Last Updated: August 25, 2021
BY CLICKING “AGREE,” OR BY OTHERWISE ACCESSING OR USING THE SITE, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms and you agree to be bound by these Terms. If you do not agree with any of the terms in these Terms, you are prohibited from using or accessing the Site.
1. Use License
Subject to your complete and ongoing compliance with these Terms, Scale hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide right to (a) access and use the Site, solely with supported browsers through the Internet for your own internal purposes. You may not permit the Site to be used by or for the benefit of unauthorized third parties. Nothing in these Terms will be construed to grant you any right to transfer or assign rights to access or use the Site. All rights not expressly granted to you are reserved by Scale and its licensors. You may not (i) modify or make derivative works based upon the Sites; (ii) reverse engineer the Site or access the Sites in order to (a) build a competitive product or service, or (b) build a product using similar features, functions, or graphics of the Sites, or (c) copy any features, functions, or graphics of the Sites. You further acknowledge and agree that, as between the parties, Scale owns all right, title, and interest in and to the Sites, including the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site, and all intellectual property rights therein.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site (“Feedback”), then you hereby grant Scale an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Sites and create other products and services.
3. Third Party Software
The Site may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Site is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of the Third Party Components under those third party licenses. The Site may also contain links to third party websites. Such linked websites are not under Scale’s control, and Scale is not responsible for their content.
4. Monitoring Content
5. Term and Termination
These Terms are effective beginning when you accept these Terms or first access or use the Site, and ending when terminated as described below. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Scale may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate these Terms at any time by emailing email@example.com. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Site. Sections 2, 6, 7, 8, and 10 will survive.
To the fullest extent permitted by law, you agree to defend, hold harmless and indemnify Scale and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Scale Entities”) from and against any and all claims brought by a third party, and any related losses, costs, expenses, damages or other liabilities incurred arising from or related to: (a) your unauthorized use of, or misuse of, the Sites; (b) your breach of any provision of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or issue between you and any third party. Any such indemnification will be conditioned on our notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
THE SITE AND ALL MATERIALS AND CONTENT ON AND AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. Scale makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights, and any warranty arising out of course of dealing, usage, or trade. Scale does not warrant that the Site or any portion of the Site, or any materials or content offered through the Site, are accurate, complete, or current, or will be uninterrupted, secure, or free of errors, viruses, or other harmful components; and Scale does not warrant that any of those issues will be corrected. Scale may make changes to the Sites at any time without notice, including by limiting or discontinuing certain features of the Sites. Scale does not, however, make any commitment to update the Sites. Scale will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Scale does not disclaim any warranty or other right that Scale is prohibited from disclaiming under applicable law.
8. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCALE OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS ON THE SITE, EVEN IF SCALE OR A SCALE AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF SCALE AND ITS SUPPLIERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this Section 8 will apply even if any limited remedy fails of its essential purpos
Scale may revise these Terms at any time without notice; provided that, if we make any material changes to these Terms, we will use commercially reasonable efforts to notify you. By continuing to use the Site, you are agreeing to be bound by the then current version of these Terms.
10. Governing Law
Any claim relating to the Sites or these Terms will be governed by the laws of the State of California without regard to its conflict of law provisions.
We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.
12. Contact Information
You may contact us by emailing us at firstname.lastname@example.org.
Last Updated: August 30, 2021
“Users” or “you” may, depending on the context, be: a visitor to our website or social media pages; a recipient of our communications; or an individual registered for our Services, including individuals who are provisioned an account by our customers (“Customers”).
We recommend that you read this Policy in full to ensure you are fully informed. However, to make it easier for you to review those parts of this Policy, which apply to you, we have divided up the document into the following sections:
- WHO WE ARE
- INFORMATION WE COLLECT
- HOW WE USE YOUR INFORMATION
- LEGAL BASES FOR PROCESSING PERSONAL INFORMATION (EEA AND UK ONLY)
- INFORMATION SHARING AND DISCLOSURES
- YOUR PRIVACY RIGHTS AND CHOICES
- INFORMATION FOR CALIFORNIA CONSUMERS
- DATA RETENTION
- INTERNATIONAL TRANSFER
- LINKS TO OTHER WEBSITES
- OUR POLICY ON CHILDREN
- CONTACTING US
- PRIVACY SHIELD NOTICE
1. Who We Are
We are Scale, a San Francisco-based company with a mission to accelerate the development of artificial intelligence. We do this by providing a data-centric, end-to-end solution to manage the entire ML lifecycle.
2. Information We Collect
A. Information You Provide Us Directly. We collect information you provide directly to us when interacting with us or using the Services. We use this information to provide, improve, promote, and protect the Services. The information we collect includes the following:
Account information: When you register with us through the Services to become a Scale User or sign-in to an account created by a Customer, we may ask you to provide personal information such as your name, email address, phone number, company name and role in order to register your account.
Payment information: We may collect billing information (including credit card details and billing address) in order to process your payment for use of the Services.
Marketing information: If you express an interest in obtaining information about our Services, sign up for an event or webinar, provide our business partners with your information, or download certain content, we may ask you to provide us with information about you such as your name, email address, address, phone number, title, company name, and other information. We use this information to promote the Services to you with Scale newsletters, marketing, or promotional materials and other information that may be of interest to you (but only where permitted by law and in accordance with your marketing preferences).
Feedback and support data: We may collect information from you in surveys that we may conduct in order to improve the Services. We may also collect information you provide us in connection with support queries we receive from you.
B. Information We Collect From You Automatically. We use typical tools and services, such as log files, cookies, pixel tags, and similar technologies to automatically collect information, which may contain personal information from your devices while you navigate our Services or interact with emails we sent to you. The information we collect includes the following:
Device data: When you use the Services, we may collect information about the devices you use to access the Services, including IP address, browser or device type, operating system, the website you visited before the Services, and identifiers of your devices.
Usage data: When you interact with our Services, we collect information about how you use the Services, including tracking Users’ activity in our Services (such as date/time stamps associated with your usage, pages viewed, searches and other actions you take (e.g. which features you use).
Location data: When you use the Services, we may collect information about your location based on your IP address, such as city, state, and country.
3. How We Use Information
We use the personal information described above for the following business and commercial purposes:
Provide, maintain, improve, and protect the Services: We use the information that you provide us to provide the Services to you in accordance with our contract with you or the relevant Customer.
Communicate with you about the Services: We use your contact information to communicate with you about service updates and technical or administrative matters.
Managing event or webinar registrations and attendance: We process your personal information to plan and host events or webinars for which you have registered or that you attend, including sending related communications.
Sending marketing communications: We process your personal information to send you marketing information, such as Scale newsletters, marketing, or promotional materials and other information about our products and services that may be of interest to you (but only where permitted by law and in accordance with your marketing preferences). Please see the "Your Privacy Rights and Choices" section below to learn how you can control the processing of your personal information by Scale for marketing purposes.
For our business purposes: such as data analysis, audits, developing new products and services and expanding our business activities in reliance on our legitimate interests.
Complying with legal obligations: We will use your personal information where we reasonably believe that such action is necessary to (a) comply with applicable law, regulation, legal process, or government request, (b) protect any person from death or serious bodily injury, (c) prevent fraud, abuse, or security issue of Scale or other users, and (d) to protect Scale’s or its licensors’ rights, property, safety, or interest.
We may aggregate or de-identify information submitted to or collected by use of the Services so that the information does not identify you or Customer, for example to provide overall usage statistics of our Services.
4. Legal bases for processing personal information (EEA and UK only)
If you are based in the European Economic Area or the United Kingdom, our legal basis for collecting and using your personal information will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect and use personal information from you where the processing is in our legitimate interest and not overridden by applicable law, your data protection interests or fundamental rights and freedoms. Typically, our legitimate interests include improving, maintaining, providing and enhancing our technology and the Services; ensuring the security of the Services; and supporting our marketing activities.
In some limited cases, we may also have a legal obligation to collect personal information from you. If we ask you to provide personal information to comply with a legal requirement, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not, as well as of the possible consequences if you do not provide your personal circumstance
5. Information Sharing and Disclosure
We may share your personal information as described below, but we don’t sell it to advertisers or other third parties.
If your User account was provisioned by a Customer, your administrator (“Admin”) may have access and control over the information associated with your account. The Customer may have its own policies governing access and use of information in your User account.
Depending on a Customer’s settings and your choices, we will share certain information with other Users that are part of a Customer account.
We may share your information with Scale’s affiliates and business partners to provide, improve, protect, and promote the Services, or communicate with you.
We may sell, transfer or otherwise share information in connection with a merger, acquisition, reorganization, or sale of assets, or in the event of bankruptcy.
We may disclose your information to third parties if we determine such disclosure is reasonably necessary to: (a) comply with applicable law, regulation, legal process, or government request, (b) protect any person from death or serious bodily injury, (c) prevent fraud, abuse, or security issue of Scale or other users, and (d) to protect Scale’s or its licensors’ rights, property, safety, or interest.
We may also disclose or share your personal information where you have given us your consent to do so for a specific purpose.
6. Your Privacy Rights and Choices
Depending on your location, and subject to applicable law, you may have the following rights with regard to the personal information we control about you.
You can access, correct, amend, and delete your personal information by contacting us at email@example.com.
If you are based in the EEA or UK, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability or your personal information. You can exercise these rights by contacting us at firstname.lastname@example.org.
If you decide at any time that you no longer wish to receive marketing communications from us, please follow the unsubscribe instructions provided in any of the communications. If you choose to no longer receive marketing communications, we may still communicate with you about security updates, responses to service requests or other service related, non-marketing purposes.
If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal.
You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. If you are based in the EEA or UK, the contact details for data protection authorities are available here.
We may request specific information from you to help us confirm your identity and process your request. If your User account was provisioned by a Customer, and if you seek to access, correct, amend, or delete data associated with your account, you should direct your requests to the Customer’s Admin.
You also have choices with respect to technologies we use to automatically collect information as described below:
For more information about cookies and how to disable them, please visit www.allaboutcookies.org. You may also find more information about how to control cookies and opt out of receiving tailored advertising from the Network Advertising Initiative’s Consumer Opt-Out or the Digital Advertising Alliance’s Consumer Opt-Out. You are responsible for the choices you make regarding these mechanisms.
To learn how to manage privacy and storage settings for Flash Cookies, please visit the Macromedia site.
HTML5 LSOs can be managed using browser tools and settings.
7. Information for California Consumers
This section applies to California consumers, and it describes how we collect, use and share Personal Information of California consumers in operating our business, and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA. Under the CCPA, “Personal Information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.
A. How We Collect, Use, and Share your Personal Information. We collect the following statutory categories (as defined by CCPA) of Personal Information directly from you or automatically from your device:
Identifiers, such as you name, email address, phone number, company name and role, device identifier, IP address, unique browser ID, cookies, beacons, pixel tags, account login, other unique identifiers;
Commercial information, such as your service subscription records, and site engagement;
Internet or network information, such as browsing and search history, site and advertisement interactions;
Financial information, such as credit card and other billing related information;
Geolocation data, such as city, state, and country based on IP address.
B. California Privacy Rights. California law grants California residents consumers certain rights and imposes restrictions on particular business practices as set forth below.
You may request access to, or for a copy of the personal information we have collected, used, disclosed, and sold about you over the past twelve (12) months.
You may also request that we delete certain personal information we have collected from you.
You have a right not to receive discriminatory treatment for the exercise of your CCPA privacy rights
California consumers have the right to opt-out of the sale of their personal information. We do not and will not sell your personal information. We may provide third parties with certain personal information to provide or improve our products and services, for example to deliver products or services at your request. In such cases, we require those third parties to handle the information in accordance with applicable laws and regulations.
C. How to Exercise Your California Privacy Rights
If you are a California consumer seeking to exercise your CCPA rights, or if you are an authorized agent wishing to exercise CCPA rights on behalf of someone else, please e-mail us at email@example.com. We will respond to verifiable requests received as required by law.
Please note that to protect your personal information, we will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent's identity to protect your personal information.
California Civil Code Section 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org
If you have questions about your rights under CCPA, please send us an email to email@example.com
8. Data Retention
Scale is concerned with safeguarding your information. Scale employs appropriate and reasonable physical, technological, and administrative security measures. For further information about our security practices, please see our Security page available here. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
10. International Transfer
Information that we collect from you may be transferred to, stored, and processed by us, our affiliates, and other third parties in countries outside the EEA, the UK and Switzerland including, but not limited to, the United States and other countries, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world.
For transfers of personal information from the EEA, the UK and Switzerland to third countries, we will transfer personal information according to the requirements of applicable data protection legislation by putting in place appropriate safeguards, including by entering into European Commission Standard Contractual Clauses. Customers transferring personal information from the EEA, the UK or Switzerland can reach out to Scale for a copy of its Data Processing Addendum by contacting us at firstname.lastname@example.org.
In addition, Scale has self-certified to the EU-U.S. and Swiss-U.S. Privacy Shield. For more information, see our Privacy Shield Notice. While the EU-US and Swiss-US were invalidated in 2020 by the Court of Justice of the European Union, we will continue to honor our obligations under our certification and adhere to the Privacy Shield principles.
11. Links to Other Websites
12. Our Policy on Children
The Services are not directed to individuals under 13, or a higher age depending on your jurisdiction (“Required Age”). If Scale becomes aware that a child under the Required Age has submitted information to us, we will delete the information. If you believe that we may have any information from a child under the Required Age, please contact us at email@example.com.
14. Contacting Us
15. Privacy Shield Notice
A. Scope. Our certification of adherence to the Privacy Shield Principles applies to the personal data (a) we collect from customers and visitors of our website (“Scale User Data”) and (b) that we process on behalf of our customers under an agreement (“Scale Services Data”).
F. Service Providers. We may employ third party service provider companies and individuals to provide, improve, and protect the Services on our behalf. We maintain contracts with service providers that restrict their access, use, and disclosure of personal data in compliance with our Privacy Shield obligations, including the onward transfer provisions, and we may be liable if they fail to meet those obligations and we are responsible for the event giving rise to damage.
G. Legal Requirements. We may disclose Scale Services Data to (a) comply with applicable law, regulation, legal process, or government request, including to meet national security or law enforcement requirements, (b) protect any person from death or serious bodily injury, (c) prevent fraud, abuse, or security issue of Scale or other users, and (d) to protect Scale’s or its licensors’ rights, property, safety, or interest.
H. Business Transfers. Scale may sell, transfer or otherwise share some or all of its assets, including Scale Services Data, in connection with a merger, acquisition, reorganization, or sale of assets, or in the event of bankruptcy.
J. Disputes. JAMS is the US-based independent organization responsible for reviewing and resolving complaints about our Privacy Shield compliance - free of charge to you. Please first submit any such complaints directly to us via firstname.lastname@example.org. If you aren’t satisfied with our response, please contact JAMS at www.jamsadr.com/eu-us-privacy-shield. In the event your concern isn’t addressed by JAMS, you may be entitled to a binding arbitration under Privacy Shield and its principles.
K. U.S. Federal Trade Commission Enforcement. Scale’s commitment under the Privacy Shield is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. If there is any conflict between this Privacy Shield Notice and the Privacy Shield Principles, the Privacy Shield Principles will take precedence.