Marin

Privacy

MARIN SOFTWARE PRIVACY POLICY FOR SUBSCRIPTION SERVICES

This Privacy Policy is effective as of April 15, 2013.

This Privacy Policy describes the principles and practices that apply when Marin Software Incorporated (“Marin Software,” “we,” “us”) processes personal data in the course of providing the Marin Software Services to its customer, such as when analyzing the data that are generated when an individual visits the website of a Marin Software customer. For the Privacy Policy that covers the practices that apply to the data that are generated when an individual visits the Marin Software website, please see the Privacy Policy for Information Collected from Marin Software Site, Emails, and Communications.

In Summary:

  • 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

Definitions

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.

As a service provider, Marin Software may have access to some of the Visitor Data that are generated by each individual’s visit to a Marin Customer Website. The purpose of this Privacy Policy is to explain who we are, what we do, the type of data to which we have access, how we obtain access to these data, and what we do with these data when we provide services to our Customers.

We recommend that our Customers inform Visitors to their websites about their own data collection and use practices, including the fact that they use our services. We also recommend that our Customers post a link to this Marin Software Privacy Policy for Subscription Services, so that the Visitors to their websites are made aware of this Marin Software Privacy Policy for Subscription Services.

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 does not use Marin Software Tracker – If the Marin Software Customer does not use the Marin Software Tracker application, then Marin Software has no ability to know how the Visitor Data are collected by or on behalf of the Marin Software Customer. This information may be available from the applicable Privacy Policy that is published by the Customer or its representative, i.e. an advertising agency acting on behalf of an Advertiser. Marin Software recommends to its Customers that they disclose, in their public Privacy Policies, what Visitor Data they collect, and how they collect these data.

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.

From Cookies and Other Technologies – The Marin Software Tracker application uses its own cookie and tags to track a Visitor’s interaction with a Customer Website, such as data about the Visitor’s online activity, the web pages that the Visitor visits, the search terms that the Visitor uses, the categories of products displayed on a Customer Website that are of interest to the Visitor, and any link or advertisements on which the Visitor clicks. For more information on our use of cookies and other technologies, please see Marin Software Cookie Disclosure for Subscription Services.

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.

To Defend or Enforce our Rights – We may use or share Visitor Data to protect ourselves or protect the Marin Software website, to establish or exercise our legal rights, respond to a breach of our Subscription Services Terms of Use, when we believe it is appropriate to protect the property and rights of Marin Software or a third party, the safety of our company, our customers or others, to investigate, prevent, take action against, or stop any fraudulent, illegal, unethical, or legally actionable activity, in connection with our Site, the Marin Software Services or other products or services, or the Marin Software Subscription Services Terms of Use.

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.

Visitor's rights

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.

Right to Object to New Uses of your Visitor Data – If at any time we wish to disclose, or use your Visitor Data in a way, or for a purpose that is materially different from that which is described in this Privacy Policy, we will give you the opportunity to choose whether Visitor Data that identify you or from which you may be identifiable may be used for a purpose other than the purposes that are set forth in this Privacy Policy.

Right to Know about Third Party Marketing – We do not share any personally identifiable Visitor Data with third parties for their direct marketing purposes. If at any time we wish to disclose, or use Visitor Data in a way, or for a purpose other than as described in this Privacy Policy, we will give these Visitors the opportunity to choose (opt out) whether Visitor Data that identify them or from which they may be identifiable (1) may be disclosed to a third party and (2) may be used for a purpose other than the purposes that are set forth in this Privacy Policy.

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

We do not share Visitor Data with third parties for their direct marketing purposes other than as described in this Privacy Policy. If our practices changes we will provide you with the relevant data as required by applicable law.

Security

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.

International transfer

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.

Disputes

If you have any concerns or claims with respect to our Privacy Policy, please contact us as indicated in the “How to contact us” section. We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of Visitor Data.

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.

Updates

This Privacy Policy may be updated from time to time for any reason. We will notify you of any material changes to this Privacy Policy by posting the new Privacy Policy on the Site, and as required by applicable law. To the extent that this is technically feasible, we will obtain the necessary consents required under applicable law if we seek to collect, use or disclose Visitor Data for purposes other than those described above, unless this change is otherwise required or permitted by law.

Except as stated above, all changes will apply to the Visitor Data that are already collected, and to Visitor Data that are collected after the effective date of the revised policy. You are advised to consult this Privacy Policy regularly for any changes.

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.

If you have any questions, comments or complaints about this Privacy Policy or our use of your Visitor Data, please contact us at:

By email: privacy@marinsoftware.com.

By postal mail: Marin Software Incorporated, 123 Mission Street, 25th Floor, San Francisco, CA 94105, Attn: General Counsel.

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