Terms of Data Use

DEFINITIONS: As used in this Agreement, “Raw Data” means data received directly from a retailer’s point of sale system. “Authorized Data” means processed retailer data that is provided to vendors with specific permission from the retailer. “Aggregated Data” means very high level data summarized and analyzed and compiled into a pool of industry level information for the purposes of high-level analysis (e.g. to determine industry trends). For example, at the level of categories, diamond characteristics, and price points.

USE OF DATA: In consideration of the terms of this Agreement, Retailer hereby grants to BIG a perpetual, royalty-free license to sanitize the Raw Data after excluding completely certain brands, and aggregate such sanitized data together with other similar data from retailers to generate, review and analyze Aggregate Data and to use the results in any form to third parties (“Authorization to Aggregate Data”) so long as the disclosure – is sufficiently sanitized, aggregated, and/or processed such that no single market participant may deduce Retailer’s Raw Data.

Retailer shall notify BIG, in writing (e.g. email), of any private label, custom, or exclusive product that is sold only by Retailer or other aspect of Retailer’s data that Retailer reasonably believes to be identifying so that BIG may appropriately sanitize data associated therewith. Such information is normally discovered in the onboarding processes as BIG gets familiar with your business and data. Except where otherwise authorized by Retailer, BIG agrees to keep the Raw Data confidential and to not disclose such information in raw form to any third-party except where required by order of a court of competent jurisdiction.

Retailer may withdraw the Authorization to Aggregate Data at any time by emailing specific notice of the same to BIG at optout@bigjewelers.com or by clicking opt-out here. Such withdrawal will not terminate any other Agreements between Retailer and BIG (e.g. Retailer may continue to participate in the Balance to Buy ™ service). Such notice shall specifically reference this Agreement and on such notice, BIG shall terminate any and all further aggregation and disclosure of Retailer’s data subsequent to the notice within thirty (30) days of such notice (“Aggregation Termination Date”). The perpetual license granted by the Authorization to Aggregate Data with respect to data existing prior to the Aggregation Termination Date shall survive withdrawal of the Authorization to Aggregate Data.

Retailer acknowledges and agrees that opportunity for access to Aggregate Data and/or the results of review and/or analysis of such Aggregate (i.e. industry insights provided to participating retailers) is valuable and sufficient consideration. Access to the Aggregate Data and the results of any review or analysis are provided on an AS IS basis without any warranty or guarantee whatsoever. Information provided by BIG is not intended to be used for business-critical decision-making. Retailer shall keep Aggregate Data and the results of any review or analysis provided by BIG to Retailer confidential and to not disclose such information to any third party except where required by order of a court of competent jurisdiction.

ACKNOWLEDGMENT: You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.

GOVERNING LAW: This Agreement shall be governed by the laws of the State of Utah, United States, excluding its conflicts of law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods. You agree to the exclusive jurisdiction of Utah federal and state courts, for resolution of any dispute related to this Agreement.