Welcome to the website of Branch Metrics, Inc., a Delaware corporation d/b/a Branch Metrics ("Branch," "Branch Metrics," "we," or "us"). Your use of this website (the "Website") and any services ("Services") made available by Branch Metrics is subject to these Terms & Conditions (these "Terms"). "Services" include (a) basic services including deep linking services, analytics services, content and source analytics, a web-based dashboard, data import and export features; (b) paid services including our advanced web-to-app marketing tools ("Journeys"), our advanced automated deep linking integrations ("Universal Email"), advertising integration “Universal Ads,” and an analytics integration toolkit ("Data Feeds"); and (c) the “Beta Services”, as defined in these Terms. By using any of our Services, you agree to be bound by, and use our Services in compliance with, these Terms & Conditions. By agreeing to these Terms, you warrant that you are authorized to agree to these Terms on behalf of you and/or your company. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT USE OUR WEBSITE OR ANY SERVICES.
We may make changes to these Terms from time to time. When we do, we will revise the "Last updated" date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms.
Customer-specific pricing, billing, payment, and support terms for paid products are contained within the relevant Order Form and Service Level Agreement, if any.
Subject to your compliance with these terms and conditions, Branch grants you a limited, non-transferable, non-exclusive, revocable, license to: (a) access and use the Services; and (b) use the Branch API and the Branch SDKs to integrate, and interface your mobile applications ("Apps") and/or website(s) with the Services in association with Branch’s provision of the Services to you. Your rights to access and use the Services, including your use of the Branch API and the Branch SDKs, are limited by all terms and conditions set forth in these Terms.
You must comply with all applicable laws when using the Services. Except as expressly permitted under these Terms, you will not, and will not permit anyone else to: (a) make the functionality of the Services, the Branch API and/or the Branch SDKs available to any third party through any means, including, without limitation, any hosting, application services provider, service bureau, or other type of service; (b) use any automated tool (e.g., robots, spiders) to access or use the Services; (c) rent, lease, or sublicense your access to the Services to another person; (d) circumvent or disable any digital rights management, usage rules, or other security features of the Services; (e) use the Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Services; (f) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Services; (g) if purchased by You, use Branch’s Cross-Platform ID product in a manner that enables reverse engineering, reverse lookup, or that otherwise ascertains end user identity not otherwise readily ascertainable without such efforts; (h) permit any third party which pools or aggregates data across its customers to use the data provided to You through Branch’s Cross-Platform ID product for its own benefit or use; or (i) use the Services in connection with any Apps or websites that are directed to children under 13 (and in certain jurisdictions under the age of 16), without employing appropriate settings within the Branch SDKs to limit data collection from such children in accordance with applicable law. More information on these settings is available here (for websites), here (for iOS), and here (for Android). If you have questions about how to use these settings or have any reason to believe that these resources may not address your particular use case, please reach out to firstname.lastname@example.org.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services.
Ultimately, you are responsible for timely integration and launch of Branch products. Branch may, but is under no obligation to, maintain, support, update, or provide error corrections for the basic Branch API, the Branch SDKs and the Services. Any customer-specific service level agreements (SLAs) for paid service(s) will be delineated in a specific Order Form. If Branch provides you with an update or maintenance release for the Branch API or the Branch SDKs, unless you receive a separate license from Branch for that update or release that expressly supersedes these Terms, such update or release will be subject to the terms and conditions of these Terms.
You acknowledge and agree that your use of the Services is dependent upon access to telecommunications and Internet services. You are solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. Branch is not responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.
From time to time, Branch may invite You to try Beta Services. “Beta Services” means Our services or functionality that are not generally available to customers and that may be made available to You to try at Your option which are designated as beta, pilot, limited release, developer preview, non-production, evaluation, or by a similar description. You may accept or decline any such trial in Your sole discretion. Beta Services are for evaluation purposes and not for production use, are not considered “Services” under these Terms, are not subject to any service level agreements (SLAs) between you and Branch, and may be subject to additional terms. Branch is under no obligation to, maintain, support, update, or provide error corrections for the Beta Services. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.
Some of Branch’s Services are provided at no cost whereas other, paid services are subject to fees and additional terms as specified in any relevant Order Form between you and Branch. If applicable, Branch reserves the right to limit your use of the “Text-Me-The-App” service and charge for SMS costs at its own discretion, with reasonable notice to you.
If you use any of Branch’s Data Feeds or Universal Ads features to export data (including Branch’s Data Integrations or Webhook features), you acknowledge and consent to Branch sharing end-user device-related data with the relevant integration partner(s) of your choice.
In consideration for Branch providing any paid services, you agree to pay to Branch the applicable fees ("Fees"). You are responsible for all properly invoiced and undisputed Fees, even if such Fees are due and payable after termination of these Terms. Failure to use the Services does not constitute a basis for refusing to pay any Fees. Except as expressly provided otherwise in these Terms, You will not receive any refund or prorated refund for amounts previously paid or amounts owed up to the effective date of termination. We reserve the right to send Your account to a collections agency for nonpayment (who may, in turn, report the uncollected debt to credit bureaus if the debt is not paid within a certain period of time) and to use Your contact information for debt collection purposes if these Terms are terminated for non-payment as set forth herein following the 30-day cure period and You are not disputing such payment obligation.
Any relevant paid service-specific terms including, for example, contract duration, monthly fees, invoice cadence, payment forms, and collection period will be addressed within an associated Order Form. You shall be responsible for the payment of any fees associated with an electronic funds transfer (i.e., ACH, wire transfer) when issuing payment to Branch, which includes fees from Your financial institution and intermediary banks. You may be prompted to pay by credit card in which case Fees will be billed to the credit card nominated by you and you authorize the card issuer to pay all such amounts and authorize Branch (or its billing agent) to charge the credit card account until you or Branch cancels or terminates the Services as set forth herein; provided that if payment is not received from the credit card issuer, the transaction is returned after the payment has been settled, otherwise known as chargeback, or if there are insufficient funds in the case of check or debit card payments, you agree to pay all amounts plus any applicable transaction fees (e.g., NSF fees, chargeback fees) due upon demand. You must provide current, complete and accurate billing and credit card information. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which you will be responsible to pay. If you have concerns about any charges on your invoice, you agree to our Billing Dispute Resolution Process which stipulates: (i) all billing disputes must be submitted in writing to email@example.com, (ii) billing disputes must be submitted within 180 days of the date the invoice was generated, and (iii) undisputed amounts will be subject to these Terms and total payment for undisputed invoices or amounts must be submitted when due. In the event we are unable to process your payment and/or your account becomes past due, Branch is entitled to take further action including but not limited to cancelation of your subscription(s).
All Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, "Taxes"). You are responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Branch’s net income.
Except as otherwise agreed to by you and Branch in a superseding Order Form, your access to the Services will automatically renew under the same Order Form terms (contract duration, billing frequency, collection period, etc.), unless and until your access to the Services is terminated in accordance with this Section.
Except when subject to a binding contract duration (see any applicable Order Form), you may terminate your access to and use of the Services at any time by providing written notice to Branch at firstname.lastname@example.org. Such termination will be effective as of the last day of the calendar month during which such termination notice is received.
Except as otherwise agreed to by you and Branch in a superseding Order Form, Branch reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Services upon thirty (30) days’ written notice (email sufficient), provided that Branch will promptly provide a pro-rated refund of all pre-paid and unearned amounts based on the period of suspension or the date of discontinuance, as applicable. Branch may also, in its sole discretion, terminate your access to the Services if you violate any of these Terms, unless you cure such breach within thirty (30) days of written notice of such violation.
Except for paid services, as to which the terms and conditions governing termination are set forth above in "PAID SERVICE TERMS," You acknowledge and agree that Branch, in its sole discretion, may terminate your use of the Services without prior notice for any reason at any time. You agree that Branch shall not be liable to you or any third party for termination by Branch.
You will comply with all laws, regulations, and self-regulatory guidelines applicable to your business and operations and to your use of the Services, including those governing the privacy, security and trans-border transfers of personally identifiable information ("PII") (including, but not limited to, compliance with the General Data Protection Regulation (EU 2016/679) (the "GDPR") and the California Consumer Privacy Act (“CCPA”)). Where required, you shall be responsible for (a) obtaining verifiable consent, in the form required by applicable laws, regulations, and self-regulatory guidelines, related to any PII collected, used, maintained, and shared with Branch, or that you direct Branch to share with any third party; (b) ensuring that you otherwise have any and all rights required in order to provide such data to Branch or to direct Branch to share it with any third party; and (c) obtaining data properly and in accordance with applicable law, including, without limitation, the U.S. Children’s Online Privacy Protection Act (“COPPA”). To the extent that any of your users request that you not share their data with Branch, or to the extent that you believe that any data you may have provided to Branch was inappropriately obtained, you shall inform Branch immediately.
You grant to Branch a limited, non-exclusive, non-sublicensable, non-transferable license to use the data collected through the Services to (a) provide, maintain, optimize and improve the Services; (b) to fulfill customers’ requests for the Services; (c) send information about the Services including confirmations, invoices, payment processing, technical notices, updates, security alerts, and support and administrative messages; (d) communicate about products and services offered by Branch and Branch’s selected partners; (e) conduct research; (f) analyze and aggregate customer data with data of other customers for Branch’s own internal business purposes, such aggregate data being "Aggregate Data"; and (g) use such Aggregate Data to conduct research and create data and analytics products and services to enable customers to tailor content, ads, or their Apps based on information collected via the Services.
Certain parts of the Services, including account management features, may be password-restricted to registered users or other authorized persons ("Password-Protected Areas"). You may select individuals (employees or independent contractors) to access and use the Services and you will obtain separate credentials, e.g., user IDs and passwords, from Branch for such individuals (each, an "Authorized User").
You will at all times be responsible for all actions taken under an Authorized User’s account, whether or not such action was taken by an Authorized User or by another party, and whether or not such action was authorized by an Authorized User. You are responsible for the security of each Authorized User’s credentials and will not share (and will instruct each Authorized User not to share) such credentials with any other person or entity or otherwise permit any other person or entity to access or use the Services.
The Services may display, or contain links to, third party products, services, and websites. Any opinions, advice, statements, services, offers, or other information that constitute part of the content expressed, authored, or made available by other users or other third parties on the Services, or which is accessible through or may be located using the Services (collectively, "Third-Party Content") are those of the respective authors or producers and not of Branch or its shareholders, directors, officers, employees, agents, or representatives. Branch does not control Third-Party Content and does not guarantee the accuracy, integrity or quality of such Third-Party Content. Branch is not responsible for the performance of, does not endorse, and is not responsible or liable for, any Third-Party Content or any information or materials advertised in any Third-Party Content. By using our Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third-party service or Third-Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.
You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Services.
You will not use our Services to: (i) upload, post, email, or otherwise transmit any information that contains anything unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any information that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of unauthorized solicitation; (vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) upload, post, email, or otherwise transmit any sensitive information such as end user account passwords or payment information, medical records, government identifiers, sexual orientation or other information considered sensitive under applicable law; (ix) create lists or segments of children under the age of 13 (and in certain jurisdictions under the age of 16), advertise mobile Apps or websites that are directed to children under 13 (and in certain jurisdictions under 16), and/or knowingly market products or services to children under 13 (and in certain jurisdictions under the age of 16), without employing appropriate settings within the Branch SDKs to limit data collection for children under 13 (and in certain jurisdictions under 16), in order to comply with any applicable laws protecting children (including, but not limited to, GDPR and COPPA); (x) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (x) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (xi) "stalk" or otherwise harass another; or (xi) collect or store personal data about other users in a way that violates applicable law.
You agree to comply with reasonable requests of Branch to support public relations efforts pertaining to the Services, which efforts may include: (a) a press release highlighting your company’s use of the Services; (b) participation in targeted press and analyst interviews highlighting benefits of implementing the Services; and (c) participation in customer case studies developed by Branch and used on Branch’s web site and other collateral. You grant to Branch a non-exclusive, non-transferable, limited right to use your name, trademarks, and logos (collectively, the "Customer Marks") (i) for the purpose of referencing You as a customer of Branch on the Branch website(s) and (ii) in the production of marketing materials, provided that such use is in accordance with any trademark and logo use guidelines that you provide to Branch. All goodwill developed from such use shall be solely for your benefit.
"Branch Metrics", the Branch Metrics logo, and any other product or service name or slogan displayed on the Services ("Branch Marks") are trademarks of Branch and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Branch or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Branch Metrics" or any other Branch Marks without Branch’s prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the trade dress of Branch and may not be copied, imitated or used, in whole or in part, without Branch’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Branch.
You acknowledge and agree that both you and Branch may have access to, or become acquainted with, certain non-public confidential information of the other party ("Confidential Information") including all information clearly identified as confidential at the time of disclosure. You and Branch further agree that, subject to the rights and licenses granted herein, each party's Confidential Information shall include all non-public information, including any customer, customer prospect, marketing, technical, business and/or strategic plans or information provided by such party to the other party in the performance of the services under these Terms.
Each party agrees as follows: (a) to use the Confidential Information of the other party only for the purposes permitted by these Terms; (b) to take all reasonable steps to ensure that the other party’s Confidential Information is not disclosed or distributed by its employees or agents in violation of these Terms, but in no event will either Party use less effort to protect the Confidential Information of the other party than it uses to protect its own Confidential Information of like importance; (c) to restrict access to the Confidential Information disclosed by the other party to such of its employees, agents and third parties, if any, who have a need to have access and who have been advised of and have agreed in writing or are otherwise bound to treat such information in accordance with these Terms; and (d) to return or destroy all Confidential Information of the other party in its possession upon termination of these Terms or upon the disclosing party’s written request. Notwithstanding the foregoing, Confidential Information may be disclosed as required by any governmental agency, provided that before disclosing such information the disclosing party must provide the non-disclosing party with sufficient advance notice of the agency’s request for the information to enable the non-disclosing party to exercise any rights it may have to challenge or limit the agency’s authority to receive such Confidential Information.
The receiving party will not be obligated under this confidentiality section with respect to information that: (a) is or has become readily publicly available through no act or omission of the other party or its employees or agents; (b) is received from a third party lawfully in possession of such information and the receiving party has no knowledge of any disclosure restrictions on such third party to disclose such information; (c) is disclosed to a third party by the disclosing party without restriction on disclosure; (d) was rightfully in the possession of the receiving party without restriction prior to its disclosure by the other party; or (e) was independently developed by employees or consultants of the receiving party without reliance on, or reference to, such Confidential Information.
You own all right, title and interest in your Apps and websites. The Branch API and the Branch SDKs are licensed, not sold, and Branch and its licensors exclusively own all right, title and interest in and to the Services, the Branch API, and the Branch SDKs, including all associated intellectual property and proprietary rights. You acknowledge that the Services, the Branch API, and the Branch SDKs are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, the Branch API, or the Branch SDKs.
Branch may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about the Services ("Feedback"). You agree that Branch may, in its sole discretion, use the Feedback you provide to Branch in any way, including in future enhancements and modifications to the Services. You hereby grant to Branch and its assigns a perpetual, worldwide, fully transferable, sub-licensable, fully paid-up, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
The Services, the Branch API and the Branch SDKs are provided "AS IS," without warranty of any kind. WITHOUT LIMITING THE FOREGOING, BRANCH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Branch does not guarantee the accuracy, completeness, or usefulness of the Services, the Branch API or the Branch SDKs and you rely on the Services, the Branch API and the Branch SDKs at your own risk. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY.
Except with respect to sections of these Terms pertaining to Confidentiality and Indemnity: (a) Branch and its suppliers and licensors will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Branch has been advised of the possibility of such damages), resulting from your use of the Services, the Branch API and/or the Branch SDKs; and (b) under no circumstances will the total liability of Branch and its suppliers and licensors of all kinds arising out of or related to your use of the Services, the Branch API and the Branch SDKs (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based in contract, tort, or otherwise, exceed the amounts, if any, that you have paid to Branch for use of the Services for the twelve (12) month period prior to the claim.
You will defend, indemnify and hold Branch and its officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability associated with any claim, suit or action against Branch brought by a third party caused by (a) your use of the Services, the Branch API and/or the Branch SDKs (including any such use by your officers, agents, employees, vendors, representatives, or assigns), or (b) your violation of any of these Terms (including any such violation by your officers, agents, employees, vendors, representatives, or assigns).
Branch will defend, indemnify and hold you and your company’s officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability associated with any claim, suit or action against you brought by a third party to the extent based upon a claim that any of the Services infringe the United States copyright rights or misappropriate the trade secret rights of any third party. Upon the occurrence of a claim, suit or action for which indemnity is or may be due, or in the event that Branch believes that such a claim, suit or action is likely, Branch may, at its option (a) appropriately modify the Services so that they become non-infringing, or substitute functionally equivalent services; (b) obtain a license to the applicable third-party intellectual property rights; or (c) terminate these terms on written notice to you. You agree that Branch’s performance of its obligations under this section constitute your exclusive remedy, and Branch’s sole obligation, with respect to a third party infringement claim.
Branch’s obligations set forth above within this “INDEMNITY” section do not apply to the extent an indemnified claim regarding intellectual property infringement arises out of, and would not have otherwise occurred absent of, (a) Your breach of these Terms; (b) revisions to the Services made without Branch’s written consent; (c) Your failure to incorporate updates or upgrades to the Services that would have avoided the alleged infringement, provided that Branch offered such upgrades or updates without charges not otherwise required pursuant to these Terms or Order Form agreed to between You and Branch; or (d) use of the Services in combination with hardware or software not provided by Branch.
These Terms and all matters arising out of or relating to these Terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions.
Any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in the Northern District of California. You and Branch hereby agree to submit to the jurisdiction of, and agree that venue is proper in, those courts in any such legal action or proceeding.
Under no circumstances will either party (including Branch’s licensors) be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or other similar causes beyond such party’s control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties, provided that such party gives prompt written notice of such condition and resumes its performance as soon as possible, and provided further that the other party may terminate these Terms if such condition continues for a period of ninety (90) days.
The Services, the Branch API, the Branch SDKs, and any derivatives thereof, may be subject to export control and economic sanctions laws and regulations of the United States and other jurisdictions. Both Customer and Branch each represent that it is not named on any U.S. Government Consolidated Screening denied-party list which may be searched at: https://www.export.gov/article?id=Consolidated-Screening-List. Customer shall not permit any entity or individual to access or use any of the Services, the Branch API, or the Branch SDKs who is listed on the Consolidated Screening List or located in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan, Syria or Crimea), or known to be engaged in proliferation of nuclear, chemical or biological weapons or missiles, or otherwise in violation of any U.S. export law or regulation.
Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
These Terms are not assignable, transferable or sublicensable by you except with Branch’s prior written consent. Branch may transfer and assign any of its rights and obligations under these Terms freely and without consent.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Branch in any respect whatsoever.
Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no provision of these Terms is intended, nor shall it be interpreted, to provide or create any third-party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.
Unless stated otherwise in a writing signed by both You and Branch that specifically references these Terms, these Terms are the complete and exclusive statement of the mutual understanding of the Parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to your use of the Branch Services.
Beyond these principles stated above, Branch will continue to find ways to design our services to respect end user privacy. We’re committed to making sure our customers understand how we use data they entrust to us and how they can control it so that they can, in turn, be transparent with their end users.
Branch Metrics, Inc. ("Branch", "us" or "we") offers a linking and analytics platform enabling developers of applications (our "Clients")--whether those applications are websites or "apps," and across different types of devices--to improve their end users’ ("Users") cross-application experiences, and to derive additional insights into how their Users download and utilize those applications. Branch recognizes and believes that data privacy is important to all Internet users, and therefore we design and operate our services in a privacy-first manner.
Below, we explain what information we collect on behalf of our Clients through the Services, and how we use it. We process information in a way that is relevant for the purpose for which it was collected as described below.
Branch provides a variety of Services intended to help Clients bridge together the identity of their Users across a wide array of platforms, devices and applications. Branch helps Clients by connecting User interactions across siloed applications (email, SMS, web browsers, social platforms, native applications and others), so that Clients understand the multiple steps that a User took to ultimately complete a transaction with the business. This information is used by the Client to better inform marketing and product decisions as well as to provide improved user experiences by using their knowledge of continuity.
The key use cases of Branch’s connection service are:
Branch requires that each Client commit to share with Branch only information that it has lawfully obtained (including, where necessary, by obtaining consent from Users), and that it has the right to share with Branch. We strongly discourage Clients from sharing sensitive User information with us, as such information is not necessary for the provision of the Services, and we prohibit them from providing us with data relating to children under 13 (or, in certain jurisdictions, under 16).
In the charts below, we summarize the information collected automatically by the Services.
Branch collects the following information from web URLs created by the Client and pixels placed on Client websites. Some of this information is considered personal data under applicable law (in other words, information that itself may identify a unique individual or can be linked back to an individual) (“Personal Data”).
|Type of Information Collected||Purpose|
|IP Address||Standard web HTTP request; used for matching and to understand general location|
|Cookie||Standard web cookies, used for matching|
|Link Data||Metadata controlled by the Client, which may be used to interpret the data for reporting, or for analytics|
|User Agent||Standard web browser user agent metadata; used for matching|
|Referrer||Standard web browser HTTP referrer; may be used for reporting and analytics|
|Request||Standard web HTTP request|
|Phone Number||Used only to facilitate the “Text me the app” feature|
SDKs are Software Development Kits that include code that allows Clients to use the Branch Services. The Branch Mobile App SDKs and Web SDKs collect the following information when Clients use these SDKs in their mobile applications or websites, some of which may be considered Personal Data under applicable law:
|Type of Information Collected||Purpose|
|iOS Identifier for Advertising (IDFA)||Used for identification and matching|
|iOS Identifier for Vendors (IDFV)||Used for identification and matching|
|Android Advertising ID (GAID)||Used for identification and matching|
|Android ID||Used for identification and matching|
|Branch Cookie ID||Used for identification and matching|
|IP Address||Standard web HTTP request; used for matching and to understand general location|
|Application version||Metadata feature used for identification and matching|
|Device model||Metadata feature used for identification and matching|
|Manufacturer||Metadata feature used for identification and matching|
|Operating system||Metadata feature used for identification and matching|
|Operating system version||Metadata feature used for identification and matching|
|Screen size||Metadata feature used for identification and matching|
|Screen resolution||Metadata feature used for identification and matching|
|Session start/stop time||Metadata feature used for reporting and analytics|
|Mobile network status (WiFi, etc)||Metadata feature used for identification and matching|
|Application installed time||Metadata feature used for reporting and analytics|
|Application updated time||Metadata feature used for reporting and analytics|
|Device locale (country and language)||Metadata feature used for identification and matching|
|Local IP address||Metadata feature used for identification and matching|
|Mobile platform||Metadata feature used for identification and matching|
|Branch SDK version||Metadata feature used for identification and matching|
|Developer ID||(optional) Client-supplied unique identifier; metadata feature used for identification and matching|
In addition to the information identified above, the Branch Desktop SDKs collect the following identifiers when Clients use these SDKs in their desktop applications, some of which may be considered Personal Data under applicable law:
|Type of Information Collected||Purpose|
|MAC address||Used for identification and matching|
|Windows Advertising ID||Used for identification and matching|
|CPU ID||Used for identification and matching|
Data Branch collects through the Services is processed:
We may aggregate and/or de-identify the data we collect through the Services. After data has been aggregated and/or de-identified, Branch cannot use it to personally identify an individual. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including business partners, Customers, and/or others.
Our Clients use the information collected via the Services to improve their Users’ app experiences, customize their apps to Users, and to better understand their app marketing programs and how Users discover their apps. For example, a User may want to share information about a hotel that she found in a travel app with a friend. When that User sends her friend a Branch link to that hotel, after clicking the link the friend is brought directly to the content relating to that hotel within the app, rather than landing on the app’s homepage and having to search for the hotel. The travel app would also gain insights and analytics as to how the content is being shared from its app.
Branch recognizes a number of consumer choice mechanisms. Due to the nature of the Services, some functionality may be degraded or no longer work as a result if you exercise certain of the opt-outs below.
Branch’s Browser Cookie Opt-Out: Our cookie-based opt-out can be accessed by clicking here. This will place a Branch opt-out cookie on your browser. Where Branch detects the presence of that opt-out cookie, we will no longer set cookies (beyond the opt-out cookie itself). Cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device.
NAI Browser-Based Opt-Out: Branch is a member of the Network Advertising Initiative (“NAI”), and adheres to its Codes of Conduct. NAI provides you with the opportunity to opt-out (on a browser-by-browser basis) from data collection by participating NAI members, including Branch. That opt-out is available here.
Device-Based Opt-Out: You can submit a request to opt-out of the Branch Services on a particular device by submitting a request here.
Mobile Device Identifier: To exercise the mobile device privacy settings controls, please visit the privacy settings of your Android or iOS device and select “opt-out of interest based ads” (Android) or “limit ad tracking” (Apple iOS). Branch will only be able to collect information as permitted by these settings.
Client App Opt-out Controls: Branch supports functionality to allow Clients to respect granular controls regarding User data privacy rights. Clients can flag in the Branch SDK that a particular User has requested that their data not be processed by Branch, in which case Branch will no longer process engagement data on behalf of the Client for that User.
Branch collects information from Website visitors (“you” or “Website Users”) located at www.branch.io (the “Website”), which includes the dashboard provided to our Clients located at dashboard.branch.io. The types of information we may collect and our privacy practices depend on the nature of the relationship you have with us and the requirements of applicable law. Below are the legal bases and some of the ways we collect information and how we use it. We process information in a way that is relevant for the purpose for which it was collected as described below.
Branch collects personal and non-personal data via the Website. Personal Data is information that itself may identify a unique individual or can be linked back to an individual. For example, when Clients register to use our Services, we ask them to provide us with Personal Data, including first and last name and email address.
Dashboard Information: Information we collect from visitors who register for an account on our dashboard includes the following, some of which is considered Personal Data under applicable law
|Type of Information Collected||Purpose|
|IP Address||Standard web HTTP request; may be used for limited security login controls|
|Cookie (ours)||Standard web cookie used for dashboard session management|
|Cookie (third-party)||Third-party web tracking tools used for internal business intelligence|
|First, Last Name||Used for team user identification|
|Used as the primary login identifier|
|User Agent||Standard web browser user agent metadata; may be used for limited security login controls|
|Referrer||Standard web browser HTTP referrer; may be used for general internal business analytics|
|Request||Standard web HTTP request; may be used for general internal business analytics|
|Github ID||(optional) Can be used as a login method|
We also require Clients to set up a user ID and unique password for account security purposes. Clients must not share their passwords with anyone. Clients also have the option of adding other team members to their account. This account information enables us to set up an account for Clients, to provide the Services, and to otherwise manage Client accounts. We may also use this information to notify Clients about updates to our Services and provide them with promotional emails. We offer a mechanism to opt-out from promotional emails as described in the “Opt-out from Promotional Emails” section below.
Account and Billing Information: To the extent that we charge a fee for the Services, we may also collect billing, payment, and contract information from Clients through our third-party payment and contract processors.
Third Party Connection Information: Some features of the dashboard Services allow you to share your information through your accounts with other companies such as Facebook and Google. If you choose to connect Branch to such third-party services, we may collect information related to your use of those third-party services, such as authentication tokens that allow us to connect to your third-party service accounts. We will ask you for permission before you authorize our collection of this information. We may also collect information about how you are using the Services to interact with those connected third-party services.
Communications with Branch: Some Users may provide Personal Data to Branch by sending us an email or filling out an online form on the Website. We use this information to answer their question(s), and may store that information for our record keeping, marketing, and advertising purposes.
Research/Survey Solicitations: From time to time, we may perform research (online and offline) via surveys. We may engage third-party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Website, various types of communications, advertising campaigns and/or promotional activities.
Cookies, Pixels and Web Beacons: We also collect other data via the Website from Website Users, including Website Users employed by or affiliated with Clients, through cookies and/or web beacons. Such information, some of which may be considered Personal Data under applicable law, may include IP address, pages viewed, browser type, Internet browsing and usage habits, Internet Service Provider, domain name, the time/date of your visit to the Website, the referring URL, and your computer’s operating system.
Data Branch collects through the Website is processed:
Where you have consented to Branch's processing of your Personal Data in connection with your use of the Website, you may withdraw that consent at any time by following the instructions below. Additionally, before we use Personal Data for any new purpose not originally authorized by you, we will provide information regarding the new purpose and give you the opportunity to opt out. Where your consent for the processing of Personal Data is otherwise required by law or contract, we will comply with the law or contract.
Also, you can choose to set your browser to remove cookies and to reject cookies. To exercise the Do Not Track settings, please visit the privacy settings of your browser. Where Branch is able to see that such a selection has been made, we will not use information collected from that device to target advertising on that browser. Dashboard users must use the “Cookie Consent” feature to revoke permission to place cookies.
Note that, even if you opt-out, we may still collect and use non-personal data regarding your activities on our Website. This also does not opt you out of being served advertising altogether; you will continue to receive generic advertisements.
The Website utilizes third-party tracking tools from third-party service providers, which may enable these third parties to analyze our Website traffic for analytics purposes. Some of these third-party service providers may collect information from this Website for retargeting and interest-based advertising purposes. For more information about these forms of ad targeting and to understand your right to opt-out from these practices, please visit http://www.aboutads.info/choices/. All of these tools are hosted by the third parties who provide them, and your interactions with these features are governed by the privacy policies of the third parties providing them. These tools include, but are not limited to, those below.
Mixpanel. We use a service provided by Mixpanel, Inc. (“Mixpanel”) to provide us with analytics data regarding Website Users’ interactions with our Website and Services. You may opt-out of Mixpanel’s automatic retention of data that is collected while using the Services by visiting https://mixpanel.com/optout/. To track opt-outs, Mixpanel uses a persistent opt-out cookie placed on your device. Please note that if you get a new computer, install a new browser, erase or otherwise alter the browser’s cookie file (including upgrading certain browsers), you may delete the Mixpanel opt-out cookie.
Intercom. We use Intercom (www.intercom.com) to facilitate communications with, maintain information about, and collect publicly available information about, our Website Users. For more information on Intercom’s services, please visit www.intercom.com.
We provide Clients with a mechanism to access, review and update information via the dashboard. If you wish to review or update your information, please visit branch.io and login using the username and password you created. Next, please select “Account Settings” which can be found in the lower left corner of the dashboard screen, then select the “User” tab near the top. If you would like to delete your account, please email email@example.com
Under California law, California residents who have an established business relationship with us may choose to opt-out of the disclosure of Personal Data about them to third parties for such third parties’ direct marketing purposes. Our policy is not to disclose Personal Data collected through our Website to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, email firstname.lastname@example.org.
California residents who have provided us with Personal Data can also request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Data (if any) for such third parties’ direct marketing purposes in the prior calendar year, as well as the type of Personal Data disclosed to those parties.
Securing the information provided by our Clients and collected through our Website is important to us. Branch has implemented industry-standard technical, administrative, and physical safeguards to help protect the information on our servers against unauthorized access, alteration, disclosure or destruction. You are responsible for maintaining the secrecy of your own passwords. If you have reason to believe that your passwords or Personal Data are no longer secure, please promptly notify us at email@example.com.
For our Services: Branch stores the information collected by our Services (see the “What Information Does Branch Collect from our Services?” section above) so long as our systems continue to encounter that User. After that User has been inactive for 30 days (or 90 days for specific attribution products), identifiers collected from that User will be deleted.
Usage activity logs, which are used for the purpose of reporting and analytics, are stored in an identifiable form for no more than 7 days (or up to 60 days as determined by the Client), after which these logs are removed or pseudonymized. Any and all pseudonymized logs are deleted after 12 months.
Aggregated reporting metrics shared with Clients are retained (in aggregate and anonymized form) for up to 24 months, unless otherwise required by applicable law or otherwise agreed between Branch and the Client.
For the Website: We store Personal Data such as email address or billing details for so long as you continue to have a business relationship with Branch and for a reasonable time thereafter for record-keeping purposes. If applicable to you, you may ask us to delete that information by following the instructions above or pursuant to your right of erasure as described in the “Rights of Access, Rectification, Erasure and Restriction” section below.
The Website and/or Services may contain links to other websites and other websites may reference or link to our Website and/or Services. These other domains and websites are not controlled by Branch, and we do not endorse or make any representations about third-party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application that you interact with. We do not endorse, screen, or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
Branch is subject to the investigatory and enforcement authority of the US Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks we are obliged to inform EU, UK, and Swiss individuals whose data is being transferred into the United States that we may be required to release personal data in response to lawful requests by public authorities including to meet national security and law enforcement requirements.
Branch remains liable for the onward transfer of EU, UK, and Swiss personal data to agent third parties pursuant to the Privacy Shield unless we can prove we were not a party to the actions giving rise to the damages.
We acknowledge the right of EU, UK, and Swiss individuals to access their data pursuant to the Privacy Shield. EU, UK, and Swiss individuals wishing to exercise this right may do so by contacting firstname.lastname@example.org.
In compliance with the Privacy Shield Principles, Branch commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union, UK, and Swiss individuals with Privacy Shield inquiries or complaints should first contact Branch at:
Branch Metrics, Inc.
1400 Seaport Blvd
Building B, 2nd Floor
Redwood City, CA 94063
or by email at email@example.com
Branch has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Services: Because Branch is a service provider that processes data on behalf of its Clients, any requests relating to European Users’ exercise of their rights of access, rectification, erasure, or restriction under the European General Data Protection Regulation (“GDPR”) must be provided to Branch by a Client. Clients can notify Branch of these requests here.
Moreover, Branch supports functionality to allow Clients to respect granular controls regarding User data privacy rights. Clients can flag in the Branch SDK that a particular User has requested that their data not be processed by Branch, in which case Branch will no longer process engagement data on behalf of the Client for that User.
Website: Website Users who are residents of the European Economic Area may seek confirmation regarding whether Branch is processing Personal Data about you, request access to such data, and ask that we correct, amend, or delete it where it is inaccurate or has been processed in violation of the Privacy Shield Principles. You can submit such requests starting on May 25, 2018 at https://gdpr.branch.io/hc/en-us/requests/new, which will be processed in line with applicable law. Although we make good faith efforts to provide you with access to your Personal Data, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where it is commercially proprietary. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Data.
European individuals have the right to file a GDPR complaint directly with the appropriate EU Data Authority. For information on who those parties are and how they can be reached please go to http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
Services: The Branch Services are not directed to children. We require that Clients agree to not send to us data relating to any children under 13 (or, in certain jurisdictions, under 16). If you are a Client and want to learn more about Branch SDK features that you can use in your compliance with the U.S. Children’s Online Privacy Protection Act (COPPA), GDPR, or any other applicable law, please contact firstname.lastname@example.org.
If you believe that we might have any information from or about a child under 13 (and in certain jurisdictions under 16) in violation of applicable law, please contact us at email@example.com, so that Branch can promptly investigate and delete any information that it may have been provided inappropriately.
Website: The Branch Website is not directed to children. We do not knowingly collect through the Website Personal Data from anyone under the age of 13 (and in certain jurisdictions under the age of 16). If you are under 13 (and in certain jurisdictions under 16), please do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. No one under 13 (and in certain jurisdictions under 16) may provide any Personal Data to us. In the event that we learn that we have collected any such data from a child under 13 (and in certain jurisdictions under 16) through our Website, we will take reasonable steps to delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13 (and in certain jurisdictions under 16), please contact us at firstname.lastname@example.org, so that Branch can promptly investigate and delete any inappropriately obtained information.
We may change this Policy at any time in our sole discretion. We will post all changes to this Policy on this page and will indicate at the top of the page the modified Policy’s effective date. If you have any questions or suggestions regarding this Policy, please contact us at:
Branch Metrics, Inc.
1400 Seaport Blvd
Building B, 2nd Floor
Redwood City, CA 94063
or by email at email@example.com