Last Updated: December 2025
Provider: Data Driven 9 Consulting LLC
Governing Law: State of Florida, USA

1. Scope and Acceptance

These Terms of Use (“Terms”) govern access to and use of the Data Driven 9 Consulting LLC assessment platform, including all questionnaires, surveys, methodologies, reports, analytics, and related services (collectively, the “Assessment”).

By accessing, completing, or submitting the Assessment, you (“Participant,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as the applicable Privacy Policy and Cookie Policy.

These Terms also apply to your interactions with DD9 via any related online properties that collect contact details or enable communications about the Assessment, including (without limitation) our website pages, landing pages, booking pages, lead-capture pages, and contact forms (collectively, “Forms”). Where you provide a mobile phone number via Forms, additional SMS/MMS terms in Section 5.3 apply.

If you do not agree to these Terms, you must not access or submit the Assessment.

2. Purpose and Intended Use

The Assessment is designed solely to:

• Collect information related to organizational operations, performance, processes, quality, people, sales, marketing, and financial practices

• Generate analytical insights, benchmarks, summaries, and improvement recommendations

• Support business, operational, and strategic decision-making

The Assessment is not intended for personal, consumer, or household use, nor for employment evaluation, hiring, promotion, compensation, or disciplinary decisions.

3. No Professional Advice Disclaimer

The Assessment and any outputs, analyses, insights, benchmarks, or recommendations provided:

• Do not constitute legal, financial, tax, accounting, medical, compliance, or regulatory advice

• Are provided for informational and strategic planning purposes only

• Should not be relied upon as a substitute for professional judgment or advice from qualified professionals

Data Driven 9 Consulting LLC makes no representations or warranties regarding specific outcomes, improvements, or financial results arising from use of the Assessment.

4. Participant Representations and Authority

By submitting responses, you represent and warrant that:

1. You have the authority to provide the information submitted

2. The information is accurate and complete to the best of your knowledge

3. You are not submitting information that violates confidentiality, contractual, or legal obligations

4. You have obtained any necessary internal approvals to participate

If you invite others to participate, you represent that you have permission to share their contact information for assessment purposes.

5. Data Collection, Processing, and Aggregation

5.1 Data Types Collected

The Assessment may collect:

• Contact information (name, email, role, department)

• Organizational attributes (industry, company size, geography)

• Operational and performance-related responses

• Technical metadata necessary to operate the platform

5.2 Aggregation and Anonymization

Responses may be:

• Aggregated across teams, departments, or organizations

• Analyzed at an individual or group level

• Used to generate anonymized benchmarks, trends, and comparative insights

Individual responses are not used for employee evaluation or disciplinary purposes.

5.3 SMS/MMS Messaging Terms (A2P 10DLC) for Landing Pages and Contact Forms

Overview. If you provide a mobile phone number to DD9 through the Assessment, a Form (including landing pages, booking pages, lead-capture pages, and contact forms), or related Communications, you may have the option to opt in to receive SMS and/or MMS messages (“Text Messages”) from Data Driven 9 Consulting LLC.

Types of messages. Depending on the program and the consent you provide, Text Messages may include operational or transactional messages (e.g., assessment reminders, scheduling/appointment reminders, service notifications, account updates) and, if you separately opt in, promotional or marketing messages (e.g., offers and announcements).

Message frequency; rates may apply. Message frequency varies. Message and data rates may apply based on your carrier plan.

Consent is not a condition of purchase. Your consent to receive Text Messages is not a condition of purchasing any goods or services.

Opt-out and help. You can opt out at any time by replying STOP. For help, reply HELP. After you opt out, you will no longer receive Text Messages unless you opt in again.

Opt-in methods (Forms and other channels). DD9 collects opt-in consent using one or more of the following methods consistent with A2P 10DLC and applicable law:

• Web form opt-in. Where a Form collects a mobile number, the Form includes a clear disclosure and a dedicated SMS consent mechanism (e.g., a checkbox or equivalent affirmative action) that:
  • is not pre-checked;
  • is presented separately from other permissions (including separate consent for marketing where applicable);
  • clearly identifies the sender/brand as Data Driven 9 Consulting LLC;
  • describes the types of messages you may receive;
  • discloses that message frequency varies (or states expected frequency when applicable);
  • discloses that message & data rates may apply;
  • includes STOP and HELP instructions; and
  • includes links to our Privacy Policy and these Terms (or equivalent Terms & Conditions).
• Verbal opt-in. If you provide consent verbally (e.g., during a call), DD9 will provide the required disclosures at the time of consent and may send a confirmation message afterward.
• Double opt-in (where used). For certain programs, DD9 may require an additional confirmation step (e.g., replying “YES”) before recurring messages begin.

Example opt-in disclosure. The following is an example of the disclosure that may appear on a Form (the exact text may vary by program):

“I consent to receive SMS/MMS messages from Data Driven 9 Consulting LLC regarding reminders, notifications, and/or marketing. Message frequency varies. Message & data rates may apply. Reply HELP for help and STOP to unsubscribe. By opting in, you agree to our Privacy Policy and Terms.”

Carrier delivery; compliance. Delivery is subject to carrier availability and filtering. You agree not to use any DD9-provided messaging channels in a way that violates applicable law, carrier rules, or these Terms. DD9 may suspend or restrict access where required for legal or compliance reasons.

6. California Consumer Privacy Rights (CCPA / CPRA)

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including:

• The right to know what personal information is collected and how it is used

• The right to request access to or deletion of personal information, subject to legal exceptions

• The right to opt out of the sale or sharing of personal information (Data Driven 9 Consulting LLC does not sell personal information)

• The right to non-discrimination for exercising privacy rights

Requests may be submitted via the contact information provided in the Privacy Policy.

7. Data Security and Retention

Data Driven 9 Consulting LLC implements reasonable administrative, technical, and organizational safeguards to protect assessment data.

However, no system can be guaranteed to be 100% secure. You acknowledge and accept this inherent risk.

Data is retained only for as long as reasonably necessary to fulfill assessment, analytical, contractual, or legal obligations.

8. Invitations and Third-Party Participation

When inviting colleagues:

• Participation is voluntary

• Invitees’ responses are associated with the same organization but analyzed independently

• Invite tokens may expire or become invalid after use

• Data Driven 9 Consulting LLC is not responsible for incomplete participation or non-response

9. Intellectual Property Rights

All assessment content, structure, methodology, scoring models, analytics, and outputs are the exclusive intellectual property of Data Driven 9 Consulting LLC.

You are granted a limited, non-exclusive, non-transferable license to use assessment outputs internally for business improvement purposes.

You may not:

• Reverse engineer the methodology

• Reproduce or distribute the assessment content

• Use the Assessment to create competing products or services

10. Limitation of Liability

To the fullest extent permitted by Florida law:

Data Driven 9 Consulting LLC shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of revenue, profits, data, or business opportunities, arising out of or related to:

• Use or inability to use the Assessment

• Errors or omissions in assessment responses

• Decisions made based on assessment outputs

Total liability, if any, shall not exceed the amount paid (if any) for access to the Assessment.

11. Indemnification

You agree to indemnify, defend, and hold harmless Data Driven 9 Consulting LLC, its officers, employees, and affiliates from any claims, damages, liabilities, or expenses arising from:

• Your use of the Assessment

• Violation of these Terms

• Submission of inaccurate or unauthorized information

12. Suspension and Termination

Data Driven 9 Consulting LLC reserves the right to suspend or terminate access to the Assessment at its discretion, including for:

• Violations of these Terms

• Suspected misuse or abuse

• Legal or compliance requirements

13. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

Any disputes shall be brought exclusively in the state or federal courts located in Florida.

14. Changes to Terms

Data Driven 9 Consulting LLC may update these Terms from time to time. Continued use of the Assessment constitutes acceptance of the revised Terms.

15. Contact Information

For questions regarding these Terms or privacy practices:

Data Driven 9 Consulting LLC
Email: contact@ddnine.com
Website: https://ddnine.com