Terms & Policies

Terms & Conditions
Last updated June 26th, 2020

Introduction

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These Terms & Conditions (“Terms”) are entered into by and between of Branch Metrics, Inc., a Delaware corporation d/b/a Branch Metrics ("Branch," "Branch Metrics," "we," or "us") and the entity or person accessing this website (“Website”) or placing an order for or accessing any Services made available by Branch Metrics (“Customer” or “you” or “your”). “Services" means the products and services that are made available online by Branch such as deep linking services, analytics services, content and source analytics, a web-based dashboard, data import and export features, 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 the “Beta Services”, as defined in these Terms, other services or products that Branch may make available from time to time, and associated Branch offline or mobile components. Services exclude (i) Web-based, mobile, offline or other software application functionality that interoperates with a Service, that is provided by Customer or a third party, and (ii) Third-Party Content, as defined in these Terms. By indicating your acceptance of these Terms or using any of our Services, you agree to be legally bound by, and use our Services in compliance with, all terms, conditions, and notices in the Agreement. 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.

Agreement” means these Terms together with any applicable Order Forms, and any exhibits, appendices, schedules, or attachments identified or referenced in these Terms, and any amendments attached hereto or hereafter attached by mutual written agreement of the parties (all of which are incorporated herein by reference).

Order Form” means an ordering document or online order specifying the Services to be provided hereunder that is entered into between Customer and Branch or any of their Affiliates, including any addenda and supplements thereto. By entering into an Order Form hereunder, an Affiliate agrees to be bound by the terms of the Agreement as if it were an original party hereto.

Documentation” means the applicable Service’s documentation and usage guidelines at https://docs.branch.io/.

Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

Modifications. 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.

ACCESS TO OUR SERVICES AND AVAILABILITY

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Service Access & Availability. Subject to your compliance with these terms and conditions, Branch will make the Services available to you pursuant to the terms of the Agreement, and shall: (a) use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Branch shall give advance electronic notice), and (ii) any unavailability caused by circumstances beyond Branch’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Branch employees), Internet service provider failure or delay, integrated third party applications , or denial of service attack, and (b) provide the Services in accordance with laws and government regulations applicable to Branch’s provision of its Services to its customers generally (i.e., without regard for Customer’s particular use of the Services), and subject to Customer’s use of the Services in accordance with the Agreement, the Documentation and the applicable Order Form. Your rights to access and use the Services are limited by all terms set forth in the Agreement.

RESTRICTIONS; UPDATES & SUPPORT

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Restrictions. You must comply with all applicable laws when implementing, configuring, and 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 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; or (f) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Services; or (g) 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 support@branch.io.

Updates and Support. Branch will maintain, support, update, and provide error corrections for the Services to the same extent it does so for its customers generally. Ultimately, you are responsible for timely integration and launch of the Services. If Branch provides you with an update or maintenance release for the offline components of the Branch Services, 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. Branch shall have no liability for any damages that may result from Customer’s failure to implement upgrades or updates to the Services, provided that Branch offered such upgrades or updates without charges not otherwise pursuant to the Agreement agreed to between Customer and Branch. All support requests must be sent to support@branch.io.

BETA SERVICES

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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 at no additional charge 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 only and not for production use, are not subject to any service level agreements (SLAs) agreed to 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. Branch may discontinue Beta Services at any time in Branch’s sole discretion and reserves the right to never make them generally available. BRANCH WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF, OR IN CONNECTION WITH, CUSTOMER’S USE OF A BETA SERVICE. THE BETA SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE, AND ARE EXCLUSIVE OF ANY WARRANTY WHATSOEVER. 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, COURSE OF PERFORMANCE, OR USAGE OF TRADE. In the event of a conflict or inconsistency between this section and any other provision of the Agreement, the terms of this section “BETA SERVICES” shall control and prevail.

PAID SERVICE TERMS

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Fees. You will pay to Branch all fees specified in an Order Form (“Fees”). Unless otherwise agreed to by you and Branch in an applicable Order Form, 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. You are responsible for all undisputed Fees, even if such Fees are due and payable after termination of the Agreement or any portion thereof. Fees are non-cancellable and failure to use the Services does not constitute a basis for refusing to pay any Fees. Except as expressly provided in the Agreement, you will not receive any refund or prorated refund for amounts previously paid or amounts owed up to the effective date of termination.

Payments & Invoicing. Any relevant paid service-specific terms including, for example, contract duration, monthly fees, billing frequency, payment forms, and payment term will be addressed within an associated Order Form. All charges shall be invoiced in advance in accordance with the billing frequency stated in the applicable 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 are responsible for providing complete and accurate billing and contact information to Branch and notifying Branch of any changes to such information. In certain instances where your payment method is via credit card, the issuer of the credit card may charge a transaction fee or related charges, which you will be responsible to pay.

Payment Disputes. If you have concerns about any charges on your invoice, you agree to the following dispute resolution process: (i) all billing disputes must be submitted in writing to billing@branch.io, (ii) billing disputes must be submitted within 90 days of the date the invoice was generated, and (iii) undisputed amounts will be subject to the Agreement and total payment for undisputed invoices or amounts must be submitted when due.

Suspension or Cancellation of Service; Payment Acceleration. Without derogating from any other remedies available to Branch under the Agreement or by applicable law, if you owe any undisputed Fees 30 days or more past due in connection with any Services provided by Branch under any applicable Order Form, then, without affecting any of your payment obligations under the Agreement (including, any payment obligations under an Order Form), Branch is entitled to take further action including but not limited to accelerating your unpaid fee obligations under such agreement so that all such obligations become immediately due and payable, and suspending and/or cancelling your access to the Services until such amounts are paid in full. Branch reserves the right to send your account to a collections agency for nonpayment (which may, in turn, report the uncollected debt to credit bureaus) and to use your contact information for debt collection purposes if the Agreement is terminated for non-payment as set forth herein following a 10-day cure period.

Taxes. Branch’s Fees do not include any local, state, or federal sales, use, excise, personal property, VAT, or other similar taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, any withholding tax, and any such taxes, to the extent legally applicable, which shall be borne and paid by Customer) (collectively, "Taxes"). If Branch has the legal obligation to pay or collect Taxes for which you are responsible under this section, Branch will invoice you and you will pay that amount unless you provide Branch with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, you are responsible for payment of all Taxes resulting from any Fees payable hereunder, other than any taxes based on Branch’s net income, property, and employees.

Withholding Taxes. In the event Fees payable by you to Branch under the Agreement are subject to any applicable withholding tax, goods and services tax, or similar taxes required by any tax authority and you are required by applicable law to remit such withholding tax, you: (a) may withhold and deduct from any payments to Branch under the Agreement an amount equivalent to any applicable withholding tax to the extent required by applicable law ("Withholding Tax"), (b) will pay to the relevant taxation authority the amount of such applicable withholdings in accordance with applicable law; and (c) will pay to Branch the applicable amounts under this Agreement net of such Withholding Tax. You shall be discharged from the obligation to pay Withholding Tax amounts to Branch provided that (1) you have remitted such amount to the relevant taxation authority and (2) you furnish Branch with (i) your tax registration certificate(s) as proof of registration with the applicable taxation authority, and (ii) any and all relevant tax forms and/or statements with proof of Withholding Tax remittance amount to the taxation authority, the applicable rate, and other information which may reasonably be requested for the purpose of assisting Branch to seek any allowable credits or deductions for the Withholding Tax so withheld in each jurisdiction where you are subject to tax.

Overdue Charges. If any invoiced amount is not received by Branch by the due date set forth in the applicable invoice, then without limiting Branch’s rights or remedies, (a) those charges may accrue late interest at the rate of 5% of the outstanding balance per month, and (b) Branch may condition future Order Form renewals on payment terms shorter than those specified in the applicable Order Form.

Term for Paid Services. Except as expressly set forth herein, the terms set forth in these Terms shall be in force for as long as an Order Form referencing the Agreement is in effect. Except as otherwise agreed to by you and Branch in a superseding Order Form, at the end of an applicable term, your access to the Services will automatically renew under the same Order Form terms (contract duration, billing frequency, payment period, etc.), unless and until your access to the Services is terminated in accordance with this section or either party to these Terms provides the other with notice of non-renewal (email sufficient; if to Branch, email to support@branch.io) at least thirty (30) days prior to the commencement of any renewal period.

Termination by Branch. Except as expressly 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 at least 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 or any portion thereof if you violate any terms of the Agreement, unless you cure such breach within thirty (30) days of written notice of such violation. Upon termination of the Agreement, any outstanding balance through the date of termination and other unpaid payment obligations will be immediately due and payable in full.

TERMINATION

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Except with respect to paid services, as to which the terms and conditions governing termination are set forth above in the section "PAID SERVICE TERMS" of these Terms above, 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. 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 support@branch.io. Such termination will be effective as of the last day of the calendar month during which such termination notice is received.

SURVIVAL

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Upon termination of the Agreement, those sections of these Terms that by their nature would reasonably be expected to survive will survive termination or expiration of these Terms, including but not limited to the sections on Termination, Privacy Policy & Data Rights, Confidential Information, Proprietary Rights, Limitation of Liability, and Legal Notices.

PRIVACY POLICY & DATA RIGHTS

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Privacy Policy. You acknowledge and agree that you will provide a privacy policy to your end users, which shall be in compliance with applicable laws and self-regulatory guidelines, including, without limitation each of the Self-Regulatory Principles of the Digital Advertising Alliance ("DAA"), currently available at http://www.aboutads.info/principles, and the Principles of the European Interactive Digital Alliance ("EDAA"), currently available at http://www.edaa.eu/european-principles/, as each set of principles may be amended from time to time. Your privacy policy will further include clear, meaningful, and conspicuous notice consistent with applicable laws, regulations, and self-regulatory guidelines that includes, at minimum, the following: (a) disclosure regarding your practices with regard to cookies and/or targeting and online behavioral advertising; the types of data you collect for this purpose; and your data collection, use and disclosure practices (including that by visiting your Digital Properties, third parties may place cookies on end user browsers, or use non-cookie technology, to collect data that you may use for this purpose); and (b) information regarding how end users may opt out from receiving targeted advertisements by visiting the NAI website opt-out page
here: http://www.networkadvertising.org/choices/, the DAA opt-out page
here: http://www.aboutads.info/, and/or the EDAA opt-out page
here: http://www.youronlinechoices.eu/. Your “Digital Properties” means your mobile applications, websites and program code created by or for you using a Service or for use by you with the Services. You further agree to obtain consent to your practices from your end users with regard to cookies and/or targeting and online behavioral advertising to the extent required by applicable laws, regulations, and self-regulatory guidelines. You acknowledge and agree that your use of the Services is subject to Branch’s Privacy Policy, located at https://branch.io/policies/#privacy. Branch’s Privacy Policy does not cover your Digital Properties, or the use of your Digital Properties, by your end users. It is your obligation to provide your own privacy policy to your end users. You acknowledge that Branch has no direct relationship or interface with your end users and that Branch’s ability to comply with certain applicable data protection and privacy laws is dependent on your compliance with the terms of this section of the Terms.

Data Storage; Cross-Border Data Transfers. Branch is a Privacy Shield certified corporation and as such, any transfers of personal data by Branch from the European Union, United Kingdom, and Switzerland to the U.S. comply with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce and the European Commission.

Data Analytics. You acknowledge and agree that Branch may collect data from your Digital Properties with respect to your use of the Services (see Privacy Policy for complete breakdown of data collected). 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.

Data Security. Branch has implemented a number of technical, administrative, and physical safeguards to help protect the information on its servers, including customer data, against unauthorized access, alteration, disclosure or destruction. However, you acknowledge and agrees that no method of transmission over the Internet or method of electronic storage is completely secure, and that Branch cannot guarantee the absolute security of such information.

Compliance with Applicable Law. 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 personal data (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 personal data 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. Branch shall have no responsibility or liability to the extent resulting from, or arising out of your use of the Services not in compliance with the Agreement, the Documentation or applicable law.

CCPA. If any data collected through your use of the Services is deemed personal information and is subject to the CCPA, then the terms set forth in the Branch CCPA Addendum (“CCPA Addendum“) available at https://branch.io/branch-california-privacy-addendum/ (or its successor URL) shall apply to the use and processing of such personal information and shall be incorporated by reference into, and made an integral part of, the Agreement.

RESTRICTED AREAS OF THE SERVICES

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Registration Information. In order to access and use the Services, you will register an account. Any information provided during such registration must be current, complete and accurate (“Registration Information”). It is your sole responsibility to ensure Registration Information is up to date at all times.

Access Credentials. Certain parts of the Services, including account management features, may be password-restricted to registered users or other authorized persons. You may select individuals (employees or independent contractors) to access and use such parts and you will obtain separate credentials, e.g., user IDs and passwords, from Branch for such individuals (each, an "Authorized User").

Responsibility. 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 shall take all necessary steps to protect each Authorized User’s credentials from disclosure. You 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.

LINKS AND THIRD-PARTY CONTENT

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Third Party Content. You may enable the Services to 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 Branch’s Services as set forth herein, you and/or your end users 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 or a third party’s 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.

USE POLICIES

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You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Services. Customer will not use Branch’s Services in violation of Branch’s Acceptable Use Policy currently available at https://branch.io/policies/#aup.

MARKETING & TRADEMARKS

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Marketing Support. 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 website(s) 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 Trademark Rights. "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.

AGENCIES & PARTNERS

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Agency Client. If you are an agency or a party representing, or providing services for the benefit of, a third party (“Agency Client“), you represent and warrant that you are authorized to act on behalf of, and bind to the Agreement, that Agency Client (and upon Branch’s request shall provide evidence thereof). You further represent and warrant that such Agency Client has provided you with explicit permission to collect on its behalf and view Agency Client’s data and that you shall use such data strictly in accordance with the permissions provided to you by such Agency Client and the terms of the Agreement. You shall ensure that each Agency Client agrees to the terms of the Agreement and any applicable Order Form(s) and agrees to abide by its terms, including without limitation, section 4 (Privacy and Data Rights) of these Terms. You acknowledge and agree that: (i) Branch makes no representations or warranties for the direct or indirect benefit of any Agency Client; and (ii) you shall not make any representations or warranties to such Agency Client on behalf of Branch.

Partners. The Services enable you to measure and analyze its marketing campaigns with certain third parties that you work with, such as advertising networks, publishers and analytics providers (“Partners“). For such purpose, you may, through your configuration of the Services (“Partner Features”), direct Branch to provide data to, and receive data from Partners relating to end users (“Shared Data”). Pursuant to the foregoing, insofar as you make use of the Partner Features, you hereby grant Branch the right to provide Shared Data with Partners as to which you make use of the Partner Features (the “Permitted Partners”) and to obtain and process Shared Data from Permitted Partners. You acknowledge and agree that: (i) the sharing of such Shared Data between Branch and Permitted Partners will be available only to the extent enabled by the Permitted Partner and Branch; (ii) any use of Shared Data by a Permitted Partner shall be subject to your own agreements with Permitted Partner; (iii) Branch shall have no liability or responsibility in connection with any acts or omissions by Permitted Partners; (iv) any use or processing of Shared Data may be subject to certain limitations and restrictions imposed by Permitted Partners, and that Branch is not responsible for fulfilling such limitations and restrictions unless expressly agreed to in writing between you and Branch.

CONFIDENTIAL INFORMATION

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Definition. Each party to these Terms (a “Receiving Party”) may have access to, or become acquainted with, certain non-public confidential information of the other party (a “Disclosing Party”) including without limitation all information clearly identified as confidential at the time of disclosure (“Confidential Information”). 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 regarding the Disclosing party, including without limitation any customer, customer prospect, the terms, conditions and pricing set forth in the Agreement and its Order Form(s), marketing, technical, business and/or strategic plans or information provided by the Disclosing Party to the Receiving party in the performance of the Services under the Agreement.

Use and Disclosure. Each party agrees as follows: (a) to use the Confidential Information of the Disclosing Party only for the purposes permitted by the Agreement, or as otherwise permitted by the Agreement; (b) to take all reasonable steps to ensure that the Disclosing Party’s Confidential Information is not disclosed or distributed by the Receiving Party’s employees or agents in violation of the Agreement, but in no event will either party use less effort to protect the Confidential Information of the Disclosing Party than it uses to protect its own Confidential Information of like importance; (c) to restrict access to the Confidential Information disclosed by the Disclosing Party to such of the Receiving Party’s 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 the Agreement; and (d) to return or destroy all Confidential Information of the Disclosing Party’s written request, after termination of the Agreement. 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 Receiving 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 Disclosing Party; or (e) was independently developed by employees or consultants of the Receiving Party without reliance on, or reference to, such Confidential Information.

Permitted Disclosures. 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 Receiving Party with sufficient advance notice of the agency’s request for the information to enable the Receiving Party to exercise any rights it may have to challenge or limit the agency’s authority to receive such Confidential Information, to the extent permitted by applicable law.

PROPRIETARY RIGHTS

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Proprietary Rights. As between you and Branch, you shall retain all right, title and interest in your Digital Properties. If you choose to use Customer’s Digital Properties with a Service, you grant Branch permission to allow the Services to interoperate with your Digital Properties as required for the interoperation of your Digital Properties with the Service. Subject to the limited licenses granted herein, Branch acquires no right, title or interest from you or your licensors under the Agreement in or to your Digital Properties. Subject to the limited rights expressly granted hereunder, Branch, its Affiliates, and its licensors reserve all of their right, title and interest in and to the Services (including the Branch application programming interfaces and the Branch software development kits), all technology utilized by Branch to provide the Services, and all of their related intellectual property rights related to, embodied by, or incorporated in any of the foregoing and including any updates, upgrades, enhancements, modifications and improvements made to, or derivatives of, the foregoing. No rights are granted to Customer hereunder other than as expressly set forth herein.

Feedback. 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.

WARRANTY & DISCLAIMER OF WARRANTIES

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Warranty. You represent and warrant to Branch that: (a) you are duly organized under applicable law and have sufficient authority to enter into the Agreement; (b) the person entering into the Agreement is authorized to agree to and execute the Agreement on behalf of such party; and (c) the execution and performance of the Agreement does not conflict with any contractual obligations you have to any third party.

DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, THE SERVICES, AND THE DOCUMENTATION ARE PROVIDED “AS IS,” WITHOUT REPRESENTATION OR 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, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Branch does not warrant the accuracy, completeness, or usefulness of the Services, and the Documentation, nor does Branch warrant that the Services will be free from errors, or that the operations of the Services will be uninterrupted. You rely on the Services and the Documentation at your own risk. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY THE LIMITATIONS SET FORTH ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

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BRANCH AND ITS SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, GOODWILL, USE, DATA THAT IS INCOMPLETE, MISSING, OR INCORRECT, OR OTHER INTANGIBLE LOSSES (EVEN IF BRANCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICES.

UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BRANCH AND ITS SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, 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. SOME OF THE LIMITATIONS PROVIDED HEREIN MAY NOT BE ALLOWED UNDER THE LAWS OF CERTAIN JURISDICTIONS.

IF ANY SUCH LAW IS DEEMED TO APPLY TO THE AGREEMENT THEN THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAWS.

INDEMNITY

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Indemnity. You will defend Branch, its Affiliates and their officers, agents, employees, representatives, and assigns (“Branch Indemnified Parties”) against any claim, demand suit or action against Branch brought by a third party (a) arising from your use of the Services in a lawful manner or in violation of the Agreement or applicable Order Form, or usage of the Services in violation of the Documentation or (b) alleging that any of your Digital Properties developed or provided by you, or the combination of your Digital Properties used with the Services, infringes or misappropriates such third party’s intellectual property rights or (c) your instructions to share Shared Data with a Partner (each a “Claim Against Branch”). You will indemnify Branch Indemnified Parties from any costs, damages, and expenses finally awarded against Branch Indemnified Parties as a result of, or for any amounts paid by Branch Indemnified Parties under a settlement approved by you in writing of, a Claim Against Branch, provided Branch (x) promptly gives you written notice of the Claim Against Branch, (y) gives you sole control of the defense and settlement of the Claim Against Branch (except that you may not settle any Claim Against Branch unless it unconditionally releases Branch of all liability), and (z) gives you all reasonably requested assistance, at your expense. The above defense and indemnification obligations do not apply if a Claim Against Branch arises from Branch’s breach of the Agreement, or applicable Order Forms.

Agency Indemnity. If you are an agency or a party representing, or providing services for the benefit of an Agency Client, in addition to the obligations set forth in the section “AGENCIES & PARTNERS” of these Terms, you further agrees to indemnify, hold harmless and defend Branch Indemnified Parties from and against any claim, demand, suit, or action and any related liability against a Branch Indemnified Party brought by a third party, arising out of or relating to: (a) any representations and warranties made by you concerning any aspect of the Services to an Agency Client; (b) any claims made by or on behalf of any Agency Client arising out or relating to your use of the Services; and (c) any claims arising out of or relating to acts or omissions of an Agency Client in connection with the Services.

MISCELLANEOUS

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Governing Law. The Agreement and all matters arising out of or relating to the Agreement shall be governed by and construed under the laws of the State of California, without regard to its conflict of law provisions. The parties expressly disclaim and exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

Venue. Any legal action or proceeding arising out of or relating to the Agreement 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.

No Waiver; Severability. Our failure to enforce any right or provision in the Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable.

Assignment. The Agreement is 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 the Agreement freely and without consent.

Entire Agreement. Both you and Branch agree that the Agreement is the complete and exclusive statement of the mutual understanding of the Parties and supersedes all previous written and oral agreements, communications and other understandings relating to your use of the Services, and that all waivers and modifications must be in a signed writing by both Parties, except as otherwise provided herein. Preprinted terms in your purchase orders or other customer-generated ordering documents, or terms referenced or linked within them, will have no effect on the Agreement and are hereby rejected, regardless of whether they are signed, clicked through, or otherwise agreed to by Branch and/or purport to take precedence over the Agreement. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the applicable Order Form, (2) any exhibit, schedule or addendum to the Agreement, (3) the body of these Terms, and (4) the Documentation.

Relationship between the Parties. The Parties are independent contractors. No agency, partnership, joint venture, fiduciary or employment relationship is created as a result of the Agreement, and you do not have any authority of any kind to bind Branch in any respect whatsoever.

Export / Trade Compliance. The Services 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 who is listed on the Consolidated Screening List or located in a U.S. government-embargoed country (currently Cuba, Iran, North Korea, Sudan, Syria and 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.

Third Party Beneficiary. No provision of the Agreement 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.

Notices. Except as otherwise specified in the Agreement, all notices of termination or an indemnifiable claim related to the Agreement (“Legal Notices”) will be in writing and will be effective (a) upon receipt if personally delivered to one of the addresses listed below, (b) upon receipt if sent by certified or registered mail (return receipt requested), postage prepaid, to one of the addresses listed below, or (c) upon receipt if transmitted by e-mail as set forth below. If to Branch, all notices shall be provided to the mailing and e-mail address set forth below (“Branch Notices”). Billing-related notices to Customer will be addressed to the relevant billing contact designated by Customer on the applicable Order Form. All Legal Notices and other notices to Customer will be addressed to the relevant Services account administrator designated by Customer.

Branch Notices: Legal notices should be sent to:

Branch Metrics, Inc.
1400B Seaport Boulevard
Redwood City, CA 94063
With a copy provided to: legal@branch.io

CONTACTING US

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If you have any questions or concerns about our Services or these Terms, you may contact us at:

Branch Metrics, Inc.
1400 Seaport Blvd
Building B, 2nd Floor
Redwood City, CA 94063

or by email at info@branch.io

Privacy Policy
Last updated December 30th, 2019

The Branch Guiding Privacy Principles

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We are a linking and analytics platform for app and website developers. And we are proud of our commitment to providing our services in a privacy-first way. So we thought it would be helpful to lay out, in plain English, the Branch Guiding Privacy Principles that drive how we’ve chosen to design our services with privacy as a top priority. You’ll find our official Privacy Policy below this section, but we hope you’ll find this summary of our principles helpful.

  • We limit the data we collect. We practice data minimization, which means that we avoid collecting or storing information that we don’t need to provide our services. The personal data that we collect is limited to data like advertising identifiers, IP address, and information derived from resettable cookies (the full list is below in our privacy policy). We do not collect or store information such as names, email addresses, physical addresses, or SSNs. Nor do we want to. In fact, our Terms & Conditions prohibit our customers from sharing with Branch any kind of sensitive end-user information. We will collect phone numbers if a customer uses our Text-Me-the-App feature—but in that case, we will collect and process end user phone numbers solely to enable the text message, and will delete it within 7 days afterwards.
  • We will only provide you with data about actual end-user activity on your apps or websites. Our customers can only access “earned” cookies or identifiers. This means that an end user must visit a customer’s site before our customer can see the cookie; and an end user must download a customer’s app in order for Branch to collect the end user’s advertising identifier for that customer. In short, the Branch services benefit customers who already have seen an end user across their platforms and want to understand the relationship between those web visits and app sessions.
  • We do not rent or sell personal data. No Branch customer can access another Branch customer’s end-user data. And we are not in the business of renting or selling any customer’s end-user data to anyone else. To enable customers to control their end-user personal data, they can request deletion here of that data at any time, whether in bulk or for a specific end user. These controls are available to customers worldwide, although we designed them to comply with GDPR requirements as well.

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.

Introduction

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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.

This Privacy Policy is divided into three parts, and is intended to meet requirements globally, including those in North America, Europe, APAC, and other jurisdictions:

  • Collection and Use of Information from Our Services: This section explains how information is collected about our Clients’ Users, and used, by Branch in connection with the provision of our products and services (the "Branch Services" or the "Services").
  • Collection and Use of Information from Our Website: This section explains how information is collected and used by us from our website visitors through our website located at branch.io (the "Website"), which includes the dashboard provided to our Clients located at dashboard.branch.io. So, if you are a Client using our Branch dashboard, this section applies to the data we collect from you.
  • Policies Applicable to Both Our Services & Our Website: This section lays out the parts of the Branch Privacy Policy that apply to both the Services and to the Website.

Collection and Use of Information from Our Services

What Information Does Branch Collect from Our Services?

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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.

The Branch Services: Overview

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.

Branch has no direct relationship with Users. Branch’s Services are provided when Branch Clients install on their platforms “Branch Mechanisms” (including links, pixels, direct platform integrations, etc.) that capture the User action on behalf of the Client. By associating the information collected from these Mechanisms, Branch creates and stores identifiers unique to the Branch platform, and then uses a variety of techniques to connect these User actions and identifiers together. Some of these common connection techniques include a direct pass-through of identifiers from platform to platform, probabilistic matching using real time and historical parameters observed from each interaction, as well as using historical connections aggregated across the Branch platform. In some cases, these connections are made without the use of cookies. These techniques help Clients match Users with devices they use, including matching the same User across multiple devices.

The key use cases of Branch’s connection service are:

  • To support Clients in implementing deep linking, which uses Branch’s connection information in real time to improve the User experience.
    • For example, if a User clicks on a link in an email or ad to a specific page in a Client’s app, Branch helps the User get to that page after they download the app.
  • To report individualized and aggregated analytics metrics about the performance of the Client’s product and marketing initiatives to the Client directly.
    • For example, Branch can tell a Client how many Users that downloaded an app or that went to a specific page in an app came from clicking on a specific link, and provide corresponding advertising identifiers.
  • To assist the Client by presenting real time, targeted messaging to their Users depending on past behavior observed across the tracked platforms with the purpose of driving more engagement to the Client.
    • For example, Branch can use Branch Mechanisms to provide a tailored message like a coupon code or special offer in your website to users who have interacted with your app and/or website in the past.

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.

Information Collected By Branch Links and Pixels

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 (Optional) used only to facilitate the “Text me the app” feature if used
Engagement Data

Information relating to the Client’s ad campaigns and User interactions, such as clicks on Client ads, Client ad impressions viewed, audiences or segments to which an ad campaign is attributed, type of ads and the webpage from which such ads were displayed, and webpages on Client’s website visited by a User.

Other interactions, events and actions Clients choose to measure and analyze within their mobile website (e.g. add to cart, in-app purchases made, clicks, engagement time etc.).


Information Collected by Branch SDKs

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
Carrier ID Metadata feature used for identification and matching
Engagement Data

Information relating to the Client’s ad campaigns and User interactions, such as clicks on Client ads, Client ad impressions viewed, audiences or segments to which an ad campaign is attributed, type of ads and the mobile application page from which such ads were displayed, pages on Client’s application visited by a User, and downloads and installations of mobile applications.

Other interactions, events and actions Clients choose to measure and analyze within their application (e.g. add to cart, in-app purchases made, clicks, engagement time etc.).


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

If Clients use Branch’s China Features, please click here for additional information.

Information Collected By Third Parties

As part of Branch’s Services, Branch’s Clients may direct certain of their vendors or business partners (such as an ad network or vendor) to provide certain Engagement Data to Branch on the Client’s behalf.

How Does Branch Use Information Collected by Our Services?

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Data Branch collects through the Services is processed:

  • to better understand how and from where Users come to download certain apps, what types of apps are popular, or to infer that certain browsers and devices are operated by the same User based upon information collected across multiple non-affiliated apps and websites.
  • to provide, maintain, optimize, research and improve the Branch Services.
  • to fulfill Clients’ and prospective Clients’ requests for the Services including processing data at the Client’s direction and transferring User data to them. Branch does not control how Clients use information Branch shares with Clients and Users should read Clients’ Privacy Policies to understand how they use information they receive from Branch.
  • to combine data from various sources, including data from various Customers or third parties.
  • to use for Branch’s own internal and Customer business purposes, including to support other Branch products and services, develop new products and services, and market products or services; to support the products and services of our Customers; and as permitted or required by applicable law.
  • to create reports based on aggregated information, which is information that cannot be linked back to any individual person or Client, and share these reports with the public.
  • for anti-fraud protection and analysis relating to the Services to ensure more accurate attribution measurement, or where otherwise required by law.

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 of Information

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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.

We require that our Clients utilize our Services responsibly and in accordance with our Terms & Conditions. Branch is not responsible for the data practices of any of our Clients through the Services or otherwise. Each Client’s practices are subject to each Client’s individual privacy policy. Users should review the privacy policy of each Client to understand how that Client uses User information collected through the Services.

User Choices

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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 Code 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 Ads Personalization” (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‘s SDK Privacy Controls allow Clients to respect granular controls regarding User data privacy rights. Clients can flag in the Branch SDK that a particular User’s data should not be processed by Branch, in which case Branch will no longer process engagement data on behalf of the Client for that User.

Collection and Use of Information from Our Website

What Information Does Branch Collect from Our Website?

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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.

What We Collect from Clients that Use the Website

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 business intelligence
First, Last Name Used for team user identification
Email 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.

If you consent to the use of cookies and web beacons when you visit the Website, we will collect information through those tools. Cookies are small data files stored on your hard drive by a website and web beacons are electronic images that may be used on our Website or in our emails. Cookies help us improve your experience on the Website as well as our marketing activities. We use cookies to see which areas and features are popular and to count visits to our Website. For more information about cookies and web beacons, please visit http://www.allaboutcookies.org/. For more information about how to opt-out of cookies and web beacons after you have consented to their use, see the “Opt-out from Website Cookies/Web Beacons” section below.

How Does Branch Use the Information Collected through its Website?

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Data Branch collects through the Website is processed:

  • to provide, maintain, optimize, research and improve the Website;
  • to fulfill your and prospective Clients’ requests for the Services;
  • to send information about the Services including confirmations, invoices, payment processing, technical notices, updates, security alerts, and support and administrative messages;
  • to communicate about products and services offered by Branch and Branch's selected partners. We receive opt-in consent to send promotional and marketing messages to users where required by applicable law. You can opt-out of receiving these messages at any time as described below in the section titled: “Opt-out from Promotional Emails”;
  • to conduct research;
  • to manage your information and account, to improve and administer our Website, to contact Website Users to answer questions or resolve problems, or to verify your identity;
  • to conduct research to help us to optimally deliver our existing Services or develop new products, processes and services;
  • for ad delivery and reporting purposes and to create data and analytics products and services;
  • to make the Website easier to use by reducing the need for Clients and Users to enter information;
  • for other purposes disclosed to you at the time you provide data to us;
  • with your consent; or
  • where Branch otherwise has a legitimate interest in collecting the data, such as direct marketing, individual or market research, product improvement, anti-fraud protection, or where required by law.

Opt-Out & Do Not Track - Your Choice Mechanisms

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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.

Opt-out from Promotional Emails

You can opt-out of receiving promotional emails from us by following the instructions in those emails, or by filling out this form. You can also opt-out of certain categories of emails using this form. If you opt-out using any of these tools, we may still send you non-promotional emails, such as certain updates about your account or updates to our Terms & Conditions and this Privacy Policy and/or use of the Services.

Opt-out from Website Cookies/Web Beacons

We will only use cookies with your permission. If you permit us to use cookies/web beacons as discussed above (“What Information Does Branch Collect from our Website”), but would like to opt-out:

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.

Third-Party Tools/Analytics on the Website

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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.

Google. We may use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on our Website, and to develop website content. This analytics data is not tied to any Personal Data. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt-out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. Branch has implemented Google’s reCAPTCHA technology on our Website to protect it from abusive automated crawling and spam. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Use of the reCAPTCHA technology is subject to the Google Privacy Policy and Terms of Service.

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.

Facebook. We may use certain tools offered by Facebook, Inc. (“Facebook”) that enable it to collect or receive information about actions Website Users take on our Website through use of cookies, web beacons and other storage technologies or in order to provide measurement services, targeted ads and other services. For more information regarding the collection and use of such information by Facebook, please see the Facebook Data Policy, available at: https://www.facebook.com/policy.php.

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.

California Consumer Privacy Act

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The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to residents of California. This section of our Privacy Policy applies if you are a natural person who is a resident of California (“California Consumer”) and uses our Website. Certain terms used below have the meanings given to them in the CCPA.

The following sets forth the categories of information we collect and purposes for which we may use California Consumers’ personal information:

Categories of Personal Information We Collect About You from Our Website


Categories of information collected Purposes of use (see chart below for additional information). Sources of personal information
Identifiers, e.g., name, email address, Github ID
  • Communicate with you
  • Transact with you if you use our products or services
  • Provide the Services
  • Tell you about products and services offered by Branch and Branch’s selected partners
  • Personalize your experience
  • Improve our offerings
  • Secure our Services and fraud prevention
  • Defending our legal rights and compliance with the law
  • From you, either directly or through the use of the Website, or third parties
    Device Information and Device Identifiers, e.g., IP address, browser type and device locale, operating system, mobile platform, device model
  • Provide the Services
  • Tell you about products and services offered by Branch and Branch’s selected partners
  • Personalize your experience
  • Secure our Services and prevent fraud
  • Defend our legal rights and comply with the law
  • From you, either directly or through the use of the Website, or third parties
    Financial Information, e.g., credit or debit card number, verification number, and expiration date.
  • Provide the Services
  • Transact with you if you use our products or services
  • Secure our Services and prevent fraud
  • Defend our legal rights and comply with the law
  • From you, either directly or through the use of the Website
    Commercial Information, e.g., delivery information and information about your transactions and purchases with us
  • Provide the Services
  • Transact with you if you use our products or services
  • Secure our Services and prevent fraud
  • Defend our legal rights and comply with the law
  • From you, either directly or through the use of the Website, and generate it internally during transactions with our customers
    Connection and Usage Data, e.g., web browsing activity on the Website
  • Provide the Services
  • Tell you about products and services offered by Branch and Branch’s selected partners
  • Personalize your experience
  • Secure our Services and prevent fraud
  • Defend our legal rights and comply with the law
  • From you, either directly or through the use of the Website, or third parties
    Geolocation, e.g., information inferred from IP addresses
  • Provide the Services
  • Tell you about products and services offered by Branch and Branch’s selected partners
  • Personalize your experience
  • Secure our Services and prevent fraud
  • Defend our legal rights and comply with the law
  • From you, either directly or through the use of the Website, or third parties
    Other Information, e.g., any other information you provide to us through the Website
  • Communicate with you
  • Provide the Services
  • Secure our Services and prevent fraud
  • Defend our legal rights and comply with the law
  • From you, either directly or through the use of the Website

    The following chart provides additional information about the business or commercial purposes for collecting and using your information. Additional information concerning the business and commercial purposes is set forth in the “How Does Branch Use the Information Collected through its Website?” section of our Privacy Policy. We may disclose the categories of personal information identified in this California Privacy Notice about our California Consumers for our operational purposes where the use of such personal information is reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or processed or for another operational purpose that is compatible with the context in which the personal information was collected.

    Purposes of Use
    Communicate with you, for example:
  • Respond to your requests for information and provide you with customer service and technical support
  • Sending communications or content that you have requested
  • Provide you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account)
  • In accordance with applicable legal requirements, contact you by email, postal mail, phone, or SMS regarding Business and third-party products, services, surveys, promotions, special events and other subjects that we think may be of interest to you
  • Provide the Services, for example:
  • Processing and fulfilling your transactions or requests
  • Engage in analysis, research, and reports to better understand how you use the Services, so we can improve them
  • Administering entries into promotions or surveys
  • Understanding and resolving technical issues with our Services
  • Personalize your experience, for example:
  • Customizing the advertising and content on the Services based on your activities and interests
  • Creating and updating audience segments that can be used for targeted advertising and marketing on the Services, third party services and platforms, and mobile apps
  • Creating profiles about you, including adding and combining information we obtain from third parties, which may be used for analytics, marketing, and advertising
  • Secure our Services and Prevent Fraud, for example:
  • Monitoring, preventing, and detecting fraud, such as through verifying your identity
  • Combatting spam or other malware or security risks
  • Monitoring, enforcing, and improving the security of our Services
  • Defend our legal rights and comply with the law
  • Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
  • Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms and Conditions, Privacy Policy, or to protect our Services, Users, or others)

  • How We Share and Disclose Your Information


    We share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of information that we may share with third parties and the categories of those parties.

    Third Parties with which we share information and why Categories of information shared
    Our Affiliates. We may share information we collect within our family of companies to deliver products and services to you, and enhance our products, services, and your customer experience. All categories of information we collect may be shared with our affiliates
    Service Providers that perform services on our behalf: including billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, data storage, security, fraud prevention, and legal services. All categories of information we collect may be shared with our service providers
    Other Individuals, Services, and Vendors at Your Request. We will share your information with other businesses and services at your request. For example, if you direct us to communicate information to one of your vendors.
  • Contact and account registration
  • Demographic and statistical information
  • Communications with event vendors
  • Geolocation
  • Other Information
  • Third Party Partners for Marketing Purposes. We may share your information with partners whose offerings we think may interest you. For example, if you participate in co-sponsored promotions, then we may share information with our affiliates and other third parties for their marketing and other purposes.
  • Contact and account registration
  • Demographic and statistical information
  • Third Party Partners to Provide Co-Branded Products and Services. In some cases, we may share information with third-party partners to provide co-branded products or services (e.g., co-sponsored promotions).
  • Contact and account registration
  • Demographic and statistical information
  • Geolocation
  • Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our Terms and Conditions, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect our rights, property or personal safety, or that of our agents and affiliates, our users and/or the public. This includes exchanging information with other companies and organizations for information security, fraud protection, spam/malware prevention, and similar purposes. All categories of information we collect may be shared as necessary
    Third Parties in a Business Transaction. We may disclose information in connection with an actual or contemplated corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. All categories of information we collect may be shared as necessary
    Third-Party Online Advertisers and Ad Networks. As discussed in the “Third Party Tools / Analytics on the Website” Section of our Privacy Policy, the Services may rely on third-party advertising technologies that allow for the delivery of relevant content and advertising on the Services, as well as on other websites you visit and other applications you use, and these technologies will collect certain information from your use of the Services to assist in delivering such ads.
  • Identifiers
  • Device information and device identifiers
  • Connection and usage data
  • Geolocation

  • The CCPA sets forth certain obligations for businesses that “sell” personal information. Based on the definition of “sell” under the CCPA and under current regulatory guidance, we do not believe we engage in such activity and have not engaged in such activity in the past twelve months. Instead, we limit our sharing of information as set forth in the “How does Branch Share Information?” section of this Privacy Policy, and to allow third parties to collect certain information about your activity for limited purposes, for example through cookies, as explained in the “Third-Party Tools / Analytics on the Website” section of our Privacy Policy.

    California Rights and Choices


    Without being discriminated against for exercising these rights, California residents have the right to request that we disclose what personal information we collect about you and to delete that information, subject to certain restrictions. You also have the right to designate an agent to exercise these rights on your behalf. This section describes how to exercise those rights and our process for handling those requests. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

    Right to request access to your personal information
    California residents have the right to request that we disclose what categories of your personal information that we collect, use, or sell. You may also request the specific pieces of personal information that we have collected from you. However, we may withhold some personal information where the risk to you or our business is too great to disclose the information.

    Right to request deletion of your personal information
    You may also request that we delete any personal information that we collected from you. However, we may retain personal information necessary to (a) protect our business, systems, and users from fraudulent activity, (b) to address technical issues that impair existing functionality, (c) necessary for us, or others, to exercise their free speech or other rights, (d) comply with law enforcement requests pursuant to lawful process, (e) for our own internal purposes reasonably related to your relationship with us, or to comply with legal obligations. Additionally, we need certain types of information so that we can provide our Services to you. If you ask us to delete it, you may no longer be able to access or use our Services.

    How to exercise your access and deletion rights
    Subject to restrictions under applicable law, California residents may exercise their California privacy rights by submitting your request to us, or by contacting us at privacy@branch.io.

    For security purposes, when you request to exercise your California privacy rights we will verify your identity. Once we have verified your identity (and your agent, as applicable), we will respond to your request as appropriate:

    • Transparency. Where you have requested the categories of personal information that we have collected about you, we will direct you to the sections of our Privacy Policy relevant to your request.
    • Access. Where you have requested specific pieces of personal information, we will provide the information you have requested, except where not permitted under applicable law or otherwise exempted by the CCPA.
    • Deletion. Where you have requested that we delete personal information that we have collected from you, we will delete any information about you that is not necessary for the purposes indicated above. Upon completion, we will send you a notice confirming that we deleted the information we collected from you. Certain information may be exempt from such requests under applicable law.
    If we are unable to complete your requests fully for any of the reasons above, we will provide you additional information about the reasons that we could not comply with your request.

    Right to nondiscrimination
    We will not deny, charge different prices for, or provide a different level of quality of goods or services if you choose to exercise these rights.

    Authorized Agents
    You may also designate an agent to make requests to exercise your rights under CCPA as described above. We will take steps both to verify the identity of the person seeking to exercise their rights as listed above, and to verify that your agent has been authorized to make a request on your behalf (e.g. through providing us with a signed written authorization or a copy of a power of attorney).

    Submitting CCPA Requests

    For our Website: If you are a California Consumer, please submit a CCPA request here, or contact us at privacy@branch.io. To protect your privacy and maintain security, we take steps to verify your identity before granting you access to your personal information or complying with your request. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

    Requests from Our Client’s Users: Because Branch is a service provider that processes data on behalf of its Clients, any requests from Users who are California residents seeking to exercise their rights of access and deletion under the CCPA must be provided to Branch by a Client. Clients can notify Branch of these requests here.

    Policies Applicable to Both Our Services & Our Website

    How does Branch Share Information?

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    In addition to the ways described in our Terms & Conditions and this Privacy Policy, Branch may also share information with others under the following circumstances:

    • With third-party vendors, consultants and other service providers who work for us and need access to information we collect to do that work.
    • With our Clients and their agents, as described in this Policy.
    • To third parties (such as advertising networks or vendors used by our Clients), as directed by our Clients.
    • To comply with laws or to respond to lawful requests and legal process including to meet national security or law enforcement requirements, and in order to investigate, prevent, or take action regarding suspected, or actual, prohibited activities, including but not limited to fraud and situations involving potential threats to the physical safety of any person.
    • To protect the rights and property of Branch, our agents, Clients, Users, Website Users, and others including to enforce our agreements, policies, and Terms & Conditions.
    • To Branch’s subsidiaries and affiliates as necessary to help us provide, support, and maintain the Services.
    • In connection with or during negotiation of any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

    Updating Your Information and Contact Preferences; California Shine the Light Law

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    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 support@branch.io.  

    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 privacy@branch.io.  

    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.  If you are a California resident and would like such a list, please email privacy@branch.io.  

    We Secure the Information We Collect

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    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 privacy@branch.io.

    Our Data Retention Policy

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    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 unless otherwise required by applicable law or otherwise agreed between Branch and the Client.

    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, unless otherwise required by applicable law or otherwise agreed between Branch and the Client.

    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.

    Branch may retain information collected by our Services beyond these periods for fraud prevention, analysis, or response, or to protect the safety of Branch, its Clients, Users or the public.

    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.

    Links to Other Websites

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    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.

    International Data Transfers

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    All information collected via the Website and Services is stored on servers located in the United States. In the process of providing the Services, we may transfer information across borders from other countries or jurisdictions into the United States. By using the Services, each Client and Website User consents to the transfer and processing of information to the U.S. in accordance with this Privacy Policy. Data transfers from the European Union, United Kingdom, and Switzerland are subject to our compliance with the Privacy Shield mechanism discussed in the “Privacy Shield For EU, UK, and Swiss Personal Data Transferred into the United States” section below.

    Privacy Shield For EU, UK, and Swiss Personal Data Transferred into the United States

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    Branch complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries, the United Kingdom, and Switzerland transferred to the United States pursuant to Privacy Shield.  Branch has certified to the US Department of Commerce that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov.

    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 privacy@branch.io.

    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 info@branch.io

    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.

    Rights of Access, Rectification, Erasure and Restriction For EU Individuals Pursuant to GDPR

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    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 at https://privacy.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.

    Our Policy Regarding Children

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    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 Privacy Controls 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 privacy@branch.io.

    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 privacy@branch.io, 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 privacy@branch.io, so that Branch can promptly investigate and delete any inappropriately obtained information.

    Contact Us, Questions, Changes to This Privacy Policy

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    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 info@branch.io

    Compliance

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    This Privacy Policy shall be implemented by Branch and all its operating divisions, subsidiaries and affiliates. Branch has put in place mechanisms to verify ongoing compliance with Privacy Shield Principles and this Privacy Policy.

    Privacy Policy (continued)
    Last updated November 11th, 2019

    Branch’s China Features

    In addition to the information identified in Branch’s main Privacy Policy, the Branch China Features collect the following identifiers when Clients use these SDKs in their eligible mobile applications in China, some of which may be considered Personal Data under applicable law:

    Type of Information Collected Purpose
    International Mobile Equipment Identity numbers (“IMEI”) Metadata feature used for identification and matching

    Click here to be directed back to Branch’s main Privacy Policy.

    Deep Linking And Attribution Analytics Services

    Acceptable Use Policy


    Last updated March 26th, 2020

    This Acceptable Use Policy (“AUP”) sets forth certain restrictions on Your access and use of Branch Metrics, Inc.’s and its affiliates’ (collectively, “Branch” or “Us”) deep linking and attribution analytics services (collectively, the “Services”). This AUP is incorporated by reference into Branch’s Terms and Conditions, or instead, where there is a service agreement in place between You (“You”, “Your”, or “Customer”) and Branch Metrics, Inc. (“Agreement”). The restrictions set forth in this AUP are not exhaustive.

    Definitions. The capitalized terms that are not defined in this AUP will have the meanings assigned to them in the Agreement.

    Prohibited Actions. You will not use Branch’s Services to do any of the following:

    1. 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;
    2. harm Us or third parties in any way;
    3. impersonate any person or entity, or otherwise misrepresent Customer’s affiliation with a person or entity;
    4. upload, post, email, or otherwise transmit any information that Customer does 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);
    5. upload, post, email or otherwise transmit any information that infringes any patent, trademark, trade secret, copyright, or other right of any party;
    6. 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;
    7. 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;
    8. upload, post, email, enable the Services to collect, or otherwise transmit any sensitive information such as end user account passwords, financial information (e.g. bank account numbers, credit/debit card information, or any information regulated under the Gramm–Leach–Bliley Act), personal health information (including information regulated under the Health Insurance Portability and Accountability Act), government identifiers (e.g. driver’s license, passport, national ID, social security, TIN or EIN numbers), or other information considered sensitive under applicable law such as biometric or genetic data, information about one’s religious beliefs, race, sex life or orientation;
    9. create lists or segments of children under the age of 13, (and in certain jurisdictions under the age of 16), advertise mobile applications 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 the age of 13 (and in certain jurisdictions under the age of 16), without employing appropriate SDK Privacy Controls settings documented at https://help.branch.io/developers-hub/docs/sdk-privacy-controls within the Services 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);
    10. 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;
    11. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
    12. reverse engineer or otherwise attempt to discover the underlying code of the Services;
    13. “stalk” or otherwise harass another; or
    14. permit any third party which pools or aggregates data across its customers to use the data provided to Customer through the Services for its own benefit or use.