- We process and analyze data that are generated by the use of a Marin Software Customer’s Website in order to produce statistical information for the benefit of that Customer;
- The statistical information generated by the Marin Software Services about a Customer Website is used to identify trends, and assess the success rate of that Customer’s advertising campaigns;
- We do not know – and will not attempt to know - the identity of the individuals whose browsing and activities are analyzed to generate statistics or identify trends;
- We do not combine a specific visitor’s data collected from different websites to establish a profile of that visitor.
Table of Contents
- Overview of the Marin Software Services
- What Visitor Data we collect and how we collect these data
- How the Marin Software Services use Visitor Data
- With whom we may share Visitor Data
- Visitor’s rights
- California privacy rights
- Limitation of liability
- Our policy towards children
- International transfer
- How to contact us
For ease of use of this document, certain terms have been associated with the specific meaning provided below.
“Advertiser” is a company that advertises its products or services, or those of its clients, using online capabilities. For example, in this context, a department store who advertises its shoes or a university who advertises its courses and curriculum are advertisers.
“Customer” means an entity, including any of its affiliates, that has purchased a subscription to the Marin Software Services.
“Customer Website” means a website operated by a Customer.
“Device” means a computer, laptop, desktop, smart phone, tablet, and any other similar equipment that is used for online activities.
“Marin Software Services” means the proprietary platform developed by Marin Software to enable measuring, managing, and optimizing digital marketing campaigns.
“Publisher” is an entity that provides a medium or vehicle for the publication of certain information; for example, search engine, display marketing services and social networks are publishers.
“Visitor” or “you” means an individual who visits a Customer Website.
“Visitor Data” means data about a Visitor’s use of a website or that are generated by, or result from, a visit of that website.
Overview of the Marin Software Services
Summary – The Marin Software Services allow business entities to measure, manage, and optimize their digital marketing campaigns. When providing the Marin Software Services, Marin Software acts as a service provider to these business entities and does not have a direct relationship with these Visitors.
Nature of the Marin Software Services – The Marin Software Services platform offers the ability to process large amounts of data regarding unidentified individuals – or individuals whose identity would be very difficult to determine -- in order to identify trends. This information allows Marin Software Customers to measure, analyze, evaluate, manage, execute, and optimize their digital marketing campaigns.
For example, a business may use the Marin Software Services to compare whether associating a certain keyword to an item (for example “red shoes”) leads to a larger number of sales of that item, or increases the number of visits to the webpage where that item is displayed, than if the item had been associated with a different keyword. Or, a business may find out that those who purchase a certain item (for example, red shoes) are more likely to purchase another item at the same time (for example, white socks). Having analyzed this information, the business may in turn decide to modify its advertising or marketing strategy, for example, by purchasing advertising space associated with certain keywords, such as “red shoes” and “white socks” rather than other keywords (for example, “elegant pumps” or “cotton socks”).
How is Visitor Data Collected – When an individual visits a Customer Website, this visit generates Visitor Data, such as the IP address of the Visitor’s Device, whether the Visitor conducted a search before landing on a specific website, the nature of the search conducted (e.g. what keywords were used, or whether the Visitor clicked on a link), or whether the Visitor made a purchase.
These Visitor Data may be obtained in one of two ways. Customers can upload into the Marin Software Services platform the Visitor Data that they have obtained through their own source (e.g. their own proprietary tracking tool, or a third party’s tracking tool). Alternatively, they can use the Visitor Data that have been collected from their website through Marin Software’s own tracking tool, the “Marin Tracker.”
In both cases, ultimately, the Marin Software Services platform will have received (a) data collected by the publishers (for example, search engine, display marketing, social networks), such as information about the cost of advertising certain goods through their platform; and (b) data collected by the Advertisers (for example, department store), such as information about the revenue generated by visits to their website by “logical users,” i.e. people who are identified with a user ID number, but whose identity is not known.
How the Analyses are Created – Using proprietary technology and other technology, the Marin Software Services organize the Visitor Data, and map the combined results of the analysis of each Visitor’s behavior. Each Customer then uses the Marin Software Services to analyze the success rate associated to a particular link, advertisement, or search term, produce statistical information, analyze trends, compare costs, or generate other reports that it uses to manage and optimize its digital marketing campaigns.
How Tracking Technology Works – When an individual visits a website, a tracking tool (Marin Tracker or a third party’s tracking application) collects the IP address and the activities of that Visitor, for example on which links the Visitor clicks, whether the Visitor makes purchases, what keyword the Visitor used in order to identify the item(s) viewed, etc.
The tracking application generates a unique user ID – for example, a user ID associated to the collected IP address - in order to identify a device or entry point. This unique user ID is used to identify a “logical user” or “unique user.” In most cases, the unique user ID cannot, by itself, identify a specific individual, for example because many individuals may be sharing the same device or entry point (e.g., a household, or a cybercafé), or because a portion of the IP address has been truncated.
What Visitor Data we collect and how we collect these data
The Visitor Data that are uploaded on the Marin Software Services platform may come from two sources. They may have been collected directly by the Customer, associated to the user IDs chosen by the Customer or they may have been collected directly by Marin Software on behalf of the Customer.
If our Customer uses the Marin Software Tracker – If our Customer uses the Marin Software Tracker application, the Marin Software Tracker automatically collects on behalf of our Tracker Customer, (i) data automatically sent by each Visitor’s Device’s browser, and (i) data collected through cookies and tags, as described in the Marin Software Cookie Disclosure for Subscription Services:
From a Visitor’s Browser – The collected Visitor Data, which are provided automatically by the browser, includes:
- The URL of the page of the Customer Site that the Visitor is currently visiting;
- The URL of the website that the Visitor was viewing before landing on the Customer Site (also called the “referring URL”);
- The time and date of the current visit to the Customer Site;
- The Visitor’s Device IP address
- The operating system of the Device that the Visitor is using (for example, Apple IOS); and
- The type of browser, and browser version, of the Device that the Visitor is using.
What we do not Collect – We do not intentionally collect data that might reveal a person’s race, religious or philosophical beliefs, political opinions, health or sexual preferences, precise geographical location, credit card numbers or financial data. If we find out that our cookies and tags have inadvertently collected this data, and that this data may be linked to a specific individual (through reasonably available means), we will promptly delete the data or make it inaccessible by third parties, as applicable.
How the Marin Software Services use Visitor Data
Visitor Data that have been uploaded onto the Marin Software Services platform are used and compiled to create analyses and reports. These analyses are based on aggregated data. Since the data are aggregated, they cannot be used to identify a specific Visitor.
Analytics of a Specific Customer’s Visitor Data – Each Customer uses the Marin Software Services to produce reports that help evaluate the success rate of its own digital marketing or advertising campaign, such as whether and to what extent the content of some pages of its website is of interest to its Visitors.
These analyses and reports are created by using Visitor Data in the aggregate, in order to determine trends. The analysis does not focus on the specific taste, interest, preferences, or profile of a particular customer. Instead, it focuses on the behavior or interest of all Visitors or a group of Visitors (e.g. Visitors from a particular geographic area).
What we do NOT do – Marin Software does not use Visitor Data for its own purpose, other than in aggregate form, and for creating industry reports as described in the next section. Further, each Customer is only allowed to access or use the Visitor Data that are associated with that Customer’s own website, and is not permitted to access or use the Visitor Data that result from a Visitor’s use of a third party’s website.
We do not share with, or disclose, report, transfer, or deliver to a Customer any Visitor Information that is specific to a particular individual. All information about the use of a Customer Site is provided to the Marin Customer only in aggregated form.
Whom we may share Visitor Data
From time to time, we may disclose personal data to third parties, as follows:
Service Providers – We may engage certain trusted third parties to perform functions and provide services to us, including, without limitation, data center hosting and telecommunications. However, this is done only to the extent necessary for these third parties to perform the functions, and provide the services, that we have purchased from them.
In all cases, these services are completed only pursuant to binding contracts requiring such third parties to maintain the privacy and security of the Visitor Data to which they have access and to not use it for any other purpose.
Business Transfers – If any or all of the assets of Marin Software are acquired by, or merged with another entity, or in the unlikely event of a bankruptcy, we may disclose, share or transfer some or all of the Visitor Data to or with the actual or potential successor entity in preparation of the transaction, as part of the due diligence, or after the transaction has been consummated, so that the successor entity can continue providing our services to our Customers.
Compliance with Laws and Third Party Requests – Marin Software cooperates with government and law enforcement officials or private parties to enforce and comply with the law, as required by applicable law. We may disclose Visitor Data to government or law enforcement officials or private parties as we, in our reasonable discretion, believe necessary or appropriate to respond to legal process (including a facially valid subpoena, warrant, court order or other legal process), respond to and defend against legal claims, or otherwise as required by applicable law.
After Aggregating Visitor Data Across Groups of Customers – Marin Software may aggregate Visitor Data about all Visitors of selected Customer Websites (for example, Visitors located in certain markets), in order to obtain statistical information about trends in digital marketing campaigns. We then create, publish, and sell industry reports, analyses and similar materials (“Industry Reports”) that are used for industry analysis, demographic profiling, sales, marketing, and other business purposes. These reports provide information in aggregate form. No individual is or may be identified from these reports.
We respect the privacy of the Visitors to our Customer Websites. To this end, we identify below the privacy choices that these Visitors have with respect to the Marin Software cookies and other technologies that are installed by Marin Software or on its behalf on Customer Websites.
While we have tried to provide all the tools necessary so that individuals can manage their personal data without interaction with us, you may prefer to interact directly with us. You can contact us at any time with your questions or requests for assistance. Please refer to the How to contact us section below.
Accessing, Changing, or Deleting Visitor Data – When performing its services, Marin Software does not collect data that can be linked to an individual, and does not attempt to link Visitor Data to a specific individual. If, nevertheless, a Visitor believes that we have collected Visitor Data that pertains to this Visitor or from which the Visitor can be identified, and the Visitor wishes to have access to this data, we will exercise reasonable efforts to retrieve this data.
Please be aware that this retrieval or any further action with respect to these Visitor Data might be time consuming or difficult, and the burden or expense of retrieving the data requested might be disproportionate to the benefit that you would receive from having access to this Visitor Data. In this case, we will need to charge a fee commensurate with the effort required, in order for us to provide access to the data requested.
California privacy rights
Marin Software employs administrative, physical, and electronic measures designed to protect Visitor Data from unauthorized access, loss, misuse, disclosure, alteration, and destruction. While we do our best to implement security measures, we do not guarantee that our safeguards will always work.
When we need to transfer Visitor Data out of our firewall, we use industry-standard technological means to protect all Visitor Data while in transit through the Internet. We use encryption and a comprehensive authentication protocol to provide reasonable security. However, please remember that no security system on the Internet is perfect.
Limitation of liability
We exercise reasonable efforts to safeguard the security and confidentiality of Visitor Data; however, transmissions protected by industry standard technology and administered by humans cannot be guaranteed to be secure. We will not be liable for unauthorized disclosure of Visitor Data that occurs through no fault of Marin Software.
Our policy towards children
We have no way to know whether Visitor Data collected through our cookies and tags pertains to children, unless our Customer informs us of the age of its Visitors. If we become aware that we have inadvertently collected Visitor Data about a child under 13 who can be identified from these Visitor Data, we will remove such data from our files.
Visitor Data may be transferred, stored, maintained, and processed in the United States or in other countries where we have facilities or where we have engaged a service provider. This storage, maintenance or processing will be performed under privacy and security laws and standards that may not be as protective as those in the Visitor’s jurisdiction.
If the complaint or dispute cannot be resolved through our internal process, and Marin Software does not adequately respond to your question, please contact the San Francisco office of the American Arbitration Association, which will serve as a liaison with Marin Software to resolve your concerns.
If arbitration is necessary, it will be conducted by telephone and email, and if it must be done in person, it will be conducted in San Francisco, California. The arbitration will be conducted by one arbitrator member of the American Arbitration Association, and under the rules of commercial arbitration of the American Arbitration Association. Both parties will bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator(s) will be final and binding on both parties and enforceable in any court of competent jurisdiction.
How to contact us
Marin Software owns and operates the website www.marinsoftware.com and provides the services described on the website. Marin Software Incorporated is a Delaware corporation. Our mailing address is 123 Mission Street – 25th Floor; San Francisco, CA, 94105 USA.
By email: firstname.lastname@example.org.
By postal mail: Marin Software Incorporated, 123 Mission Street, 25th Floor, San Francisco, CA 94105, Attn: General Counsel.