DDA Library Policies

Content

DDA Library Terms and Conditions

Last updated: August 19, 2024

Art. 1 – Introduction

PLEASE READ THESE CONDITIONS CAREFULLY TO ENSURE YOU UNDERSTAND EACH PROVISION.

DDA Library is a learning platform (Platform) designed to share various materials, including but not limited to, Data Driven ABA trademarks and logos, videos, documents, texts, images, information, data, audio files, and other materials and their organization.

These materials concern, but are not limited to, evidence-based procedures for behavior modification and responses to questions/comments (collectively, Content) from those who access the Platform (Client, “you“, “your“). In addition to accessing the Platform’s Content, the Client may interact by sharing them with others. The term “Community” refers to the collection of information, questions, comments, and any other material produced by the Client on the platform as a result of interaction.

As described in ART. 5.2 of these terms: DDA assumes no responsibility for the application of behavioral procedures or any content shown or described in the Platform’s Content.

In case of doubts or psychological and/or behavioral issues, it is suggested to consult a qualified professional in the field.

DDA Library does not in any case replace the intervention of a qualified and responsible professional.

DDA Library’s sole purpose is to provide Content without any implicit and/or explicit application indication on its use and should not be interpreted as a guide to solve behavioral and/or psychological problems concerning your users or your relatives.

DDA LIBRARY IS NOT IN ANY WAY CONFIGURED AS A CONTINUOUS ASSISTANCE SERVICE TO USERS WITH PSYCHOLOGICAL OR BEHAVIORAL DIAGNOSES OR DIFFICULTIES OF ANY NATURE, NOR AS A BEHAVIOR ANALYSIS OR PSYCHOLOGICAL SERVICE OF ANY KIND.

DDA LIBRARY IS NOT A TRAINING COURSE, DOES NOT GUARANTEE A TRAINING LEVEL OR THE ACQUISITION OF SPECIFIC SKILLS.

DDA Library is owned by Data Driven ABA (“we”, “our”, “us”, “DDA”). Data Driven ABA is the name of the group of professionals founded by:

Gerard: Gerard Enrico Segura Machado, Creative Director and Brand Manager (Phone: +41 76 421 0088, E-mail: gerard@datadrivenaba.com), residing at Winkelriedstrasse 10, 8200 Schaffhausen (SH), Switzerland;

 Michael: Michael Nicolosi, M.Sc., Psychologist (CH), Behavior Analyst, (Phone: +41 76 478 0625, WhatsApp: +39 347 041 1481, Email: michaelnicolosi@datadrivenaba.com), residing at Winkelriedstrasse 10, 8200 Schaffhausen (SH), Switzerland;

Satia: Satia Riva, M.Sc. in Psychology (IT), Behavior Analyst, (Phone: +41 76 285 0030, WhatsApp: +39 033 241 8383, Email: satiariva@datadrivenaba.com), residing at Via Turconi 14, 21050 Cantello (VA), Italy;

Nicola: Nicola Cefalo, M.Sc., Psychologist (CH), Behavior Analyst, (Phone: +41 76 776 0728, WhatsApp: +39 328 706 8480, Email: nicolacefalo@datadrivenaba.com), residing at Winkelriedstrasse 10, 8200 Schaffhausen (SH), Switzerland;

and includes in its capacity as Associate:

Francesca: Francesca Siciliano, M.Sc., Psychologist & Psychotherapist (IT), Behavior Analyst, (Phone: +39 339 172 6728, Email: francesca@datadrivenaba.com), residing at Via Mario Pomilio 9, 80147 Naples (NA), Italy;

Gaia: Gaia Gloriosa Camilla Pilotto, Speech Therapist (IT), Assistant Behavior Analyst, (Phone: +39 324 088 5769, Email: gaia@datadrivenaba.com), residing at Via Luigi Einaudi 5, 20812 Limbiate (MB), Italy.

Data Driven ABA is a group of professionals who decided to unite under a single name to mutually assist each other in their professional lives. Each professional in the group remains independent, possesses their own service contract for the users, and issues invoices individually.

The collaboration and relationship between the members of DDA are sanctioned and regulated according to the document “Contratto dei membri Data Driven ABA relativo al progetto DDA Library” (Data Driven ABA Members Contract relating to the DDA Library project), signed on March 25, 2024.

These Terms and Conditions of Use (Terms) regulate the use of DDA Library: by registering, accessing the Platform, or otherwise using DDA Library, the Client agrees to these Terms. The Client declares that they have read and understood these Terms for using the Platform and agrees to be bound by them. This agreement is as valid and binding as a written agreement in paper form.

If the Client does not accept these Terms, they are not authorized to use DDA Library or access any Content and must refrain from doing so.

Access to DDA Library is provided through Mighty Software, Inc. (Mighty) (mightynetworks.com). By accessing DDA Library, the Client agrees to the “Mighty Networks Terms of Use” dated April 1, 2024 and subsequent updates, and the “Mighty Networks Privacy Policy” dated April 1, 2024 and subsequent updates.

DDA is exclusively responsible for the content and management of DDA Library. This means that DDA’s primary task is to take care of and organize everything related to the material present in the “DDA Library.” This includes:

  • Creating and updating the library’s content.
  • Managing information, such as the organization of resources, their quality, and their accessibility.
  • Maintaining the internal structure of the library (e.g., categories, tags, etc.).

Mighty, on the other hand, is entirely responsible for the platform and infrastructure on which the DDA Library is hosted. This means that Mighty takes care of the technological and operational part, ensuring that the library is accessible and functional. Mighty’s responsibilities include:

  • Managing the servers and technical infrastructure (hardware and software) that support the platform.
  • Developing and maintaining the platform, ensuring it is secure, stable, and performant.
  • Providing access to DDA Library content and managing technical issues, such as downtime or malfunctions.

If the Client does not accept Mighty’s Terms and Privacy Policy, they are not authorized to use DDA Library or access any Content and must refrain from doing so.

Links to these documents, updated as of August 17, 2024 are provided here:
https://www.mightynetworks.com/terms-of-use
https://www.mightynetworks.com/privacy-policy
https://www.mightynetworks.com/eu-privacy-notice

It is specified here that by accepting Mighty’s privacy policy, the Client consents to the transfer of their personal data to the datadrivenaba.com website, exclusively for purposes related to the content of the Platform (such as receiving information about ABA, accessing conferences, webinars, and other related activities) and for the offering of products, services, or content relevant to the Client. Under no circumstances will the data be sold to third parties for commercial purposes. Any data transfer will be carried out in compliance with applicable laws and with the adoption of adequate security measures to ensure the protection of the Client’s privacy. In this context, DDA’s privacy policy applies, available at the following link: https://datadrivenaba.com/privacy-policy

1. Registration

To access the Platform and its Content, the Client must follow the instructions provided by Mighty (Registration) and create their own reserved area within the Platform (Account).

The Client can access the Registration instructions for the Platform either through the website www.datadrivenaba.com, by searching for the Platform on Mighty on their own, or through links (e.g., promotional posts) to the Platform itself.

At the same time as creating an Account, the Client must purchase a Subscription for Access to the Platform as defined in ART. 2 of these Terms. Access to the Platform and its content will only be granted after submitting valid payment details accepted by DDA and after verifying compliance with the eligibility requirements described in ART. 1.2 of these terms.

Account and Password

To open an Account, the Client will be asked to provide certain information, such as Name, Surname, email address, and a password.

The Client is solely responsible for maintaining the confidentiality of their Account, password, and limiting access to their computer.

DDA authorizes members of the same household, meaning people living in the same apartment/house, to access the Platform even using a single Account.

If the Client allows others to use their account credentials, they agree to these Terms on behalf of all individuals accessing the Platform with their Account or password and are responsible for all activities conducted with their Account or password.

It is the Client’s responsibility to ensure that the information provided to DDA during Registration and afterward is correct, up-to-date, and complete to the best of their knowledge. Unless DDA grants written permission, the Client cannot sell, rent, transfer, share, or allow others who are not part of their household to access their Account, nor can they assign another person to manage the administrative rights of the Account.

DDA reserves the right to take all necessary legal measures to prevent unauthorized use of the Platform and its Content, including technological barriers, IP address mapping, and in severe cases, directly contacting the Internet Service Provider (ISP) to report unauthorized use.

In case of loss or theft of access data, or if unauthorized access to the Account is suspected, it is necessary to immediately inform DDA (by contacting Gerard at gerard@datadrivenaba.com).

For any reason, DDA may request a change of the username.

2. Age and Eligibility Requirements

To use DDA Library and access any content, it is necessary to:

  1. Be at least 18 years old (or the equivalent of the age of majority in your country of residence).
  2. Have the capacity to enter into a binding contract and not be prevented from doing so under applicable laws.

The Client also confirms that all registration information submitted to DDA is truthful, accurate, and complete, agreeing to maintain this standard at all times.

If the Client is a minor in their country of residence, registration will not be possible.

Registration, Access to Content, and participation in the Community are only permitted for individuals. Creating an Account and registering on behalf of companies, entities, or organizations is strictly prohibited and will result in immediate expulsion from the Community and the cancellation of the Account as described in ART. 3.2 of these Terms.

Access to the Platform is also prohibited for Clients who have previously been removed or for individuals not authorized to use it under the laws of Switzerland or any other applicable jurisdiction.

BY REGISTERING ON THE PLATFORM OR ACCESSING THE CONTENT IN ANY WAY, THE CLIENT DECLARES THAT THEY ARE AT LEAST 18 YEARS OLD, DO NOT REPRESENT A COMPANY, ENTITY, OR ORGANIZATION, AND HAVE NOT BEEN PREVIOUSLY REMOVED FROM THE PLATFORM AND ARE NOT PROHIBITED FROM USING IT.

Art. 2 – The service provided by DDA Library

1. Access Options to DDA Library

The Client is granted limited, non-exclusive, and revocable Access to DDA Library and its Content for personal, non-commercial use, based on the Client’s compliance with these Terms (including any other applicable Terms and Conditions).

There are several options for Accessing DDA Library (Subscription): some are provided for free, others require payment before access can be granted and allow Access for a limited time (Pre-paid Subscription), while others require a monthly, annual, or other renewal commitment (Recurring Subscription).

Promotional plans, subscriptions, or special services are provided, including offers of products and services from third parties. DDA is not responsible for the products and services provided by such third parties.

Before purchase, a detailed description of the costs and Content guaranteed for the selected Subscription will be provided (Subscription Plan).

Unless specifically stated otherwise, the fee for full Access to DDA Library and its Content for the duration of one calendar month is set at 59.99 CHF (launch offer subject to change at any time upon communication based on ART 6, point .1), including mandatory supplements of any kind, plus VAT (in accordance with legal requirements and any future amendments; the current VAT rate is 8.1% of the taxable amount).

Access will remain in effect unless and until the Subscription is terminated by the Client or DDA or upon the natural expiration of the prepaid period. The Client agrees not to redistribute or transfer Access or Content from DDA Library.

DDA Library’s Content is licensed, not sold or transferred to the Client, and DDA retains ownership of all Content and all copies thereof even after transfer or use on the Client’s devices. Specifics regarding proprietary rights are referenced in ART. 3.2 of these Terms.

2. Promotional Offers

Promotional offers for paid subscriptions are provided for a specified period without payment or at a reduced rate (Promotional Offer).

  1. Promotional Offer

    The Promotional Offer guarantees access to DDA Library at the indicated price (if present) for an initial period, as described in the section “d. Duration and Cancellation” of this ART. 2.2, starting from the moment the Client confirms acceptance of the advertised Promotional Offer by submitting valid payment details accepted by DDA. This period is defined as the “Promotional Period.”


  2. Eligibility

    To take advantage of a Promotional Offer, the Client must meet all the conditions listed below, subject to the conditions listed on the webpage describing the Promotional Offer and will be defined as “Eligible Client.”

    I. The Client must not already be subscribed to DDA Library.

    II. The Client must not have been a subscriber (nor have adhered to a Promotional Offer) of DDA Library.

    III. Unless otherwise specified, the Client must provide DDA Library with a currently valid and approved method of payment.

    IV. Additional eligibility requirements may be specified and established in the advertised Promotional Offer.

    V. The Client can subscribe to a Promotional Offer only once: previous clients cannot re-subscribe to the offer.

    VI. The Client meets the age and eligibility requirements described in ART. 1.2 of these Terms.

  3. Availability


    The promotional offer must be accepted before the expiration date, if applicable. DDA reserves the right to modify, suspend, or terminate the promotional offer at any time and for any reason. In such a case, any registrations after the promotional offer will not be considered by DDA unless prohibited by law.

  4. Duration and Cancellation


    In the case of a Promotional Offer, the corresponding Promotional Period will continue for the indicated period, in accordance with the “c. Availability” section above.

    Should the Client not cancel the promotional offer before its expiration, the chosen DDA Library subscription will automatically renew at the end of the Promotional Period. The current monthly price (or based on the renewal method) will be charged using the provided payment method.

    If the Client cancels a Promotional Offer during the Promotional Period, they will lose Access to DDA Library. To cancel, the Client must access their Account on Mighty, navigate to the subscription or purchase settings, select the active plan, and follow the cancellation instructions. The Client can cancel their subscription at any time by accessing their Account settings and deactivating their Account.

  5. Use of Devices


    The Client is required to use their own computer or mobile device to access the Platform, and at the same time, they must communicate with these devices and utilize the offered storage space. Additionally, the Client is responsible for the costs of fixed or mobile internet connections incurred from third-party providers for using the Platform.

3. Payments and Cancellation

  1. Billing

     

    The Client can purchase a Subscription directly from DDA in the following ways:

    Paid Subscription: involves prepayment of the subscription fee on a monthly or other recurring interval (Subscription Period) communicated to the Client before purchase.
    Pre-paid Subscription: prepayment that allows the user to access DDA Library for a specific period (Pre-paid Period).

    The amount of taxes on your DDA Library subscription may vary depending on tax laws at the time of each monthly charge and based on the information you have provided.

    The payment will be made to Gerard, the aforementioned professional, and he will issue an invoice for the purchased product.

    In case of discrepancies or disputes regarding payments, the Client must contact Gerard, the aforementioned professional, within 30 days of the disputed charge, providing sufficient details to identify the transaction in question.

    The Subscription payment will be made via credit card (or prepaid card) through an online payment platform. The Client provides explicit authorization for the automatic withdrawal of the monthly fee from the credit card provided during subscription. The Client guarantees that the credit card information is correct, valid, and up-to-date.

    DDA does not store or directly process the Client’s credit card data. All credit card information necessary for processing monthly subscription payments is managed exclusively by the online payment platform indicated at the time of payment, i.e., a third-party certified payment service provider.

    This separation ensures that the Client’s sensitive data is processed in accordance with current security standards in the electronic payment industry.

    As such, DDA declines all direct responsibility for credit card data security, as this responsibility is entirely assumed by the online payment platform.

    The Client is, however, encouraged to review the privacy policy and security measures adopted by the online payment platform to ensure the protection of their financial data.

    It is also emphasized that, in the case of suspected fraud or illicit activity related to credit card data, the Client is invited to directly contact the online payment platform and the competent authorities to ensure the protection of their rights and interests.

  2. Price and Tax Changes

     

    DDA may make changes to Subscription prices, including rates for Recurring Subscriptions, Pre-paid Subscriptions, and the Pre-paid Period (for periods not yet paid), to adapt to changes in product offerings and features, business or economic context, or for security, legal, or regulatory reasons.

    Such changes will be communicated as described in ART 6, point .1), with at least 30 days’ notice.

    Price changes will take effect starting from the subscription period following the date of the change.

    Under applicable law, by continuing to use DDA Library after the price change takes effect, the Client will have accepted the new price. If the Client does not accept the price change, they may reject the change by canceling the Subscription before the price change takes effect.

    Tax rates are based on the rates applicable at the time of the monthly charge. These amounts may vary over time based on local taxes in the user’s country, state, territory, or even city. Any change in the tax rate will be automatically applied based on the account information provided.

  3. Renewal and Cancellation


    Except for Pre-paid Subscriptions, payment to DDA Library will automatically renew at the end of the applicable Subscription Period unless the Subscription is canceled before the end of the current Subscription Period. To cancel the subscription, the Client must access their Account on Mighty, navigate to the subscription or purchase settings, select the active plan, and follow the cancellation instructions. The Client can cancel their subscription at any time by accessing their Account settings and deactivating their Account.

    Contact Gerard, the aforementioned professional (gerard@datadrivenaba.com), or one of the other Platform administrators if you need instructions on how to cancel the subscription. The cancellation will take effect the day after the last day of the current Subscription Period, and the Client’s Access to DDA Library will be blocked.

    DDA does not provide refunds or credits for partial Subscription Periods (i.e., different from a month) unless expressly stated in these Terms.

    To be eligible for a refund, the Client must keep both the Account and billing information up to date.

    DDA may, at its discretion, provide a credit as an alternative to a refund.

  4. Right of Withdrawal


    The Client who subscribes to a Recurring Subscription has the option to exercise the right of withdrawal within fourteen (14) days from the time of purchase (Withdrawal Period), in compliance with applicable legal regulations.

    This means that the Client can decide to cancel the subscription for any reason within this period. However, the Client will have to pay for the use of the Platform up to the time they inform us of their decision to withdraw. Once the Withdrawal Period ends, the Client can no longer exercise the right of withdrawal.

    Additionally, the Client consents to DDA automatically charging the subscription fee on a monthly basis (or based on the renewal method) until the subscription is canceled.

    The Client who chooses to subscribe to a Pre-paid Subscription has the right, in accordance with applicable laws, to a withdrawal period of fourteen (14) days from the date of purchase. During this period, the Client can decide to cancel the subscription for any reason. However, they are required to pay for the Access to the Platform they have had up to the time they inform us of their intention to withdraw.

    The Client consents that, at the end of the pre-paid period, DDA may automatically activate a paid subscription if provided for by the conditions of the Pre-paid Subscription, unless the Client cancels it in advance. Alternatively, the Client may independently subscribe to a paid Subscription at the end of the pre-paid period. In either case, the service will begin immediately after the charge, and with the start of the new service, the Client understands and agrees to waive the right of withdrawal.

    To be eligible for a refund, the Client must keep both the Account and billing information up to date.

    The right of withdrawal is guaranteed exclusively upon the first subscription to a Subscription. If the Client exercises the right of withdrawal and subsequently subscribes to a new subscription of the same type, this new subscription does not automatically include the right of withdrawal. In this case, what is provided in Art. 3, paragraph c) of these terms applies.

  5. Termination


    To the maximum extent permitted by applicable law, DDA reserves the right, without notice and at its sole discretion, to terminate access to the Platform, Content, or any part of them (or any other services) for the Client, to terminate these Terms, to terminate the license to use the Content (including the publication of Client Content described in ART. 3.3 of these Terms), and to block the Client or prevent them from accessing DDA Library and using it in the future, for any reason, including, by way of example, if:

    I. The Client’s use of the Platform violates these Terms or applicable law.

    II. The Client uses the Platform in a fraudulent or improper manner.

    III. DDA is unable to continue providing access to the Platform due to technical or legitimate administrative reasons. It is DDA’s right to discontinue the provision of services and/or terminate the Client’s license to use the Platform. To the maximum extent permitted by applicable law, the only remedy available to the Client if they are not satisfied with (1) the Platform, (2) the clauses of these Terms, (3) policies or practices adopted by DDA in managing the Platform, or (4) Content or information transmitted through the Platform, is to close their Account, stop using the Platform in its entirety, and request the cancellation of their Subscription.

    In the event that the Client subscribes to a Recurring Subscription or a Pre-paid Subscription and DDA terminates the subscription before the Client has fully utilized the Pre-paid Period or the Subscription Period, DDA will refund the unused portion of the period due to the termination. This partial period refund (i.e., a fraction of a month) constitutes the only exception to section “c” of this article.

    To be eligible for a refund, the Client must keep both the Account and billing information up to date.

4. Service Limitations and Modifications

We employ accurate methods and appropriate expertise to ensure the proper functioning of the DDA Library and to provide our Clients with a personalized and engaging learning experience. However, it is important to note that our services and their availability may vary based on applicable laws, without any liability towards the Client. For example:

  • DDA Library may experience temporary interruptions due to technical difficulties, maintenance, testing, or updates, including those necessary to implement changes required by relevant laws and regulatory requirements.
  • In an effort to continuously develop and improve our Content, we may modify, suspend, or discontinue (either permanently or temporarily) access to DDA Library or parts of it (including specific features, characteristics, content, subscription plans, and promotional offers).
  • DDA is under no obligation to provide specific Content and may remove documents, videos, podcasts, and other Content without notice.

In case of service interruption, the provisions indicated in section “e” of ART. 2.3 of these Terms will apply.

DDA assumes no responsibility towards the Client, nor any obligation to provide a refund to the Client for interruptions or failures of Internet services or other services caused by actions of governmental authorities, third parties, or events beyond its control.

Art. 3 – Use of DDA Library

1. Access Rights

By subscribing to a paid Subscription or a Promotional Offer, the Client is entitled to Access the Platform and its Content, as well as access to the Community, within the limits and based on the options described in the purchased Subscription Plan.

In every part of the Platform, the Content accessed by the Client, including its selection and arrangement, may be influenced by commercial purposes, including DDA’s agreements with third parties.

Some Content, such as podcasts and videos, licensed, provided by, created by, or otherwise made available by DDA within the Platform, may incorporate products, items, software, and other materials that were not intentionally or with advertising purposes inserted, unless otherwise specified.

2. DDA’s Proprietary Rights

All Content of the DDA Library is owned by Data Driven ABA as established by the document “Contratto dei membri Data Driven ABA relativo al progetto DDA Library (Data Driven ABA Members Contract relating to the DDA Library project)” signed on March 25, 2024.

Unless otherwise indicated, all Content on the DDA Library Platform (excluding Client Content as described in the following section 3.3) is protected by copyright and intellectual property laws.

Except as explicitly stated in writing by DDA, by accepting these Terms, the Client receives a limited, non-sublicensable, and non-transferable license (i.e., a personal and limited right) for Access and use of the Platform and its Content solely for personal use.

DDA reserves all rights not expressly granted by these Terms.

The license is subject to these Terms and does not allow the Client to perform any of the following activities:

  1. The sale, rental, sublicensing, leasing, or other monetization of DDA Library Content is prohibited.

  2. Modification or any form of derivative work creation from the Platform or its Content or any part thereof is prohibited.

  3. Distribution, public performance, or public display of the Content is prohibited.

  4. The use of data mining methods, robots, artificial intelligence, or similar data collection or extraction methods is prohibited.

  5. Downloading (except for page caching) parts of the Platform or its Content is prohibited, unless expressly allowed (e.g., with a “download” button present).

  6. Reverse engineering, decompiling, disassembling, modifying, or creating derivative works is prohibited unless explicitly stated by applicable law.

  7. Modifying, adapting, translating, or creating derivative works based on the Platform’s Content or any part thereof is prohibited, except if, and only to the extent that, such activity is expressly permitted by applicable law notwithstanding this limitation.

  8. Copying, reproducing, redistributing, ripping, recording, transferring, performing, framing, linking, or publicly displaying, transmitting, or making available to the public, or any other use not expressly permitted under the Terms or applicable laws, or otherwise violating intellectual property rights, is prohibited.

  9. Importing or copying local files for which the Client does not possess the necessary legal rights is prohibited.

  10. Crawling or scraping, either manually or through any automated means (including bots, scrapers, and spiders), to view, access, or collect information, or using any part of the Platform or Content to optimize a machine learning or AI model or ingest DDA Library content into a machine learning or AI model, is prohibited.

  11. Transferring cached Content from one authorized platform to any other platform by any means is prohibited.

  12. Selling a user account or any material collected from DDA is prohibited.

  13. Accepting or offering to accept any compensation, financial or otherwise, to influence views, downloads, or interactions with specific Content is prohibited.

  14. Manipulating the number of comments or interactions, promoting Content, or engaging in other fraudulent maneuvers, including (1) using bots, scripts, or other automated processes, (2) providing or accepting any form of compensation (financial or otherwise), or (3) any other means, is prohibited.

  15. Circumventing any technology used by DDA or third parties, including any territorial or other access restrictions to Content applied by DDA, is prohibited.

  16. Circumventing or blocking advertisements or creating or distributing tools designed to block advertisements is prohibited.

  17. Removing or modifying any copyright, trademark, or other intellectual property notices (even to conceal or alter any indicators of ownership or origin) is prohibited.

  18. Deleting or modifying any part of the Platform or Content, unless expressly permitted, is prohibited.

  19. Sharing your password with anyone else or using another person’s username and password is prohibited.

  20. Any use of the Platform and Content other than for its intended purposes is prohibited. The use of the Platform and Content other than as specifically authorized under these Terms, without the prior written consent of DDA, is strictly prohibited and may constitute a violation of intellectual property rights or other laws. Unless explicitly stated in these Terms, DDA does not grant any license relating to intellectual property rights by estoppel, implication, or other legal principles.

Infringement Complaints

DDA respects the rights of intellectual property owners. If the Client believes that Content violates their copyright, they can contact Gerard, the above-mentioned professional.

3. Client Content

DDA provides a Community within DDA Library, offering services such as chat, message boards, etc. Through these services, the Client can create, publish, transmit texts, images, videos, and other materials (collectively Client Content).

The Client is solely responsible for all content they publish and ensures that the content complies with these Terms’ guidelines (See ART. 4 of these Terms).

DDA may, but is not obligated to, monitor or review Client Content. DDA reserves the right to delete or disable Access to Client Content for any reason or without providing a specific reason. DDA may take these actions without notice.

DDA disclaims all responsibility for Client Content and the damages caused by it, within the limits allowed by applicable law. Additionally, DDA assumes no responsibility for errors, defamation, slander, omissions, falsehoods, obscenity, pornography, or vulgarity to which the Client may be exposed while using DDA Library.

The use of DDA Library by the Client is at their own risk. Additionally, these rules do not constitute an enforceable right for third parties and do not imply a reasonable expectation that DDA Library will exclude content prohibited by these rules.

DDA assumes no responsibility for the statements or declarations made in Client Content.

DDA does not share or endorse Client Content, including opinions, recommendations, or advice expressed in it, and disclaims all responsibility related to such Content.

DDA reserves the right to remove, evaluate, or modify Client Content posted or stored on the Platform, even if it violates these Terms or applicable law, with prior notice. The use of DDA Library in violation of the Guidelines in ART. 4 of these Terms constitutes a violation of these Terms and may result in the suspension or termination of the Client’s right to use the Platform, as described in section “e” of ART. 2.3.

  1. Licensing of Client Content


    Unless otherwise agreed in writing between the Client and DDA, if the Client decides to submit, transmit, create, or publish Client Content using the Platform, they grant DDA an unlimited, global, irrevocable, fully sublicensable, non-exclusive, and royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, perform, and display the Client Content, in any form, format, medium, and channel currently known or that may be developed or discovered in the future.

    This includes the use of Client Content to promote and distribute DDA Library or parts of it, as well as related derivative works.

    Additionally, DDA will have the right to use the Client’s name, identity, likeness, and voice, as well as other biographical data, concerning Client Content. Finally, DDA will have the right to monetize DDA Library through the exercise of the rights listed above.

    If such Client Content contains the name, identity, likeness, and voice (or other biographical data) of third parties, the Client represents and warrants that they have obtained the appropriate consents and/or licenses to use such elements and that DDA is authorized to use them to the extent specified in these Terms.

  2. Statements and Warranties Related to Client Content


    The Client is fully responsible for their Content and the consequences resulting from its publication or dissemination.

    Additionally, the Client represents and warrants as follows:

    I. They are the author or owner of the Client Content or have sufficient rights and permissions to grant the rights listed here.

    II. The Client Content does not contain viruses, adware, spyware, worms, or other malicious code.

    III. The Client Content does not violate the rights of third parties, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, and other intellectual or industrial property rights, and does not defame others.

    IV. The Client Content does not contain non-public “preview” or “beta” versions of software or articles or other confidential information of DDA or third parties unless with prior written authorization. In case of violation of these representations and warranties, DDA reserves all rights and remedies against the Client.

    Therefore, the Client agrees to be personally liable for any damages caused to third parties and/or DDA as a result of the Client Content they publish on the Platform.

4. Risk Related to Uploaded Content

DDA takes reasonable security measures to protect Client Content from unauthorized copies and distribution.

However, it cannot guarantee that unauthorized copies, uses, or distributions of Client Content will not occur.

The Client agrees that DDA will not be liable for any unauthorized copies, uses, or distributions of Client Content by third parties and irrevocably waives any claims against DDA related to such unauthorized copies or uses of Client Content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SECURITY MEASURES ADOPTED BY DDA TO PROTECT USER CONTENT ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY, CONDITION, ASSURANCE, OR OTHER CLAUSE THAT GUARANTEES THEY WILL BE ABLE TO RESIST ATTEMPTS TO CIRCUMVENT SECURITY MECHANISMS OR THAT SUCH SECURITY MEASURES WILL NOT BE BREACHED, DISABLED, OR OTHERWISE EVADED.

5. Customer Support, Information, Questions, and Complaints

For customer support with questions related to the Account and payment, or questions related to DDA Library or these Terms (Customer Support Requests), please contact the professional Gerard (gerard@datadrivenaba.com).

Art. 4 – Customer Guidelines

When using DDA Library, the Customer AGREES to adhere to the following Guidelines, as well as all applicable laws, rules, and regulations, and to respect intellectual property, privacy, and other rights of third parties.

Periodically, DDA may update these Guidelines without directly informing the Customer, and such changes do not affect or alter any other part of the Terms described herein.

The Customer is required to respect DDA, the DDA Library Platform, the owners of the materials and Content, and other Customers.

Any activity the Customer engages in (for example, but not limited to: posting Content, making comments, providing information, registering or using a username) must not be or include material that:

  1. Is illegal or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, publicity rights, or proprietary rights of DDA or third parties, or violates any agreement in which the Customer is a party, such as, for example, but not limited to, an exclusive registration or publishing agreement.

  2. Includes the Customer’s password or intentionally contains the password of any other Customer or personal data of third parties or is intended to solicit such personal data.

  3. Discloses confidential or proprietary information of third parties or personal information not intended to be transmitted to others worldwide.

  4. Contains harmful content such as malware, Trojan Horses, or viruses, or otherwise interferes with any Customer’s access to DDA Library.

  5. Includes links, references, or other unauthorized promotions of commercial products or services, unless explicitly authorized by DDA.

  6. Includes unauthorized commercial or sales activities, such as advertising, promotions, contests, lotteries, gambling, betting, or pyramid schemes.

  7. Interferes with or alters the Platform in any way, manipulates, violates, or attempts to detect, identify, or test vulnerabilities in DDA Library or its computer systems, network, rules of use of DDA Library, or any security component, authentication measure, or any other protection measure applicable to DDA Library or the Content.

  8. In whole or in part, conflicts with the Terms of Use of DDA Library or any other terms or policies applicable to the Customer’s use of the Services.

    The user also may not use DDA Library if they have been expelled from DDA Library due to a violation of terms and policies, such as inserting a prohibited video, document, or content. This violation includes creating or reposting content with the same intent or objective as previously removed content.

    The Customer ALSO AGREES not to:

  9. Create, upload, transmit, distribute, or store inaccurate, illegal, counterfeit, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inciting, or otherwise objectionable content.

  10. Engage in fraudulent activities such as pretending to be another person or company, falsely claiming an affiliation with individuals or entities, accessing other DDA Library Accounts without authorization, forging another person’s digital signature, and misrepresenting the origin, identity, or content of information transmitted on the Platform, as well as engaging in other similar fraudulent activities.

  11. Impersonate or falsely claim affiliation with DDA Library (e.g., by using copyrighted DDA content, using the DDA logo without authorization, or otherwise using DDA trademarks in a confusing manner), another Customer, person, or entity, or otherwise act fraudulently, falsely, misleadingly, or deceptively.

  12. Send unsolicited messages (junk mail or spam) to Customers of the Platform and DDA, including, but not limited to, unsolicited advertisements, promotional materials, other solicitation materials, mass email advertising, chain letters, informational notices, charity requests, petitions, or any other process related to free giveaways (e.g., lotteries and contests) or similar activities.

  13. Collect email addresses or other contact information from other Customers.

  14. Defame, harass, abuse, threaten, or defraud DDA Library Customers or collect, attempt to collect personal data from Customers or third parties without their consent.

  15. Delete, remove, bypass, disable, damage, or interfere in any way with (a) DDA Library’s security features or Content, (b) features that prevent or restrict the use or copying of Content accessible through the Platform, (c) features that limit the use of the Platform or Content, or (d) remove references to copyright or other intellectual property rights from the Platform or Content.

  16. Manipulate identifiers to disguise the origin of Content transmitted through the Platform.

  17. Attempt to access Content or areas of the Platform that the user is not authorized to access.

Art. 5 – Issues and Disputes

1. Suspension and Closure of DDA Library

These Terms will continue to apply until terminated by either the Customer or DDA. DDA may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend the Customer’s Access to DDA Library or even just a part of it, as described in section “e” of ART. 2.3.

In the event the Customer terminates these Terms, they agree that DDA is not responsible to the Customer, unless expressly provided in these Terms, and that DDA will not refund amounts already paid by the Customer. The Customer may continue to use the Platform until the expiration of the purchased Subscription Plan.

The Customer may terminate these Terms at any time, in which case they will no longer be able to access or use DDA Library after the expiration of the Subscription Plan. For information on how to terminate the account, contact Gerard, the aforementioned professional (gerard@datadrivenaba.com).

Articles 2 (The DDA Library Service Provided), 3 (Use of DDA Library), 5 (Issues and Disputes), 6 (Information about these Terms), as well as any other article of these Terms that, explicitly or by their nature, must remain in effect even after the termination of these Terms, will survive termination. This is valid regardless of who terminates these Terms.

2. Warranty Exclusions

DDA is committed to providing scientific content based on authoritative sources in a clear and accessible manner. However, it should be noted that both the Platform and its Content are provided as they are and as available, without any explicit, implied, or statutory warranty.

DDA disclaims all other warranties, whether explicit or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, even in relation to the information, Content, or materials.

DDA does not represent or warrant that the Content or information on the Platform is accurate, complete, reliable, up-to-date, or error-free.

DDA disclaims any responsibility for typographical errors or omissions related to texts, images, videos, or audio.

The Customer is responsible for using recognized antivirus software to protect their platform and downloaded content from viruses or other harmful components.

DDA cannot guarantee that the platform or the servers hosting the content are free of viruses or other harmful components. The information and recommendations provided by DDA through the platform or related channels do not constitute an explicit or implied warranty.

DDA makes no representations, nor does it warrant or assume any responsibility for third-party applications (or their content), Customer Content, devices, or any product or service advertised, promoted, or offered by third parties in or through DDA Library or any hyperlinked website.

DDA assumes no responsibility for any transactions between the Customer and third-party providers related to the above. Any information and/or content obtained from DDA does not create any warranty on behalf of DDA.

While using DDA Library, the Customer may access tools to filter content. However, these filters may not completely block certain content, so it is not advisable to rely entirely on them. The validity of this section is determined to the maximum extent permitted by applicable law.

DDA assumes no responsibility for the application of behavioral procedures or any content shown or described in the Platform’s Content. The Customer decides under their total responsibility whether or not to apply what is shown and described in the Content.

In case of doubts or psychological and/or behavioral issues, it is suggested to refer to a qualified professional. DDA Library does not in any case replace the intervention of a qualified and responsible professional. DDA Library is solely intended to provide Content without any implied and/or explicit application guidance on its use and should not be understood as a guide to solving behavioral and/or psychological problems concerning oneself or one’s relatives.

3. Limitation of Liability and Damages

According to applicable law, the Customer agrees that the only remedy available for any problems or dissatisfaction with DDA Library is the deletion of the Account and cessation of the use of DDA Library.

Furthermore, the Customer acknowledges that DDA has no responsibility or obligation regarding third-party applications or their content available through or in connection with DDA Library. Although relationships with such third-party applications may be governed by separate agreements, the Customer’s only remedy, in relation to DDA Library, for any problems or dissatisfaction with third-party applications or their content, is to uninstall or stop using such third-party applications/services.

To the maximum extent permitted by applicable law:

  1. DDA shall not be liable for direct, indirect, consequential, or other damages, including loss of use, loss of profits, or loss of data, arising out of the use or inability to use DDA Library, the Platform, or the Content. This liability includes damages arising from the Customer’s reliance on information provided by DDA, as well as errors, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays, or malfunctions, regardless of the causes (force majeure, communication malfunctions, thefts, destruction, or unauthorized access to records, programs, or services provided by DDA).

  2. In no event shall DDA’s total liability, whether in contract, warranty, tort, product liability, strict liability, or otherwise, arising from the use or inability to use DDA Library, exceed the amount paid by the Customer to access the Platform in the month corresponding to the date of the claim. Should applicable law prohibit the limitation of such liability, DDA will limit its liability to the maximum extent permitted by applicable law.

For greater clarity, these Terms do not limit DDA’s liability in the event of fraud, misrepresentation, death, or personal injury to the extent that applicable law prohibits such limitation, and any other liability that, under applicable law, cannot be limited or excluded.

The liability limitations provided also apply to damages suffered by the Customer due to products or services sold or provided on linked sites or by third parties other than DDA Library, which the Customer uses through DDA Library or that are advertised on the Platform, or which are used through linked sites.

4. Indemnification

To the maximum extent permitted by applicable law, the Customer agrees to indemnify and hold DDA harmless from and against any direct losses, damages, expenses, costs, and liabilities, including legal fees and expenses incurred or sustained by DDA arising from or related to:

  1. Access, use, or misuse of the Platform.

  2. Violation by the Customer of any of these Terms (including any additional terms and conditions of DDA Library incorporated herein).

  3. Any Customer Content posted by the Customer or to which the Customer has contributed.

  4. Any activity in which the Customer engages in or through the use of DDA Library.

  5. The Customer’s violation of any law or the rights of third parties.

  6. Disputes with other Customers or third parties in connection with the use of the Platform.

The Customer agrees to promptly notify Gerard, the aforementioned professional, of any third-party claims relating to DDA Library, and DDA reserves the right, at the Customer’s expense, to assume the defense and exclusive control of any matter for which the Customer is required to indemnify DDA, who agrees to cooperate with DDA in contesting such claims.

DDA will make reasonable efforts to inform the Customer of such claims, actions, or proceedings as soon as it becomes aware of them.

5. Governing Law and Jurisdiction

These Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Switzerland, regardless of choice or conflict of law principles, and must be brought and resolved in a Swiss court in the Canton of Schaffhausen.

Moreover, the Customer and DDA agree to the exclusive jurisdiction of the Swiss courts in the Canton of Schaffhausen to resolve any dispute, claim, or controversy arising in connection with the Terms (and any non-contractual disputes/claims arising out of or in connection with them).

The parties expressly agree that the place of execution of the contract is Schaffhausen, the workplace of the Data Driven ABA group.

6. Class Action Waiver

WHERE PERMITTED BY APPLICABLE LAW, THE CUSTOMER AND DDA AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

7. Dispute Resolution

Before taking any legal action, the Customer and DDA will seek to resolve any dispute regarding these Terms through out-of-court negotiations in good faith.

In any case, any cause of action or claim that the Customer may have in connection with these Terms or DDA Library must be initiated within 1 month after the cause of action arose and in any case in accordance with applicable laws; otherwise, such cause of action or claim is permanently barred.

Art. 6 – Information About These Terms

Under applicable law, the Customer may have certain rights that cannot be limited by a contract. These terms are not intended to limit those rights in any way.

1. Modifications

DDA may periodically modify these Terms, including any additional terms and conditions of DDA Library, to adapt them to changes in the product offerings and features, business, or economic context, as well as for security, legal, or regulatory reasons.

DDA will notify the Customer of such changes at least 30 days in advance, using any reasonable means, including posting the applicable modified agreement for DDA Library. In the case of material changes, DDA will supplement such notice with communication via email to the address with which the Customer registered with DDA Library or with a popup message within the service or by other means.

In the event of changes to the Terms or other terms and conditions of DDA Library incorporating such changes, those changes will not apply to disputes already existing between DDA and the Customer. This clause does not apply if the Customer was informed otherwise.

Using DDA Library after changes to these Terms are introduced will be considered acceptance of the same. If the Customer does not wish to continue using DDA Library under the updated Terms, they may close their account. Contact Gerard, the aforementioned professional (gerard@datadrivenaba.com), if you need instructions on how to close your account. The effective date at the end of this document indicates the date of the last modification made to the Terms.

2. Entire Agreement

Except as provided in this section or as explicitly agreed in writing between the Customer and DDA, these Terms constitute all the terms and conditions agreed upon between the Customer and DDA and replace any prior agreements related to the subject matter of these Terms, whether written or oral.

3. Severability and Waiver

Unless otherwise specified in these Terms, if any provision of these Terms is found to be invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and that provision will be enforced to the extent permitted by law.

The failure of DDA or any third-party beneficiary to exercise or enforce any right or provision of these Terms does not waive DDA’s or the third-party beneficiary’s right to do so.

If DDA does not exercise or enforce any right or provision under these Terms, this does not constitute a waiver of that right or provision.

Waiver of a provision under these Terms will only be effective if expressed in writing and signed by the party waiving the provision.

4. Assignment

DDA has the right to assign one or all of these Terms and to assign or delegate, in whole or in part, its rights or obligations under these Terms. The Customer does not have the right to assign these Terms, in whole or in part, nor to transfer or sublicense their rights under these Terms to third parties.

Last updated: August 19, 2024

Privacy Policy for the DDA Library Service

Last updated: August 21, 2024.

DDA Library is an online learning platform (hereinafter referred to as the “Platform“) owned by Data Driven ABA (hereinafter “we,” “our,” “us,” “DDA”). This Privacy Policy describes how we collect, use, and protect your personal data when you access and use the DDA Library service (hereinafter the “Service“). Additionally, we inform you of the transfer of your personal data to the United States in accordance with Article 6 “Notice on the Transfer of Personal Data” of this document.

Art. 1 – Data Controller

The data controller is Data Driven ABA, a group of independent professionals collaborating under a single name. The members of the group are listed in the document “Contratto dei membri Data Driven ABA relativo al progetto DDA Library” (Contract of Data Driven ABA Members related to the DDA Library project) signed on March 25, 2024. Each member is independent in managing their service, but the data collected for the use of the Platform may be shared within the group as outlined in this policy.

Art. 2 – Personal Data Collected

During registration and use of the Platform, we collect the following personal data:

  1. Identifying Data: Name, surname, email address.
  2. Optional Data: Any other information you voluntarily upload to the Platform or share within the Community (defined as the set of information, comments, and materials that customers can upload or share on the Platform), including but not limited to: your image, self-descriptions or descriptions of personal events, etc.

This data is received by Data Driven ABA only after your registration and after you have made the payment for access to the Platform and always after subscribing to a subscription plan.

Art. 3 – Purposes of Data Processing

We process your personal data for the following purposes:

  1. Service Provision: We use the data to enable access to the Platform and its content, as well as to facilitate your participation in the Community.
  2. Communications: With your explicit consent, we may send you email communications regarding service updates or promotions. You can always choose to unsubscribe from these communications at any time using the unsubscribe link in the emails or by contacting us directly.
  3. Legal Compliance: We process data to fulfill legal obligations and applicable regulations.

Art. 4 – Data Sharing

When you register on the platform, your data is initially received by Mighty Software, Inc. (based in the United States) at the time you register on the Mighty Software, Inc. website. After you have made the payment for the DDA Library service, your data is transferred by Mighty Software, Inc. to Data Driven ABA to facilitate the operation of the DDA Library service.

If, during the use of the DDA Library service, you share data with other members of the community (who may be located in various parts of the world), such data will be shared under your responsibility. Data Driven ABA has no direct control over how community members manage the data you choose to share, which is why we encourage you to follow the data protection guidelines provided by the Platform and by Mighty. Each community user is still required to comply with applicable data protection regulations.

Art. 5 – Data Transfer Abroad

Since Mighty Software, Inc. is based in the United States, when you register on the Mighty Software, Inc. website, your data is transferred and processed in the United States. To ensure adequate protection of personal data transferred to the United States, standard contractual clauses (SCC) are adopted as provided by the European Commission and the Swiss Federal Data Protection and Information Commissioner (IFPDT), in accordance with the Swiss Federal Data Protection Act (LPD) and the GDPR. These clauses ensure that your data is processed securely and in accordance with applicable regulations.

If, during the use of the DDA Library service, you share data with one or more community members, such data may be transferred to a foreign country without direct control by Data Driven ABA. As mentioned above, Data Driven ABA and Mighty Software, Inc. have taken all necessary measures to ensure the security and protection of your personal data, including encryption and the use of Standard Contractual Clauses, in accordance with the GDPR and the Swiss Federal Data Protection Act. However, the management of the data you choose to share with other community members will be under their individual responsibility. Data Driven ABA educates community users on the importance of complying with data protection regulations, but we invite you to act cautiously when sharing your information. As a user, you have full control over the sharing of your data and are encouraged to make informed decisions regarding such sharing.

For more information on the transfer of your personal data, please refer to Article 6 “Notice on the Transfer of Personal Data” of this document.

Art. 6 – Notice on the Transfer of Personal Data

This notice refers to the provisions outlined in:

  1. DDA Library Terms and Conditions of August 19, 2024 and subsequent updates.
  2. Mighty Networks’ Terms of Use of April 1, 2024 and subsequent updates.
  3. Mighty Networks Privacy Policy of April 1, 2024 and subsequent updates.
  4. Mighty Networks EU, UK, and Swiss Data Processing Addendum of June 20, 2023 and subsequent updates.
  5. Mighty Networks EU Data Processing Addendum Schedule 1 of May 5, 2022 and subsequent updates.
  6. Swiss Federal Data Protection Act of September 1, 2023 and subsequent updates.
  7. Regulation (EU) 2016/679 (General Data Protection Regulation or “GDPR”) and subsequent updates.

    We hereby inform you that, in accordance with Regulation (EU) 2016/679 (General Data Protection. Regulation or “GDPR”) and the Swiss Federal Data Protection Act of  September 1, 2023 (“LPD”), your personal data will be transferred to the United States for the following purposes:

  8. Providing the services of Mighty Software, Inc (“Mighty Networks”) to the owners of DDA Library (Host).
  9. Fulfilling the obligations of Mighty Networks as provided by the Mighty Networks’ Terms of Use (including the Mighty Networks EU, UK, and Swiss Data Processing Addendum).
  10. Analyzing the use of DDA Library.
  11. Preventing misuse of the services of Mighty Networks and as otherwise agreed by the parties.
  12. Providing DDA Library services.
  13. Managing DDA Library user accounts.
  14. Improving the DDA Library service offered.
  15. Complying with the law.


Data Transmission Security

We wish to inform you that data transmission over the Internet cannot be guaranteed as completely secure. In particular, the transfer of your personal data to the United States carries some inherent security risks, as U.S. laws may allow public authorities to access transferred data without an equivalent level of protection as guaranteed in the European Union or Switzerland. We adopt Standard Contractual Clauses to minimize such risks.

We inform you that both the GDPR and the LPD require that the transfer of your personal data to a third country, such as the United States, is subject to specific safeguards to protect your rights. Since the United States currently does not have an adequacy decision from the European Commission or the Swiss Federal Council, we adopt Standard Contractual Clauses and other protective measures to ensure the security of your data.

Your Rights (according to GDPR and LPD):

  1. You have the right to be informed in a transparent and clear manner about how your data will be processed and transferred.
  2. You can request further details on the security measures taken to protect your personal data during the transfer.
  3. You can withdraw your consent at any time by contacting us at gerard@datadrivenaba.com, without affecting the lawfulness of the processing based on consent before its withdrawal.
  4. You have the right to access your data, rectify it, delete it, or object to its processing in accordance with GDPR and LPD.
  5. In case of breaches of your personal data security or other relevant issues, we will notify you promptly, as required by regulations.

Art. 7 – Data Retention

This notice refers to the provisions outlined in:

  1. DDA Library Terms and Conditions of August 19, 2024 and subsequent updates.
  2. Mighty Networks’ Terms of Use of April 1, 2024 and subsequent updates.
  3. Mighty Networks Privacy Policy of April 1, 2024 and subsequent updates.
  4. Mighty Networks EU, UK, and Swiss Data Processing Addendum of June 20, 2023 and subsequent updates.
  5. Mighty Networks EU Data Processing Addendum Schedule 1 of May 5, 2022 and subsequent updates.
  6. Swiss Federal Data Protection Act of September 1, 2023 and subsequent updates.
  7. Regulation (EU) 2016/679 (General Data Protection Regulation or “GDPR”) and subsequent updates.

We hereby inform you that, in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation or “GDPR”) and the Swiss Federal Data Protection Act of September 1, 2023 (“LPD”), your personal data will be transferred to the United States for the following purposes:

  1. Providing the services of Mighty Software, Inc (“Mighty Networks”) to the owners of DDA Library (Host).
  2. Fulfilling the obligations of Mighty Networks as provided by the Mighty Networks’ Terms of Use (including the Mighty Networks EU, UK, and Swiss Data Processing Addendum).
  3. Analyzing the use of DDA Library.
  4. Preventing misuse of the services of Mighty Networks and as otherwise agreed by the parties.
  5. Providing DDA Library services.
  6. Managing DDA Library user accounts.
  7. Improving the DDA Library service offered.
  8. Complying with the law.

Data Transmission Security

We wish to inform you that data transmission over the Internet cannot be guaranteed as completely secure. In particular, the transfer of your personal data to the United States carries some inherent security risks, as U.S. laws may allow public authorities to access transferred data without an equivalent level of protection as guaranteed in the European Union or Switzerland. We adopt Standard Contractual Clauses to minimize such risks.

We inform you that both the GDPR and the LPD require that the transfer of your personal data to a third country, such as the United States, is subject to specific safeguards to protect your rights. Since the United States currently does not have an adequacy decision from the European Commission or the Swiss Federal Council, we adopt Standard Contractual Clauses and other protective measures to ensure the security of your data.

Your Rights (according to GDPR and LPD):

  1. You have the right to be informed in a transparent and clear manner about how your data will be processed and transferred.
  2. You can request further details on the security measures taken to protect your personal data during the transfer.
  3. You can withdraw your consent at any time by contacting us at gerard@datadrivenaba.com, without affecting the lawfulness of the processing based on consent before its withdrawal.
  4. You have the right to access your data, rectify it, delete it, or object to its processing in accordance with GDPR and LPD.
  5. In case of breaches of your personal data security or other relevant issues, we will notify you promptly, as required by regulation

Your personal data will be retained for a maximum period of 10 years from the last interaction with the service, unless an earlier deletion request or closure of the Platform occurs. In exceptional cases, data may be retained for a longer period solely to comply with legal or contractual obligations. At the end of the retention period, the data will be permanently deleted in a secure manner.

Art. 8 – User Rights

Regarding the data and information provided on the Platform, you have the right to:

  1. Access your personal data.
  2. Request the rectification or deletion of your data.
  3. Restrict the processing of your data under certain circumstances.
  4. Object to the processing of your data for marketing purposes.
  5. Withdraw consent for data processing at any time without affecting the lawfulness of processing based on consent before its withdrawal.

To exercise these rights, contact us via the contact form available on our website www.datadrivenaba.com or use the tools directly provided by the Platform.

Art. 9 – Data Protection

We adopt appropriate technical and organizational measures, including Standard Contractual Clauses (SCC), to protect your personal data against unauthorized access, accidental loss, disclosure, or destruction. These measures include security protocols, encryption, and regular controls to ensure compliance with applicable regulations.

Mighty Networks uses full encryption for data at rest and during transfer, with pseudonymization for analytical data. Systems are hosted in AWS Virtual Private Networks, with firewalls and redundancy to ensure availability and resilience. Security measures include backups with recovery within 60 minutes, log audits via GitHub and AWS CloudTrail, and configurations managed through standard practices. Physical security is ensured by AWS, with strictly controlled access. For details on the security systems applied by Mighty Networks, refer to the document “Mighty Networks EU, UK, and Swiss Data Processing Addendum” dated June 20, 2023.

However, no security system is impenetrable, and data transmission over the Internet cannot be guaranteed as completely secure. You use the Platform at your own risk.

Art. 10 – Changes to the Privacy Policy

We may update this Privacy Policy periodically to reflect any changes in our services or applicable regulations. In case of significant changes resulting in substantial variations in the processing of your personal data, we will request your renewed consent. We will notify you via the email address you registered with for the DDA Library service, or through communication within the Platform.

For any questions or requests regarding this Privacy Policy, please contact us through the contact form on our website www.datadrivenaba.com.

In Addition to This Document, Please Also Read:

  1. DDA Library Terms and Conditions dated August 19, 2024 and subsequent updates.
  2. Mighty Networks’ Terms of Use dated April 1, 2024 and subsequent updates.
  3. Mighty Networks Privacy Policy dated April 1, 2024 and subsequent updates.
  4. Mighty Networks EU, UK, and Swiss Data Processing Addendum dated June 20, 2023 and subsequent updates.
  5. Mighty Networks EU Data Processing Addendum Schedule 1 dated May 5, 2022 and subsequent updates.
  6. Swiss Federal Data Protection Act dated September 1, 2023 and subsequent updates.
  7. Regulation (EU) 2016/679 (General Data Protection Regulation or “GDPR”) and subsequent updates.

Art. 11 – Consent Statement

By registering, paying, and accessing the DDA Library through the Mighty Networks website, I declare that I:

  1. Have read and understood the above information.
  2. Am aware that my personal data will be transferred to the United States for the purposes described.
  3. Am aware that the level of data protection in the United States may not be equivalent to that guaranteed in the European Union and Switzerland.
  4. Am aware that, despite the measures taken, the absolute security of data transmitted via the Internet cannot be guaranteed, and that there are potential risks of unauthorized access to my data during transmission.
  5. Consent to the transfer of my personal data to the United States, knowing that I can withdraw consent at any time.

I also declare that I have read, understood, and accepted this Privacy Policy and the Notice on the Transfer of Personal Data contained herein (Article 6), and consent to the transfer of my personal data to the United States as described in this document and in accordance with the Mighty Networks Privacy Policy dated April 1, 2024 (and subsequent updates), Mighty Networks EU, UK, and Swiss Data Processing Addendum dated June 20, 2023 (and subsequent updates), and Mighty Networks EU Data Processing Addendum Schedule 1 dated May 5, 2022 (and subsequent updates), as well as with the Swiss Federal Data Protection Act dated September 1, 2023 (and subsequent updates) and Regulation (EU) 2016/679 (and subsequent updates). I am aware of the associated risks and know that I can withdraw my consent at any time.

Last updated: August 21, 2024.