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.
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. 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. 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 email@example.com.
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 firstname.lastname@example.org.
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.
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 email@example.com, (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 firstname.lastname@example.org) 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.
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 email@example.com. Such termination will be effective as of the last day of the calendar month during which such termination notice is received.
here: http://www.networkadvertising.org/choices/, the DAA opt-out page
here: http://www.aboutads.info/, and/or the EDAA opt-out page
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 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”), and the U.S. Video Privacy Protection Act. 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.
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.
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.
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 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.
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.
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. 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. 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.
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. 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.
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: firstname.lastname@example.org
Beyond these principles stated above, Branch will continue to find ways to design our services to respect end user privacy. We’re committed to making sure our customers understand how we use data they entrust to us and how they can control it so that they can, in turn, be transparent with their end users.
Branch Metrics, Inc. ("Branch", "us" or "we") offers a linking and analytics platform enabling developers of applications (our "Clients")--whether those applications are websites or "apps," and across different types of devices--to improve their end users’ ("Users") cross-application experiences, and to derive additional insights into how their Users download and utilize those applications. Branch recognizes and believes that data privacy is important to all Internet users, and therefore we design and operate our services in a privacy-first manner.
Below, we explain what information we collect on behalf of our Clients through the Services, and how we use it. We process information in a way that is relevant for the purpose for which it was collected as described below.
Branch provides a variety of Services intended to help Clients bridge together the identity of their Users across a wide array of platforms, devices and applications. Branch helps Clients by connecting User interactions across siloed applications (email, SMS, web browsers, social platforms, native applications and others), so that Clients understand the multiple steps that a User took to ultimately complete a transaction with the business. This information is used by the Client to better inform marketing and product decisions as well as to provide improved user experiences by using their knowledge of continuity.
The key use cases of Branch’s connection service are:
Branch requires that each Client commit to share with Branch only information that it has lawfully obtained (including, where necessary, by obtaining consent from Users), and that it has the right to share with Branch. We strongly discourage Clients from sharing sensitive User information with us, as such information is not necessary for the provision of the Services, and we prohibit them from providing us with data relating to children under 13 (or, in certain jurisdictions, under 16).
In the charts below, we summarize the information collected automatically by the Services.
Branch collects the following information from web URLs created by the Client and pixels placed on Client websites. Some of this information is considered personal data under applicable law (in other words, information that itself may identify a unique individual or can be linked back to an individual) (“Personal Data”).
|Type of Information Collected||Purpose|
|IP Address||Standard web HTTP request; used for matching and to understand general location|
|Cookie||Standard web cookies, used for matching|
|Link Data||Metadata controlled by the Client, which may be used to interpret the data for reporting, or for analytics|
|User Agent||Standard web browser user agent metadata; used for matching|
|Referrer||Standard web browser HTTP referrer; may be used for reporting and analytics|
|Request||Standard web HTTP request|
|Phone Number||(Optional) used only to facilitate the “Text me the app” feature if used|
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.).
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|
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.
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.
Data Branch collects through the Services is processed:
We may aggregate and/or de-identify the data we collect through the Services. After data has been aggregated and/or de-identified, Branch cannot use it to personally identify an individual. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including business partners, Customers, and/or others.
Our Clients use the information collected via the Services to improve their Users’ app experiences, customize their apps to Users, and to better understand their app marketing programs and how Users discover their apps. For example, a User may want to share information about a hotel that she found in a travel app with a friend. When that User sends her friend a Branch link to that hotel, after clicking the link the friend is brought directly to the content relating to that hotel within the app, rather than landing on the app’s homepage and having to search for the hotel. The travel app would also gain insights and analytics as to how the content is being shared from its app.
Branch recognizes a number of consumer choice mechanisms. Due to the nature of the Services, some functionality may be degraded or no longer work as a result if you exercise certain of the opt-outs below.
Branch’s Browser Cookie Opt-Out: Our cookie-based opt-out can be accessed by clicking here. This will place a Branch opt-out cookie on your browser. Where Branch detects the presence of that opt-out cookie, we will no longer set cookies (beyond the opt-out cookie itself). Cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device.
NAI Browser-Based Opt-Out: Branch is a member of the Network Advertising Initiative (“NAI”), and adheres to its 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.
Branch collects information from Website visitors (“you” or “Website Users”) located at www.branch.io (the “Website”), which includes the dashboard provided to our Clients located at dashboard.branch.io. The types of information we may collect and our privacy practices depend on the nature of the relationship you have with us and the requirements of applicable law. Below are the legal bases and some of the ways we collect information and how we use it. We process information in a way that is relevant for the purpose for which it was collected as described below.
Branch collects personal and non-personal data via the Website. Personal Data is information that itself may identify a unique individual or can be linked back to an individual. For example, when Clients register to use our Services, we ask them to provide us with Personal Data, including first and last name and email address.
Dashboard Information: Information we collect from visitors who register for an account on our dashboard includes the following, some of which is considered Personal Data under applicable law
|Type of Information Collected||Purpose|
|IP Address||Standard web HTTP request; may be used for limited security login controls|
|Cookie (ours)||Standard web cookie used for dashboard session management|
|Cookie (third-party)||Third-party web tracking tools used for business intelligence|
|First, Last Name||Used for team user identification|
|Used as the primary login identifier|
|User Agent||Standard web browser user agent metadata; may be used for limited security login controls|
|Referrer||Standard web browser HTTP referrer; may be used for general internal business analytics|
|Request||Standard web HTTP request; may be used for general internal business analytics|
|Github ID||(optional) Can be used as a login method|
We also require Clients to set up a user ID and unique password for account security purposes. Clients must not share their passwords with anyone. Clients also have the option of adding other team members to their account. This account information enables us to set up an account for Clients, to provide the Services, and to otherwise manage Client accounts. We may also use this information to notify Clients about updates to our Services and provide them with promotional emails. We offer a mechanism to opt-out from promotional emails as described in the “Opt-out from Promotional Emails” section below.
Account and Billing Information: To the extent that we charge a fee for the Services, we may also collect billing, payment, and contract information from Clients through our third-party payment and contract processors.
Third Party Connection Information: Some features of the dashboard Services allow you to share your information through your accounts with other companies such as Facebook and Google. If you choose to connect Branch to such third-party services, we may collect information related to your use of those third-party services, such as authentication tokens that allow us to connect to your third-party service accounts. We will ask you for permission before you authorize our collection of this information. We may also collect information about how you are using the Services to interact with those connected third-party services.
Communications with Branch: Some Users may provide Personal Data to Branch by sending us an email or filling out an online form on the Website. We use this information to answer their question(s), and may store that information for our record keeping, marketing, and advertising purposes.
Research/Survey Solicitations: From time to time, we may perform research (online and offline) via surveys. We may engage third-party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Website, various types of communications, advertising campaigns and/or promotional activities.
Cookies, Pixels and Web Beacons: We also collect other data via the Website from Website Users, including Website Users employed by or affiliated with Clients, through cookies and/or web beacons. Such information, some of which may be considered Personal Data under applicable law, may include IP address, pages viewed, browser type, Internet browsing and usage habits, Internet Service Provider, domain name, the time/date of your visit to the Website, the referring URL, and your computer’s operating system.
Data Branch collects through the Website is processed:
Where you have consented to Branch's processing of your Personal Data in connection with your use of the Website, you may withdraw that consent at any time by following the instructions below. Additionally, before we use Personal Data for any new purpose not originally authorized by you, we will provide information regarding the new purpose and give you the opportunity to opt out. Where your consent for the processing of Personal Data is otherwise required by law or contract, we will comply with the law or contract.
Also, you can choose to set your browser to remove cookies and to reject cookies. To exercise the Do Not Track settings, please visit the privacy settings of your browser. Where Branch is able to see that such a selection has been made, we will not use information collected from that device to target advertising on that browser. Dashboard users must use the “Cookie Consent” feature to revoke permission to place cookies.
Note that, even if you opt-out, we may still collect and use non-personal data regarding your activities on our Website. This also does not opt you out of being served advertising altogether; you will continue to receive generic advertisements.
The Website utilizes third-party tracking tools from third-party service providers, which may enable these third parties to analyze our Website traffic for analytics purposes. Some of these third-party service providers may collect information from this Website for retargeting and interest-based advertising purposes. For more information about these forms of ad targeting and to understand your right to opt-out from these practices, please visit http://www.aboutads.info/choices/. All of these tools are hosted by the third parties who provide them, and your interactions with these features are governed by the privacy policies of the third parties providing them. These tools include, but are not limited to, those below.
Mixpanel. We use a service provided by Mixpanel, Inc. (“Mixpanel”) to provide us with analytics data regarding Website Users’ interactions with our Website and Services. You may opt-out of Mixpanel’s automatic retention of data that is collected while using the Services by visiting https://mixpanel.com/optout/. To track opt-outs, Mixpanel uses a persistent opt-out cookie placed on your device. Please note that if you get a new computer, install a new browser, erase or otherwise alter the browser’s cookie file (including upgrading certain browsers), you may delete the Mixpanel opt-out cookie.
Intercom. We use Intercom (www.intercom.com) to facilitate communications with, maintain information about, and collect publicly available information about, our Website Users. For more information on Intercom’s services, please visit www.intercom.com.
The following sets forth the categories of information we collect and purposes for which we may use California Consumers’ personal information:
|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||
||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||
||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.||
||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||
||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||
||From you, either directly or through the use of the Website, or third parties|
|Geolocation, e.g., information inferred from IP addresses||
||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||
||From you, either directly or through the use of the Website|
|Purposes of Use|
Communicate with you, for example:
Provide the Services, for example:
Personalize your experience, for example:
Secure our Services and Prevent Fraud, for example:
Defend our legal rights and comply with the law
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.||
|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.||
|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).||
|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|
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 email@example.com.
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:
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.
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).
For our Website: If you are a California Consumer, please submit a CCPA request here, or contact us at firstname.lastname@example.org. 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.
We provide Clients with a mechanism to access, review and update information via the dashboard. If you wish to review or update your information, please visit branch.io and login using the username and password you created. Next, please select “Account Settings” which can be found in the lower left corner of the dashboard screen, then select the “User” tab near the top. If you would like to delete your account, please email email@example.com.
Under California law, California residents who have an established business relationship with us may choose to opt-out of the disclosure of Personal Data about them to third parties for such third parties’ direct marketing purposes. Our policy is not to disclose Personal Data collected through our Website to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, email firstname.lastname@example.org.
California residents who have provided us with Personal Data can also request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Data (if any) for such third parties’ direct marketing purposes in the prior calendar year, as well as the type of Personal Data disclosed to those parties. If you are a California resident and would like such a list, please email email@example.com.
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 firstname.lastname@example.org.
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.
The Website and/or Services may contain links to other websites and other websites may reference or link to our Website and/or Services. These other domains and websites are not controlled by Branch, and we do not endorse or make any representations about third-party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application that you interact with. We do not endorse, screen, or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
Branch is subject to the investigatory and enforcement authority of the US Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks we are obliged to inform EU, UK, and Swiss individuals whose data is being transferred into the United States that we may be required to release personal data in response to lawful requests by public authorities including to meet national security and law enforcement requirements.
Branch remains liable for the onward transfer of EU, UK, and Swiss personal data to agent third parties pursuant to the Privacy Shield unless we can prove we were not a party to the actions giving rise to the damages.
We acknowledge the right of EU, UK, and Swiss individuals to access their data pursuant to the Privacy Shield. EU, UK, and Swiss individuals wishing to exercise this right may do so by contacting email@example.com.
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 firstname.lastname@example.org
Branch has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Services: Because Branch is a service provider that processes data on behalf of its Clients, any requests relating to European Users’ exercise of their rights of access, rectification, erasure, or restriction under the European General Data Protection Regulation (“GDPR”) must be provided to Branch by a Client. Clients can notify Branch of these requests here.
Moreover, Branch supports functionality to allow Clients to respect granular controls regarding User data privacy rights. Clients can flag in the Branch SDK that a particular User has requested that their data not be processed by Branch, in which case Branch will no longer process engagement data on behalf of the Client for that User.
Website: Website Users who are residents of the European Economic Area may seek confirmation regarding whether Branch is processing Personal Data about you, request access to such data, and ask that we correct, amend, or delete it where it is inaccurate or has been processed in violation of the Privacy Shield Principles. You can submit such requests 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.
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 email@example.com.
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 firstname.lastname@example.org, 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 email@example.com, so that Branch can promptly investigate and delete any inappropriately obtained information.
We may change this Policy at any time in our sole discretion. We will post all changes to this Policy on this page and will indicate at the top of the page the modified Policy’s effective date. If you have any questions or suggestions regarding this Policy, please contact us at:
Branch Metrics, Inc.
1400 Seaport Blvd
Building B, 2nd Floor
Redwood City, CA 94063
or by email at firstname.lastname@example.org
|Type of Information Collected||Purpose|
|International Mobile Equipment Identity numbers (“IMEI”)||Metadata feature used for identification and matching|
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: