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 * Attribution
   Complete visibility into all of your marketing activities.
 * Deep Linking
   Powerful links that work across all platforms and channels.


   
 * Journeys
   Bring web visitors into your app with smart banners.
 * Universal Ads
   Attribute ad conversions across every device and platform.
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TERMS & POLICIES

 * Terms & Conditions
 * Privacy Policy
 * Acceptable Use Policy
 * Data Subject Rights
 * Document Archives

 * The Branch Guiding Privacy Principles
 * Introduction
 * Collection and Use of Information from Our Services
 * What Information Does Branch Collect from Our Services?
 * How Does Branch Use Information Collected by Our Services?
 * Our Clients’ Use of Information
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 * What Information Does Branch Collect about Website Visitors and Potential
   Customers?
 * How Does Branch Use the Information Collected?
 * Opt-Out & Do Not Track - Your Choice Mechanisms
 * Third-Party Tools/Analytics on the Website
 * Policies Applicable to Both Our Services & Our Website
 * How does Branch Share Information?
 * Updating Your Information and Contact Preferences; California Shine the Light
   Law
 * We Secure the Information We Collect
 * Our Data Retention Policy
 * Links to Other Websites
 * International Data Transfers
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 * Compliance

Terms & Conditions
Last updated June 10, 2021


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. 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 the
Branch Support team via the “Submit a Ticket” function at
http://help.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 the Branch Support team via the “Submit a Ticket”
function at http://help.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 by Credit Card. 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. Fees will be billed to
the credit card nominated by you and you authorize the card issuer to pay all
such amounts and authorize Branch (or its billing agent) to charge the credit
card account until you or Branch cancels or terminates the Services as set forth
herein; provided that if payment is not received from the credit card issuer,
the transaction is returned after the payment has been settled, otherwise known
as chargeback, or if there are insufficient funds in the case of check or debit
card payments, you agree to pay all amounts plus any applicable transaction fees
(e.g., NSF fees, chargeback fees) due upon demand.  

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, use the “Submit a Ticket” function at http://help.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 immediately 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 via the
“Submit a Ticket” function at http://help.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. If you use Branch’s Engagement
Builder feature, you agree to respect opt-out flags passed by Branch to you if
you use Engagement Builder data for targeted advertisements. 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 agree 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.  


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 unlawful 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 (c) based on your instructions to share Shared Data with a Partner or (d)
related to a regulatory investigation (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 agree 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, 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, 2020


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, the
Asia-Pacific, 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 and for Marketing
   Purposes: 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. It also explains how we
   collect information about potential Clients from service providers and other
   sources to enhance our marketing efforts.
 * 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 understand the
use of their digital properties by 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 User action on
behalf of the Client. Using the information collected from these Branch
Mechanisms, Branch uses a variety of attribution techniques to connect User
actions across different channels and platforms. Some of these attribution
techniques include a direct pass-through of identifiers from platform to
platform, creating and storing identifiers unique to the Branch platform to
connect User actions and identifiers together, and predictive modeling
algorithms using real time and historical data parameters observed from User
interactions where there are no universal identifiers available, as well as
using historical connections Branch has derived over time using our technology.
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 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 attribution and to understand general location Cookie Standard web cookies,
used for device identification and attribution 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 device
identification and attribution 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 website (e.g. add to cart, 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, Web SDKs, and Over-the-Top
(OTT) SDKs collect the following information when Clients use these SDKs in
their applications or websites, some of which may be considered Personal Data
under applicable law:  

Type of Information Collected Purpose Advertising identifier (e.g. GAID, Android
ID, IDFA, IDFV, RIDA) Used for device identification and attribution Branch
Cookie ID Used for device identification and attribution IP Address Standard web
HTTP request; used for device identification, attribution, and to understand
general location Referrer Standard web browser HTTP referrer; may be used for
reporting and analytics Central Processing Unit (CPU) Type Metadata feature used
for device identification and attribution Build Metadata feature used for device
identification and attribution Internet connection type Metadata feature used
for device identification and attribution Application version Metadata feature
used for device identification and attribution Device model Metadata feature
used for device identification and attribution Manufacturer Metadata feature
used for device identification and attribution Operating system Metadata feature
used for device identification and attribution Operating system version Metadata
feature used for device identification and attribution Screen size (height,
width) Metadata feature used for device identification and attribution Screen
resolution Metadata feature used for device identification and attribution
Mobile network status (WiFi, etc) Metadata feature used for device
identification and attribution Device locale (country and language) Metadata
feature used for device identification and attribution Local IP address Metadata
feature used for device identification and attribution Mobile platform Metadata
feature used for device identification and attribution Branch SDK version
Metadata feature used for device identification and attribution Developer ID
(optional) Client-supplied unique identifier; metadata feature Used for device
identification and attribution Carrier ID Metadata feature used for device
identification and attribution 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 application page from
which such ads were displayed, pages on Client’s application visited by a User,
and downloads and installations of applications.  

Other interactions, events and actions Clients choose to measure and analyze
within their application (e.g. add to cart, 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 device identification
and attribution Windows Advertising ID Used for device identification and
attribution CPU ID Used for device identification and attribution


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 connections Branch has derived
   across non-affiliated apps and websites.
 * to provide, maintain, optimize, research and improve the Branch Services we
   provide our Clients, 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 Clients; and as permitted or
   required by applicable law.
 * 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 aggregate data across various sources, including data from various Clients
   or third parties.
 * 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, Clients, 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.  

Device Identifiers: To exercise your device’s privacy settings controls, please
visit the privacy settings menu of your device to review and access the privacy
controls made available on the device. 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.  

Engagement Builder: Branch's Engagement Builder feature may be used to help
Clients conduct re-engagement and re-targeting campaigns. We require that
Clients using Branch’s Engagement Builder feature for such purposes respect User
opt-out preferences passed to them by Branch.  


COLLECTION AND USE OF INFORMATION FROM OUR WEBSITE AND FOR MARKETING PURPOSES


WHAT INFORMATION DOES BRANCH COLLECT ABOUT WEBSITE VISITORS AND POTENTIAL
CUSTOMERS?

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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 Work Email Used as the primary login identifier Password
Account registration, secure our Services and prevent fraud Account Holder
Primary Role Account registration, tell Clients about products and services
offered by Branch and Branch’s selected partners 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 Billing
information Payment account registration Log Data Provide the Services, tell
Clients about products and services offered by Branch and Branch’s selected
partners, personalize our experience, secure our Services and prevent fraud,
and, defend our legal rights and comply with the law Account holder feedback
Help us improve your experience on the account dashboard


When a Client creates an account and uses the Services, Branch may collect
certain log data, such as IP address from which a Client is connecting to the
Services, information related to the device being used to connect to the
Services (e.g. browser type and version, device type, OS version) and the
features and functions of the Services used by the Client (“Log Data”).  

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.  

Information from Other Sources: In addition to the information collected through
our Website, we or our third-party service providers may obtain additional
information, such as job title or contact information, from other sources such
as business websites or social networking platforms. We use this information to
contact businesses that might be interested in engaging our Services, and to
gain a better understanding of a potential Client’s business needs.  

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, how you browse and
navigate the Website, Internet Service Provider, domain name, the time/date of
your visit to the Website, the referring URL, and your computer’s operating
system. For example, we may collect on a real-time basis information on how you
use and navigate the Website. This may include mouse movements and how you
scroll through the Website, but we do not collect keystroke data.  

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?

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Data that Branch collects through the Website online and offline where Branch
operates as a controller under GDPR 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:

 * For dashboard users, visit https://dashboard.branch.io/account-settings/user,
   and toggle off “Cookie Consent”.
 * For all other users, click on “Cookie Consent” at the bottom right-hand
   corner of our homepage (https://branch.io/), and click on the opt-out link.

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.  

Drift.We use certain tools offered by Drift to power our Website’s live-chat
experience. If you provide informat ion about yourself through that live-chat
experience, then we may store that information for marketing purposes. Drift may
also infer information about the company that you work for you based on your IP
address.  




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 or for specific fields), 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 as described in the “Data Subject
Rights” section below or pursuant to your right of erasure as described in the
“Data Subject Rights” 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 transferred on the basis of legal mechanisms approved by the
European Commission and other relevant authorities for cross-border data
transfers, such as Standard Contractual Clauses or 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 recognizes that the Court of Justice
of the European Union ruled in July 2020 that a certification under the EU-U.S.
Privacy Shield Framework no longer can serve as the basis by which entities
subject to the GDPR export personal data to jurisdictions outside the European
Economic Area. Branch will continue to honor its obligation to comply with the
Privacy Shield Principles with respect to data that was transferred pursuant to
the EU Privacy Shield Framework. For such data or any transferred under the
Swiss-US Privacy Shield Framework. 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 privacy@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.  


DATA SUBJECT RIGHTS

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California Consumer Privacy Act  

The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
natural persons who are residents of California. Our CCPA privacy notice is
available here.  



European General Data Protection Regulation  

The European General Data Protection Regulation of 2018 (“GDPR”) provides
certain rights to residents of Europe. Our GDPR privacy notice is available
here.  



Lei Geral de Proteção de Dados  

Lei Geral de Proteção de Dados (“LGPD”) provides certain rights to residents of
Brazil. Our LGPD privacy notice is available here.  




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.  


CALIFORNIA CONSUMER PRIVACY ACT

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The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
residents of California. If you are a California resident interacting with us
through our provision of services to our Clients, your personal information is
controlled by the applicable Client(s), and you should contact them to exercise
your rights under the CCPA. This section applies to you if you are a resident of
California about whom we collect personal information independent of the
services we provide to Clients (“California Consumer”), such as if you provide
us personal information on our Website.This section does not apply to personal
information we collect from our employees and job applicants in their capacity
as employees and job applicants, or personal information we collect from
employees, owners, directors, officers, or contractors of businesses in the
course of our provision or receipt of business-related services. This notice
supplements the information in our Privacy Policy. Certain terms used below have
the meanings given to them in the CCPA.  

As described in our Privacy Policy, in the preceding twelve months, we may have
collected the following categories of personal information about you for
business or commercial purposes:  

 * Identifiers, e.g., name, email address, Github ID
 * Device Information and Device Identifiers, e.g., IP address, browser type and
   device locale, operating system, mobile platform, device model
 * Financial Information, e.g., credit or debit card number, verification
   number, and expiration date
 * Commercial Information, e.g., delivery information and information about your
   transactions and purchases with us
 * Connection and Usage Data, e.g., web browsing activity on the Website
 * Geolocation, e.g., information inferred from IP addresses Inferences, e.g.
   information on your employer inferred from an IP address
 * Other Information, e.g., any other information you provide to us through the
   Website



We collect the categories of personal information identified above from the
following sources: (1) directly from you; (2) through your use of the Website;
and (3) third parties such as from social networking providers if you connect
Branch to your use of those services.  

As described above in our Privacy Policy, we collect the categories of personal
information identified above for the following business and commercial purposes:
 

 * Communicate with you, such as (1) to respond to your requests for information
   and provide you with customer service and technical support; (2) to send
   communications or content that you have requested; (3) to provide you with
   transactional updates and information about the Services (e.g., inform you
   about updates to our Services, information about your account); and/or (4) in
   accordance with applicable legal requirements, contact you by email, postal
   mail, phone, advertising 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.
 * Transact with you if you use our products or services.
 * Provide the Services, such as (1) to process and fulfill your transactions or
   requests; (2) to engage in analysis, research, and reports to better
   understand how you use the Services, so we can improve them; (3) to
   administer entries into promotions or surveys; and/or (4) to understand and
   resolve technical issues with our Services.
 * Tell you about products and services offered by Branch and Branch’s selected
   partners.
 * Personalize your experience, such as (1) to customize the advertising and
   content on the Services based on your activities and interests; (2) to create
   and update audience segments that can be used for targeted advertising and
   marketing on the Services, third party services and platforms, and mobile
   apps; and/or (3) to create profiles about you, including adding and combining
   information we obtain from third parties, which may be used for analytics,
   marketing, and advertising.
 * Improve our offerings.
 * Secure our Services and fraud prevention, such as (1) to monitor, prevent,
   and detect fraud, such as through verifying your identity; (2) to combat spam
   or other malware or security risks; and/or (3) to monitor, enforce, and
   improve the security of our Services.
 * Defending our legal rights and complying with the law, such as (1) to comply
   with any applicable procedures, laws, and regulations where it is necessary
   for our legitimate interests or the legitimate interests of others; and/or
   (2) to establish, exercise, or defend 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).



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.  

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 other parties and the categories of those
parties.  

Other 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 Other 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 Other 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 as permitted under applicable
law. For example, to protect your security, we may withhold your account
password from the information provided in response to a request for the specific
pieces of personal information that we have collected about you.  

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.  




EUROPEAN GENERAL DATA PROTECTION REGULATION

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 and Business Contacts: Under applicable law, Branch is the data
controller of Personal Data we collect from the Website and from offline sources
and service providers for marketing purposes. Website Users and others 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.
 


LEI GERAL DE PROTEÇÃO DE DADOS

Data Subject Rights under Lei Geral de Proteção de Dados (“LGPD”)
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This supplemental privacy notice applies to personal data processing activities
in accordance with Brazilian data protection law. This notice supplements the
information in our Privacy Policy. Certain terms used below have the meanings
given to them in Lei Geral de Proteção de Dados (“LGPD”). If you have any
questions about this supplemental privacy notice, you can contact our Data
Protection Officer, Cathleen Hartge, at privacy@branch.io.  

Services: Because Branch is a service provider that processes data on behalf of
its Clients, any requests relating to Brazilian Users’ exercise of their rights
under LGPD 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.  

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: Under applicable law, Branch is the data controller of Personal Data we
collect from the Website. If you are a Website User who is a resident of Brazil,
you may have certain rights under LGPD. Brazilian law may permit you to request
that we: confirm whether we process your data; provide access to and/or a copy
of certain information we hold about you; correct incomplete, inaccurate and
outdated data; anonymize, block or delete data that is unnecessary, excessive or
not being processed in accordance with Brazilian data protection law; port your
personal data to another service or product vendor; delete personal data
processed with your consent, when applicable; provide you with information
regarding the public and private entities with which we share data; provide you
with information about the possibility of withdrawing consent and the
consequences of such withdrawal, where applicable; and / or withdraw your
consent.  

You can submit such requests at https://privacy.branch.io/hc/en-us/requests/new,
which will be processed in line with applicable law. 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.  


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.


TERMS & CONDITIONS

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JUNE 10, 2021

AUGUST 31, 2020

JUNE 26, 2020

DECEMBER 23, 2019

JUNE 5, 2019

MARCH 25, 2019

MARCH 21, 2019

MAY 14, 2018

MAY 16, 2017

MARCH 17, 2017

NOVEMBER 7, 2016

NOVEMBER 3, 2016

JUNE 23, 2016

FEBRUARY 2, 2015


PRIVACY POLICY

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DECEMBER 30, 2020

DECEMBER 30, 2019

NOVEMBER 11, 2019

JUNE 5, 2019

MARCH 25, 2019

DECEMBER 29, 2018

DECEMBER 26, 2018

JULY 27, 2018

JUNE 22, 2018

MAY 14, 2018

MAY 17, 2017

MAY 3, 2017

APRIL 12, 2017

MARCH 17, 2017

SEPTEMBER 15, 2016

APRIL 6, 2016

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