Every guideline must address the following guidelines or it may be considered null and void.
This is the core of the UDLA and defines the data and uses for which the User agrees to share information with you, the Company and selected third parties.
A. An optional and additive relationship
The UDLA shall include a statement that it will have no impact on the existing or future commercial relationships based on the User buying goods or services from the Company. This means that if the UDLA doesn't work out it should not impact their prior commercial relationship.
B. Explicit data collection and use
The UDLA shall include a statement that the Company will not collect and use the data specified in for any other purpose than the purposes set out in the agreement. This should give some reassurance to the User that the data will not be used for anything other than the agreed purposes.
C. Data use definitions
The UDLA shall include clearly defined and easy for the User to understand definitions of what data will be collected and the purposes for which it will be used. The User should understand that the licensed data is only the agreed upon data for the agreed upon uses and nothing else.
i. The UDLA must include the types of data collected
ii. The UDLA must include the use case for the data
iii. The UDLA may include the destinations for which the data is approved to be stored or processed
The UDLA must clearly define the compensation offered to the User in exchange for a license to their data. The compensation, payment, or reward may or may not be monetary and can be a discount on goods or services, a credit against future purchases, access to exclusive content, or any other compensation deemed fair by both the User and Company. In some cases, there may be no compensation or payment, however this must still be explicit defined in the UDLA.
To ensure that the user understands the offer you are making for a licence to use the data, the offer should be very clear and precise. For example, "If you give us access to your xxxx data, we will give you xxxx for every 30 days that we have access”.
Privacy and confidentiality
The UDLA should either include statements or links to your Company's polices for addressing applicable data laws including but not limited to GDPR, CCPA, PIPEDA.
The UDLA must include an explicitly defined duration for the relationship, and may include additional duration and time-based requirements for compensation. The duration can be perpetual or finite, for example a one year agreement.
The date of acceptance, by the user is always the start date of the agreement.
The UDLA shall include a simple, explicit statement that any changes or alterations will render it void. If you wish to make any alterations to the UDLA, you must issue a new offer to the User that will contain the amended terms.
The UDLA should include a Company termination statement, defining a reasonable notice period and compensation considerations.
A. User opt-out
The UDLA must allow a User to withdraw the license at any time. The effect of this action will immediately void the UDLA.
i. The process of opt-out must be included in the UDLA.
This is most commonly performed through the application implementing TIKI's SDK.
ii. The UDLA must clearly define how the opt-out impacts compensation and previously collected data
iii. The UDLA shall explicitly state that upon termination data collection halts.
If the user opts out, credits owed from the UDLA should be settled as possible. Any discounts or future promises for data licences are invalid on cancellation or opt-out by the user.
The UDLA must include a statement that the User is legally capable of sharing the defined data. Users may not share data that is contractually or legally restricted, for example, data that is subject to an employment contract or a federal employee or if they are underage.
The UDLA must include the legal jurisdiction for the agreement, and should be the Company's location or registered office.
Limitation of liability
The UDLA should include a statement or statements that limits the liability of both parties to the UDLA in the event of a dispute or breach of the agreement.
The UDLA must include a statement that Tiki inc. as the facilitator of the agreement, is not a party to the agreement as as such is not liable to either party for the contents or performance of the UDLA.
Updated about 2 months ago