Hi there! Welcome to Day One Agency’s Group Chat. We’re thrilled you’re here. You might recognize us from our work with Chipotle, e.l.f., or Converse. We’re an award-winning creative communications agency based in New York, LA, Chicago, and Portland, and our Group Chat is a diverse and geographically dispersed crew of curious, enthusiastic, and culturally savvy Gen Zers eager to engage with us and each other. Want to join? Here are the details.
- Join our D1A Group Chat Slack channel
- Answer weekly questions
- Participate in regular surveys on subjects that interest you
- Join us IRL for panels and networking events
- Occasionally engage with clients (if you're interested!)
- Cash! We’ll pay per project, on a sliding scale
- Prizes! In addition to cash we’re excited to offer a range of prizes for regularly engaged participation, think gift cards, complimentary tickets to cultural events, books we’re excited about, and more
- IRL events. We’re taking Group Chat on the road with a series of happy hours and events featuring speakers, drinks, snacks, and the opportunity to connect offline
OPPORTUNITIES.
D1A hereby authorizes Individual to participate in the Program, which may make available the following opportunities (collectively, “Opportunities” and any such opportunity, an “Opportunity”). to Individual via access to the Program’s dedicated Slack Channel or other venue for the dissemination of such opportunities (collectively, the “Channels”): (i) answering questions posed by D1A’s clients or other partners; (ii) participation in trend reports; (iii) marketing activities; (iv) special events and promotions; and (v) other opportunities as may be made available by D1A in writing. In exchange for Individual’s participation in any of the foregoing Opportunities, and completion of any requirements set forth by D1A in connection therewith, D1A shall provide the compensation indicated by D1A in writing when offering such Opportunity (“Rewards”). For the avoidance of doubt, Individual shall only be entitled to such compensation if: (x) D1A accepts and confirms in writing Individuals’ acceptance by D1A for such Opportunity; (y) Individual completes all specified requirements for such Opportunity (which may be amended by D1A any time prior to full completion and satisfaction thereof); and (z) D1A provides written acceptance of the requirements completed by Individual.
DUTIES OF INDIVIDUAL.
2.1. Restriction on Certain Activities. During the Term (as defined below), Individual will not (directly or indirectly through any associated company) be employed by, or receive any compensation from, any other agency engaged in business(es) similar to those of D1A.
2.2. Community Guidelines. Individual will abide by the following guidelines when participating in D1A Opportunities, including, without limitation, any participation by Individual in the Channels:
2.2.1. Individual will comply with all applicable laws relating to use of the Channels and will not use the Channels for any unlawful, deceptive, or fraudulent purpose;
2.2.2. Individual will not upload, post, e-mail, transmit, or otherwise make available any content on the Channels that:
infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
constitutes promotion or advertising of any third-party website, product or service; or
is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
2.2.3. Individual will not “stalk,” threaten, or otherwise harass another person;
2.2.4. Individual will not access or use the Channels to collect any market research for a competing business;
2.2.5. Individual will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
2.2.6. Individual will not interfere with or attempt to interrupt the proper operation of the Channels through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Channels through hacking, password or data mining, or any other means;
2.2.7. Individual will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Channels; and
2.2.8. Individual will not use any robot, spider, scraper, or other automated means to access the Channels for any purpose without our express written permission.
2.3. Costs. Individual will be solely responsible for its costs incurred in connection with this Agreement.
TERM AND TERMINATION.
3.1. Term. The term of this Agreement begins when D1A approves Individual’s acceptance to the Program and Individual accepts this Agreement, and ends when terminated in accordance with Section 3.2 (the “Term”).
3.2. Termination. Either party may terminate this Agreement for convenience at any time upon written notice to the other party.
3.3. Effect of Expiration or Termination. In the event of any termination of this Agreement: (i) D1A may revoke Individual’s access to the Channels; (ii) Individual will (as requested by D1A) promptly destroy or return to D1A all copies of any proposals, specifications, pricing information, or other Confidential Information (as defined below); and (iii) unless this Agreement is terminated by D1A pursuant to Section 3.2.2, D1A will provide Individual any Rewards (or at D1A’s option for non-cash Rewards, the cash value thereof, as determined in D1A’s reasonable discretion) then due and owing. Except as provided in the preceding sentence, upon any termination of this Agreement, D1A will not be required to pay Individual any amounts whatsoever, and Individual hereby waives any and all indemnities, termination damages, or special damages of any other kind.
3.4. Survival. The following provisions will survive any termination or expiration of this Agreement: Section 3.3 (“Effect of Expiration or Termination”), this Section 3.4 (“Survival”), Section 5 (“Indemnity”), Section 6 (“Confidential Information”), and Section 7 (“General Provisions”).
REPRESENTATIONS AND WARRANTIES.
Individual represents and warrants that: (i) it shall perform its obligations hereunder in a professional, workmanlike, and timely manner in accordance with all applicable laws, rules, and regulations; (ii) any content or materials provided to D1A by Individual in connection with this Agreement and/or any Opportunity shall not violate, misappropriate, or infringe the intellectual property, privacy, publicity, or other rights of any third party; (iii) it is a United States citizen, living in the United States, and is over the age of 18; and (iv) it has answered all questions on the Application and that all such answers are correct and accurate.
INDEMNITY.
Individual will indemnify, defend, and hold harmless D1A, and its affiliates, officers, directors, employees, and agents from any and all claims, demands, damages, actions, liabilities, costs, and expenses (including reasonable attorneys’ fees) in connection with Individual’s gross negligence, willful misconduct, breach of this Agreement, actions towards other participants in the Program, or violation of applicable law.
CONFIDENTIAL INFORMATION.
Individual acknowledges that D1A’s financial and business information (including, but not limited to, information regarding its customers, new initiatives, and other documentation) constitutes proprietary and confidential information of D1A or its customers (“Confidential Information”) and that the protection of the Confidential Information is of the highest importance. Individual will keep the Confidential Information in strict confidence, will not disclose the Confidential Information except as allowed by this Agreement, will take appropriate steps to ensure that persons authorized to have access to the Confidential Information refrain from any unauthorized reproduction or disclosure of the Confidential Information, and will restrict access to and disclosure of the Confidential Information to Individual personnel who have a need to know and who have agreed to treat the Confidential Information in accordance with this Section 8. If Individual becomes aware of any unauthorized disclosure or use of the Confidential Information, Individual will immediately notify D1A and will, upon D1A’s request, take whatever action is appropriate.
GENERAL PROVISIONS.
7.1. Relationship of the Parties. This Agreement does not create any relationship of agency, partnership, or employment between the parties. Individual is and will at all times remain an independent contractor. In no event will either party be deemed to act as the agent or legal representative of the other party, either express or implied, nor will either party have the express or implied right or power to act for or enter into any agreement on behalf of the other party or to otherwise bind the other party. Under no circumstance will either D1A or Individual represent or hold itself out as an agent of the other party.
7.2. Disclaimer. D1A EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, D1A MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE AMOUNT OR VALUE OF REWARDS THAT MAY BE EARNED BY INDIVIDUAL HEREUNDER.
7.3. LIMITATION OF LIABILITY. D1A’S MAXIMUM LIABILITY TO INDIVIDUAL FOR ANY DAMAGES OF ANY KIND ARISING UNDER CONTRACT, TORT, OR OTHER THEORY OF LIABILITY, AND WHETHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHERWISE SHALL NOT EXCEED $100. WITHOUT LIMITING THE FOREGOING, INDIVIDUAL EXPRESSLY ACKNOWLEDGES AND AGREES THAT: (I) INDIVIDUAL’S PARTICIPATION IN THE PROGRAM IS ENTIRELY VOLUNTARY; (II) INDIVIDUAL MAY CEASE PARTICIPATION IN THE PROGRAM AT ANY TIME; AND (III) D1A SHALL NOT BE HELD LIABLE BY INDIVIDUAL OR ANY PARTY CLAIMING RIGHTS THROUGH INDIVIDUAL FOR ANY DAMAGES OF ANY KIND THAT INDIVIDUAL MAY SUSTAIN IN CONNECTION WITH THE PROGRAM OR THIS AGREEMENT, OTHER THAN TO THE EXTENT CAUSED BY D1A’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT.
7.4. Governing Law and Forum. This Agreement, and any and all disputes directly or indirectly arising out of or relating to this Agreement, will be governed by and construed in accordance with the laws of the State of New York, without reference to the choice of law rules thereof. Each of the parties hereby irrevocably consents and submits to the exclusive jurisdiction of the state and federal courts located in New York, New York for any such disputes, and hereby irrevocably waives any objections to the laying of venue in such courts.
7.5. No Waiver. The failure of either party to act upon any right, remedy, or breach of this Agreement will not constitute a waiver of that or any other right, remedy, or breach. No waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.
7.6 Notices. All notices to a party under this Agreement (other than routine operational communications) will be delivered by hand or sent by express mail courier to: (i) in the case of Individual, the address stated on the Application; and (ii) in the case of D1A, 307 Seventh Ave, Fl 21, New York, NY 10001, Attn: CEO. Each party agrees to keep the other party informed of any changes to addresses.
7.7. Amendments. D1A reserves the right to modify the terms and conditions of this Agreement in its sole discretion at any time, and such changes will be effective immediately upon notice to Individual [or being posted on the AskGenZ.com website]. If any modification is unacceptable to Individual, Individual’s sole recourse is to terminate this Agreement. Individual’s continued participation in the Program (including via continuing to access to the Channels) after modification to the terms and conditions of this Agreement constitutes Individual’s binding acceptance to the change.
7.8. Class Action Waiver. Individual agrees that any proceeding arising from this Agreement shall be limited to the dispute between D1A and Individual individually. To the full extent permitted by law, (i) no proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. INDIVIDUAL AGREES THAT INDIVIDUAL MAY BRING CLAIMS AGAINST D1A ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
7.9. Assignment. Individual will not assign, delegate, or otherwise transfer any of its rights or duties under this Agreement without the prior, written consent of D1A, which consent may be given or withheld in D1A’s sole and absolute discretion. Any assignment, delegation, or other transfer not in accordance with this Section will be null and void. This Agreement is binding upon and will inure to the benefit of each party and their respective permitted successors or assigns.
7.10. Unenforceable Provisions. If any provision of this Agreement is held unenforceable by a court of competent jurisdiction, the other provisions will remain in full force and effect. If legally permitted, the unenforceable provision will be replaced with an enforceable provision that as nearly as possible gives effect to the parties’ intent.
This privacy policy (“Privacy Policy”) describes how we at Day One Perspective, LLC. (“Day One Agency,” “we,” “us,” or “our”) collect and use your information when you access and use our website at www.d1a.com (“Website”), obtain our services, or otherwise engage with us (collectively, including the Website, the “Services”). By accepting this Privacy Policy, accessing, using or obtaining the Services, or otherwise manifesting your assent to this Privacy Policy, you agree to be bound by this Privacy Policy. If you do not agree to (or cannot comply with) all of the terms of this Privacy Policy, you may not access, use or obtain the Services.
If you accept or agree to this Privacy Policy on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Privacy Policy and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
THE INFORMATION WE COLLECT AND HOW WE USE IT.
In the course of operating the Services, Day One Agency collects or receives the following types of information, which may include personal information.
CONTACT INFORMATION.
We collect contact information through our Services; contact information typically includes your name, email address, mailing address, phone number, and any information you provide in communications to us. We use such contact information for purposes such as providing you with information about the Services, responding to your inquiries, sending you email alerts (including marketing or promotional emails), registering you for the newsletter, providing you the Services, processing your job application, or connecting you with one of our clients. We may also collect usernames or user handles on social media platforms in connection with certain Services we provide to our clients (e.g., social influencer management and social listening services).
SERVER LOG INFORMATION.
Our servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of such access, including the device’s IP address, user agent string (e.g., operating system and browser type/version), and the pages you’ve clicked on while on our Website, and details regarding your activity on the Website such as time spent on the Website and other performance and usage data. We may use these log files for purposes such as assisting in monitoring and troubleshooting errors and incidents, analyzing traffic, or optimizing the user experience.
COOKIES.
We may collect information using “cookie” and other similar technologies. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive (or other storage medium) so that your computer will “remember” information about your use. We use both first and third-party session cookies and persistent cookies. Below is a general primer on session and persistent cookies; information collected by cookies depends on its particular purpose. For more information, please see the information regarding analytics providers discussed further below.
- Session Cookies: We use session cookies to make it easier for you to navigate our Website. A session ID cookie expires when you close the Website.
- Persistent Cookies: A persistent cookie remains on your device for an extended period of time or until you delete them. Persistent cookies enable us to track and target the interests of our visitors to personalize the experience on our Website.
If you do not want us to place a cookie on your device, you may be able to turn that feature off on your device. Please consult your browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, certain aspects of the Website may not function properly or as intended.
THIRD-PARTY ANALYTICS PROVIDERS.
We use one or more third–party analytics services to evaluate your use of the Website, as the case may be, by compiling reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections of the Services you visit, number of links clicked, search terms and other similar usage data) and analyzing performance metrics. These third parties use cookies and other technologies to help collect, analyze, and provide us reports or other data.
By accessing and using the Website, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Services.
For Google Analytics, please see: https://support.google.com/analytics/answer/6004245?hl=en and https://tools.google.com/dlpage/gaoptout
AGGREGATE DATA
In an ongoing effort to better understand our Services, we might analyze your information in aggregate form to operate, maintain, manage, and improve the Services. This aggregate information does not identify you personally. We may share this aggregate data with service providers, and our affiliates, agents, and business partners. We may also disclose aggregated user statistics to describe the Services to current and prospective business partners and to other third parties for other lawful purposes.
ONWARD TRANSFER TO THIRD PARTIES.
- Like many businesses, we hire other companies to perform certain business-related services. We may disclose personal information to certain types of third party companies but only to the extent needed to enable them to provide such services. The types of companies that may receive personal information and their functions are: hosting provider, technical assistance, database management/back-up services, use analytics, and email marketing platforms.
- We may, from time to time, share and/or license personal information with or to other companies (including our clients) who may provide you information about the products and services they or their partners offer. However, to the extent required by law, you will be given the opportunity to opt out of such sharing. We may also share your personal information with other companies at your instruction.
BUSINESS TRANSFERS.
In the event of a merger, dissolution, reorganization or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal information, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy. This policy shall be binding upon Day One Agency and its legal successors in interest.
DISCLOSURE TO PUBLIC AUTHORITIES.
We are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.
OPT-OUT FOR DIRECT MARKETING; EMAIL MANAGEMENT.
You may opt out at any time from the use of your personal information for direct marketing purposes by emailing the instructions to privacy@D1A.com or by clicking on the “Unsubscribe” link located on the bottom of any of our marketing emails and following the instructions found on the page to which the link takes you. Please allow us a reasonable time to process your request. You cannot opt out of receiving transactional e-mails related to the Services.
HOW WE PROTECT YOUR INFORMATION.
We implement reasonable security measures designed to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and to comply with applicable laws and regulations. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share your information (as permitted herein), nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
CHILDREN.
We do not knowingly collect personal information from children under the age of 13 through the Services. If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us at privacy@D1A.com, and we will endeavor to delete that information from our databases.
IMPORTANT NOTICE TO ALL NON-US RESIDENTS.
Our servers are located in the United States. Please be aware that your information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Services, you do so at your own risk.
CALIFORNIA PRIVACY RIGHTS.
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact us via email at privacy@D1A.com.
DO NOT TRACK.
Our Website does not respond to “Do Not Track” settings or other related mechanisms at this time.
NEVADA PRIVACY RIGHTS.
If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us at privacy@D1A.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.
LINKS TO EXTERNAL WEBSITES.
The Website may contain links to third-party websites (“External Sites”). We have no control over the privacy practices or the content of any such External Sites. As such, we are not responsible for the content or the privacy policies of such External Sites. You should check the applicable privacy policy and terms of service when visiting any such External Sites.
CHANGES TO THIS PRIVACY POLICY.
This Privacy Policy is effective as of the last updated date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time with or without notice to you. By accessing the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the information collected is governed by the Privacy Policy in effect at the time we collect the information. Please refer back to this Privacy Policy on a regular basis.
HOW TO CONTACT US.
If you have questions about this Privacy Policy, please contact us by e-mail at privacy@D1A.com with “Privacy Policy” in the subject line.