprehensive as those in your country. By submitting your data and/or using our Services, you consent to the transfer, storing, and processing of your data in and to the United States.
To provide our products and services to you, we may send and store your personal information (also commonly referred to as personal data) outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. If you reside or are located within the European Economic Area and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the European Economic Area to the extent feasible under applicable law. By using and accessing our products and services, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.
Intellectual Property Policy
Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements:
Analyttica Datalab Inc. respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our Instructors/Experts and other users of our website and services (the “Site”) to do the same. Infringing activity will not be tolerated on or through the Site.
Analyttica’s intellectual property policy is to (a) remove material that Analyttica believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third-party by being made available through the Site, and (b) remove any Submitted Content posted to the Site by “repeat infringers.” Analyttica considers a “repeat infringer” to be any User that has uploaded Submitted Content to the Site and for whom Analyttica has received more than two takedown notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such Submitted Content. Analyttica has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Analyttica’s own determination.
Procedure for Reporting Claimed Infringement:
If you believe that any content made available on or through the Site has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the us. Your communication must include substantially the following;
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Analyttica to locate the material;
Information reasonably sufficient to permit Analyttica to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you receive a notification from Analyttica that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Analyttica with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, through one of the methods identified above, and include substantially the following information:
A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and
The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
False Notifications of Claimed Infringement or Counter Notifications:
The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Analyttica] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. 512(f):
Analyttica reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the us via email or to the postal address identified in our website.
Procedure for submitting a Trademark Infringement Notice:
The fastest and easiest way to submit a claim of trademark infringement to us is to send a notice containing the following information to us. Please note that a copy of your notice will be sent to the party who posted the content you are reporting. Your communication must include substantially the following:
Your complete contact information (full name, mailing address and phone number).
The specific word, symbol, etc. in which you claim trademark rights.
The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable.
The country or jurisdiction in which you claim trademark rights.
The category of goods and/or services for which you assert rights.
Information reasonably sufficient to permit us to locate the material on Analyttica that you believe violates your trademark rights. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content.
A description of how you believe this content infringes your trademark.
If you are not the rights holder, an explanation of your relationship to the rights holder.
The following statement: “I have a good faith belief that use of the trademark as described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law”
The following statement: “The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed.”
Your electronic signature or physical signature.
Current Analyttica IP is listed at http://www.analyttica.com/intellectual-property/.