Data, Content & Platform Intelligence Rights Addendum
To be incorporated into all ClickDinner user agreements
1. Definitions
For purposes of this Agreement:
"User Content" means any data, text, images, listings, menus, prices, messages, reviews, ratings, metadata, logs, behavioral data, transaction data, or other information submitted, uploaded, generated, or derived from User activity on the Platform.
"Platform Data" means all aggregated, anonymized, derived, inferred, or processed data generated through use of the Platform, including analytics, trends, insights, and models.
2. Ownership of Platform & Derived Data
- Users retain ownership of their original, identifiable content where required by law.
- ClickDinner exclusively owns:
- Platform Data
- Aggregated data
- Anonymized data
- Derived insights
- Analytics, metrics, benchmarks, and behavioral models
- Any learnings generated from User activity
No User has any ownership or compensation rights in Platform Data.
3. License Grant by Users
By using ClickDinner, each User irrevocably grants ClickDinner a:
license to use, host, store, copy, modify, adapt, analyze, reproduce, distribute, display, perform, monetize, commercialize, and create derivative works from User Content and Platform Data for any lawful purpose, including but not limited to:
- operating the Platform
- improving products and services
- analytics and research
- AI / machine-learning training
- fraud prevention
- business intelligence
- marketing and promotion
- benchmarking and reporting
- sale or licensing of aggregated or anonymized datasets
4. Use of Anonymized & Aggregated Data
- ClickDinner may freely use, sell, license, publish, or disclose anonymized or aggregated data.
- Users waive any rights to:
- compensation
- approval
- attribution
- control
over such data.
- Such data shall not be considered personal data once anonymized, to the maximum extent permitted by law.
5. Waiver of Claims Related to Data Use
To the fullest extent permitted by law, Users waive and release ClickDinner from any claims arising from:
- use or commercialization of User Content or Platform Data
- data analytics or profiling
- AI training or algorithmic processing
- business insights derived from User activity
- loss of expected profits or competitive advantage
- reputational impact caused by data analysis or aggregation
6. No Fiduciary or Confidential Relationship
- No fiduciary, confidential, or special relationship is created by submission of data.
- ClickDinner has no duty to protect User interests in how data is used, except as required by mandatory law.
7. Compliance With Mandatory Privacy Laws
- ClickDinner will comply with applicable mandatory data-protection laws (e.g., GDPR, UK GDPR, Israeli Privacy Protection Law, CCPA/CPRA).
- Where such laws grant non-waivable rights (e.g., access, deletion), those rights apply only to the minimum extent required by law.
- Nothing in this Agreement grants Users rights beyond those legally required.
8. Survival
These data rights survive account termination, deletion, or inactivity indefinitely, except where prohibited by law.
9. Indemnification for Data Claims
Users agree to indemnify and hold harmless ClickDinner from any claims arising out of:
- content they submit
- data they provide
- violations of privacy, publicity, or IP rights
- third-party claims related to their data