Contents
Preamble: Agreement to Terms
By utilizing the BAGGED™ Free To Move™ service (the "Service"), you ("User") implicitly agree to the terms outlined in this Data Policy. You acknowledge that the Service generates unique and valuable data derived from the exclusive movement and logistics of your luggage. You agree that this data is subject to monetization and that CLUB 111 The IDEA Fountain LLC reserves the exclusive rights to custody, manage, facilitate, and use this data as its sole property.
1.1 Data Ownership and Rights
The User acknowledges and agrees that all data, information, or content submitted to, collected by, or processed through the BAGGED™ Free To Move™ service (hereinafter "Data") is, and shall remain, the exclusive property of CLUB 111 The IDEA Fountain LLC (hereinafter "Company"). The Company reserves and shall have the exclusive, perpetual, irrevocable, worldwide, royalty-free, and transferable right to:
- Custody: Store, hold, and maintain possession of all Data in its possession or under its control.
- Manage: Organize, structure, and control the Data, including determining the methods and means of processing.
- Facilitate: Use the Data to provide, maintain, and improve the services offered to the User and for its other legitimate business purposes, including developing and distributing anonymized or aggregated indicators, indices, or trends for third parties.
- Use: Analyze and utilize the Data to operate the service, personalize the User's experience, and fulfill any other purpose authorized by this Agreement.
- Transfer: Transfer the Data to third parties as necessary to provide the services or as otherwise permitted under this Agreement.
1.2 Data Protection
The Company agrees to implement and maintain commercially reasonable technical, administrative, and physical safeguards to protect the security, confidentiality, and integrity of the Data. This includes preventing unauthorized access, use, or disclosure. The User acknowledges that no data transmission or storage is 100% secure and that the Company cannot guarantee absolute security.
1.3 User Representations and Responsibilities
The User represents and warrants that they have all necessary rights and permissions to provide the Data to the Company. The User agrees to comply with all applicable laws and regulations concerning their provision of Data and its use by the Company.
Explanation of Clauses
The language in this policy is drafted to be as broad as possible to protect the Company's strategic interests.
"Exclusive rights" is a critical legal term that prevents others, including the user, from claiming rights to the data.
"Custody," "manage," "facilitate," and "use" are defined to provide specific, legally-binding explanations for the company's control over the data.
"Perpetual and irrevocable" ensures that the company's rights do not expire, even after the user terminates their account.
The clause concerning "anonymized or aggregated indicators" is a standard practice for many technology companies that use user data to derive market trends and patterns.
The "Data Protection" clause is legally necessary to show compliance with security obligations and manage liability in case of a data breach.
The "User Representations and Responsibilities" clause protects the company by ensuring the user is legally allowed to provide the data in the first place.