Effective Date: November 1, 2022
WHO WE ARE AND WHAT WE DO
Marin Software Incorporated (“Marin Software”) operates a Site at www.marinsoftware.com, where it describes its products and services and its operations. In addition, from the www.marinsoftware.com Site, through a special access reserved to registered individuals, Marin Software provides a web-based online advertising management platform that contains analytics applications (“Tool”). The Tool helps customers of Marin Software (“Customers”) analyze the traffic patterns on their website, so that they can optimize their spending on advertisements and improve their sales resulting from online searches and online browsing.
The Tool is used to analyze how individuals (“Visitors” or “you”) arrive on a webpage offered by that Customer, what they do after they landed on that page, or how they engage with the advertising campaigns being displayed on their computer, smartphone, tablet or other device (“Device”) when they use the Customer’s site, or click on advertisements for Customer products or services that have been placed on third parties’ sites.
WHAT INFORMATION WE COLLECT AND HOW
We collect Personal Information in a variety of ways:
When you Provide Information to Us – We receive and store any Personal Information that users enter on our Site or otherwise provide to us. For example, when you fill out a form to ask for information, you may be requested to provide your first and last name, telephone number, postal and/or email addresses. We may also request other information about a user’s needs or interests. You have the right not to provide such information.
If you Become a Registered User – We require users to submit contact information if they wish to sign up for a free trial of the Subscription Services, download materials such as “white papers”, receive our newsletter or other information, or participate in a Promotion. In this case, the user becomes a “Registered User.”
If you Subscribe to the Marin Software Professional Edition – We collect contact information, such as name, title, phone number, email address from individuals who subscribe to the Marin Software Professional Edition. While payment information is also required, this information is passed through directly to our service provider, which sends us only confirmation of the payment.
If you are a Business User – We may collect contact information, such as name, title, phone number, email address of Business Users who access any of the Marin Software Services.
If you Contact us – We may keep a record of your contact information and correspondence, the purpose of your contacting us, and our interaction with you if you contact us for any purpose.
If you Visit our Site – We collect information about your device. This information is automatically provided by your browser. This may include device information (type of device, operating system version, unique device identifier, browser type and version, and mobile network information) or log information (IP address, screen resolution, and referring domain).
We may also collect information through cookies and other technologies, such as information about a user’s online activity, the web pages visited, the search terms used, and any link or advertisements on which the user clicks.
If you Visit our Customers’ Site – If our customer uses Marin Tracker, we automatically collect information about your visit to that Customer’s site for the purpose of analyzing which online advertising placed by our Customer produced business value for our Customer, and how you reached specific pages of our Customer’s site.
When You Meet Us at Events – We may collect your contact details, record your questions or requests about our products or services, information about your background or your company, and how we followed-up, if you visit our booth at a trade show, you meet with our representatives at a networking event, or you participate in a survey or promotion. We assume that if you come to visit with us and provide us with your contact information, it is with the intent that we communicate with you about our products or services.
Other Sources – We also may obtain Personal Information from affiliated entities, business partners, publicly available databases, and other independent third-party sources and add it to our contact database for marketing and sales purposes to combine it with other information that we have collected or obtained otherwise. This may include phone number, email address, title, or company. We may also obtain credit checks from credit reporting agencies or similar information for use in making credit decisions.
Marin Software uses its own technology and other methods to analyze the use of its own Site(s) by its own visitors. To this end, Marin Software relies on information collected from cookies and tags. Our practices regarding cookies on the Marin Software Site are explained in the Marin Software Cookie Disclosure for Website and Communications.
COOKIES AND OTHER TECHNOLOGIES
Some cookies are managed by us, and others by our service providers. These cookies are used for a variety of purposes.
Some cookies enable services that you have specifically asked for, such as to help you register for a free trial of our Marin Software Services. Other cookies are used to remember the choices you made (for example, the size of the font, or the language you prefer) in order to make it easier for you to use our Site when you return. Other cookies collect information about how users use our Site, for example which pages they visit most often, or how long they stay on a particular page. Finally, other cookies are used to collect information about your perceived interest in our products so that we can arrange for advertisements regarding these products or services to display on other sites that you visit on the Internet. This way when you visit other sites that display advertisements, the advertisements that you see are more relevant to you.
HOW TO CONTROL AND MANAGE COOKIES
Using your browser settings -- You can instruct your browser to stop accepting cookies or to prompt you before accepting all cookies, or only third party cookies, from any site that you visit. This is done by editing the options in your browser.
The instructions for performing these functions are usually found in the “options” or “preferences” or “settings” menu of your browser. You may also check the “help” option of your browser. We provide below links to the instructions provided by some of the most popular browsers:
- Internet Explorer: https://support.microsoft.com/en-us/help/278835/how-to-delete-cookie-files-in-internet-explorer
- Firefox: http://support.mozilla.org/en-US/kb/Cookies
- Google Chrome: http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647
- Opera: http://www.opera.com/browser/tutorials/security/privacy/
- Safari: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
- Safari iOS: http://support.apple.com/kb/ht1677
- Android: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en
Please remember that:
- Since cookies are browser specific, changing the settings on one browser will not change the setting in another browser, or on another Device.
- If you block all cookies, you may not be able to access some of the content offered on the sites that you visit and that had relied on that cookie as a way to identify your browser as a permitted user of certain content.
To learn more about cookies and tags, please visit our Marin Software Cookie Disclosure for Website and Communications.
If you have any other questions about cookies and other technologies, please visit http://www.allaboutcookies.org/ or http://networkadvertising.org/ or contact us as indicated in the How to contact us section below.
HOW WE USE PERSONAL INFORMATION
Our primary goal in collecting Personal Information is to know better the individuals who are interested in our products or services, so that we can find more efficient and effective ways to respond to their questions and inquiries, and to market our products and services to them. The more we know about your goals and interests as they relate to the Marin Software products and services, the better we can communicate with you, anticipate your needs and communicate with you in a productive and enjoyable manner. This interaction may occur in several different ways:
All Users – We use Personal Information to provide our users with access to the public areas of our Site and information about our products and services. We may also use Personal Information about our users to communicate with them, respond to their questions, or as otherwise described at the point of collection of information.
Registered Users – If you have registered on our Site, we will use the information that you provide in order to manage your Registered User account and to give you access to the special service or document that you requested. We will assume that you are interested in our products or services, and may periodically send you additional information and news. You have the right to opt-out from receiving future communications.
Business Users – If you or your employer have purchased our Subscription Services (or are using the Professional Edition on a trial basis), we may use your contact information to provide access to the relevant service, respond to your request for assistance, resolve disputes or trouble shoot problems. We also may use personal information to manage your customer account. While we have access to a customer’s billing contact information, we do not have access to payment information (e.g., credit card numbers). Thus, all payment issues are handled by our service provider who only informs us whether payment has been made or not.
We do not use the Personal Information of Business Users, including Personal Information that we might collect about their use of the Marin Software Services, for any purpose other than to provide them with the service that they requested or to improve that service. We do not combine this Personal Information with any other information that we might have about these Business Users as a user of the remainder of our Site.
Correspondence – We may use your correspondence, contact information, email address, and any information that you provide in your messages, to respond to you.
Marketing and Business Development – We may use your contact details to solicit feedback from you, including through surveys. We may also use your Personal Information to estimate how likely you might be to become a customer, to send you marketing communications and promotional material, or to provide you with information about our white papers, our Subscription Services, Promotions, and other products and services.
If you demonstrate an interest in a particular product or service, such as by affirmatively clicking on a link about the product or service, and we have your contact information, we may follow-up and send you an email or initiate communication with you about this product or service. You have the right to prevent future interaction with you.
Analytics – We may aggregate Personal Information and usage data to obtain statistical information, such as to calculate the percentage of users who have a particular zip code or telephone area code. We also use aggregated information to understand how our Site is used, for research or product development, for example, to measure interest in, or monitor the use of any content, product, services or promotions that we provide through the Site, to improve these content, products, services or promotions, and for the technical administration of the Site.
HOW WE SHARE PERSONAL INFORMATION
From time to time, we may disclose Personal Information to third parties, as follows:
Affiliated Entities – Subsidiaries of Marin Software may share a user’s Personal Information with each other in connection with their sales and marketing process. This sharing enables us to provide the user with information about our products and services that might be of interest to that user, coordinate activities among the different Marin Software entities, and address more efficiently our relations with our global accounts. You have the right to opt out of this sharing.
Service Providers – We may engage certain service providers to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, storage, database management, credit card processing, credit reporting, collection, fraud prevention, business analytics, chat, site analytics, site optimization, lead scoring, retargeting, direct marketing campaign, or similar services.
We will share your Personal Information with these service providers, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such entities to maintain the privacy and security of your Personal Information.
Targeted Marketing – We may contract with publishers and advertising agencies to serve targeted advertisements about Marin Software to individuals who have visited our site so that our advertisements are presented to these individuals while they are visiting a third party’s site. This is accomplished by combining cookies and action tags that are shared with these third parties. We believe that if you have visited our Site you may be more interested in seeing advertisements about our products and services – and more likely to purchase these products or services. You have the right to opt out of this targeted marketing.
Business Transfers – If any or all of the assets of Marin Software are acquired by, or merged with those of another entity, or in the unlikely event of a bankruptcy, we may disclose, share or transfer some or all of our users’ Personal Information to or with this 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 users.
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. We may disclose any information about you to government or law enforcement officials or private parties as we, in our reasonable discretion, believe necessary or appropriate to respond to and defend against legal claims, respond to legal process (including a facially valid subpoena, warrant, court order or other legal process), or otherwise as required by law. Please note that we may not be able to notify you of a request for the disclosure of your information as described above, either because it might be prohibited by law, or because doing so would jeopardize an investigation into illegal or fraudulent activity, or because we do not have your contact information.
Aggregate Information – We may prepare reports, market analysis, and trend analysis that are based on compilation of data that Marin Software has collected. For example: “Emerging trends in the paid search advertising market” or “Mobile device targeting, and its impact in terms of click share, budget and performance”. These reports do not contain specific user information, but only aggregate information regarding a group of users. Data aggregation is a process in which data are gathered and expressed in a summary form for purposes such as statistical analysis, in order to obtain information about a particular group based on specific variables. This aggregated information is used for industry analysis, demographic profiling, and other purposes.
DIGITAL ADVERTISING AND ANALYTICS
We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Site and other sites or apps over time, including information about relationships among different browsers and devices. This type of advertising is known as interest-based advertising.
To opt out of these practices, you may visit the DAA Webchoices tool at www.aboutads.info/choices to learn more about this type of advertising and how to opt out of this advertising on websites by companies participating in the DAA self-regulatory program. You can also opt out of Google ad tracking by following the instructions on this page: https://adssettings.google.com/.
Note that electing to opt out from interest-based advertising will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. In addition, note that if you use a different browser or device, you may need to renew your opt-out choice.
We may also work with third parties that collect data about your use of the Site and other sites or apps over time for non-advertising purposes. We use Google Analytics and other third-party services to improve the performance of the Site and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use the Site, visit www.google.com/policies/privacy/partners, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout.
U.S. STATE PRIVACY RIGHTS
Residents of certain U.S. states have rights with respect to the Personal Information collected and processed by Marin Software. This section contains disclosures required by law and explains rights that may be available to you.
Personal Information We Collect and Disclose. We collect the categories of Personal Information about consumers identified in the chart below. As further set forth in the chart below, we have disclosed Personal Information about consumers to third parties for business or commercial purposes.
Sensitive Personal Information. Marin Software does not collect sensitive personal information, as that term is defined under certain U.S. state privacy laws.
Categories of Sources. We collect this personal information from the following categories of sources:
- Our advertiser customers and publishers (e.g., search engine, social and e-commerce platforms);
- Our service providers; and
- Third party data providers.
YOUR PRIVACY RIGHTS
Certain U.S. state and international laws provide individuals with rights regarding Personal Information we collect and process about you. These consumer rights, and the definitions of “personal information” or “personal data” subject to these rights, vary by jurisdiction. Individuals may be able to exercise the following rights, subject to certain exceptions and limitations:
- The right to confirm whether Marin Software processes Personal Information about you;
- The right to know the categories and specific pieces of Personal Information we collect, use, disclose, and sell about you, the categories of sources from which we collected Personal Information about you, our purposes for collecting or selling Personal Information about you, the categories of Personal Information about you that we have either sold or disclosed for a business purpose, and the categories of third parties with which we have shared Personal Information.
- The right to correct any errors in the Personal Information we have collected about you;
- The right to object to the processing of Personal Information;
- The right to request that we delete the Personal Information we have collected from you or maintain about you.
- The right to opt out of (i) the “sale” of Personal Information as defined by applicable law; and (ii) the sharing of personal data for targeted advertising;
- Depending on your state, the right to limit the processing of certain “sensitive” Personal Information about you (or to withdraw consent for such processing if you previously gave it).
- The right not to receive discriminatory treatment for the exercise of the above privacy rights.
To exercise any of the above rights, please contact us using the following information and submit the required verifying information, as further described below:
- By email at firstname.lastname@example.org ; or
- Online at the webform available at marinsoftware.com at “Do Not Sell or Share My Personal Information”.
Verification Process and Required Information. Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled.
Authorized Agent. You may also designate an authorized agent to make a request on your behalf by submitting a written, signed permission to email@example.com. An authorized agent may submit a request through the methods provided above.
Minors’ Right to Opt In. We do not have actual knowledge that we sell or share the Personal Information of minors under 16 years of age.
We will process and store personal data for the period necessary to achieve the purpose of the storage, to provide you services, as necessary to comply with our legal obligations and resolve disputes, or as otherwise permitted by law.
Marin Software employs commercially reasonable administrative, physical, and electronic measures designed to protect Personal Information from unauthorized access, loss, misuse, disclosure, alteration, and destruction.
When we need to transfer information out of our firewall, we use industry-standard technological means to protect Personal Information 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.
MARIN TRACKER OPT-OUT
THIRD-PARTY LINKS AND TOOLS
The Site also includes integrated social media tools or “plug-ins,” such as links to social media pages offered on third party sites. If you interact with these features on the Site, those companies may collect data about you and may use and share such information in accordance with your account settings, including by sharing such data with the general public.
Your interactions with third-party companies and your use of their features are governed by the privacy policies of the companies that provide those features. We encourage you to carefully read the privacy policies of any accounts you create and use.
For further information about the Marin Software cookies and tags used in connection with the Marin Software platform, please contact us:
By email at: firstname.lastname@example.org
By postal mail: Marin Software Incorporated, 845 Market Street, Suite 450, San Francisco, CA 94103, Attn: General Counsel.