Effective Date: January 19, 2015
1. What Types of Information Does Marketo Collect About its Users?
• Other Information. "Other Information" is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. This might include, for instance, browser and device information; App usage data; information collected through cookies, pixel tags, and other technologies; demographic information and other information provided by you; or aggregated information. We use this information to facilitate our operation of the Sites and for other purposes described below.
• IP Address: Your "IP Address" is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever you access the Sites, along with the time of the visit and the page(s) that you visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. Marketo uses IP Addresses to calculate usage levels of the Sites, help diagnose problems with its servers, administer the Sites, and monitoring the regions from which you navigate to Marketo’s Sites.
2. How Does Marketo Collect Information?
Personal Information. We and our service providers may collect Personal Information in a variety of ways, including:
Other Information. We and our service providers may collect Other Information in a variety of ways, including:
• Through Your Browser or Device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Sites (such as the Apps) you are using.
• Through Your Use of the Apps: When you download and use an App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
• Through Cookies and Other Similar Technologies: Cookies and other similar technologies may be used to collect Other Information. We may use third parties to serve advertisements on other websites that may be of interest to you, based on information collected about your use of our Sites and other websites. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags and web beacons). Please review our Cookies Policy for more information. Marketo does not recognize automated browser signals regarding tracking mechanisms, which may include ‘do not track’ instructions.
Marketo also uses web analytics services, which currently include Google Analytics and Crazy Egg Analysis Service.
• By Aggregating Information: Aggregated Personal Information does not personally identify you or any other user of the Sites (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).
3. How Does Marketo Use Personal Information?
We may use Personal Information:
4. How Will Marketo Share Personal Information It Receives?
Marketo partners with a variety of businesses and works closely with them to market or sell products or services. In certain situations, these businesses operate within the Sites. We may disclose Personal Information to our partners for the purposes described above. Some of our third-party business partners may co-sponsor events and other offerings with Marketo. We may share Personal Information with these co-sponsors when you sign up for events or offerings to allow our partners to send you marketing communications and information that may be of interest to you, as permitted under applicable law.
We contract with other companies and people to perform tasks on our behalf and may share your Personal Information with them to provide products or services to you, or to otherwise communicate with you, such as to provide marketing or offers on our behalf. Examples may include removing repetitive information from customer lists, analyzing data, providing marketing assistance, conducting billing, processing credit card payments, engaging technical support for our services, providing customer service, and performing analysis related to our products or services. We may also provide your Personal Information to agents and service providers to verify or compile aggregate usage data that we provide to our partners. When we share this information in this way, we seek to require the agent or service provider to maintain the privacy, confidentiality and security of the Personal Information.
We may share Personal Information with business partners or other third party sponsors of sweepstakes, contests and similar promotions.
Marketo Blog and Social Media Pages:
Personal Information may also be disclosed by you through the Sites, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (including, without limitation, our Marketo Blog, at http://blog.marketo.com and the Social Media Pages). This information may appear in public ways, such as through search engines or other publicly available platforms, and may be "crawled" or searched by third parties. Please do not post any information that you do not want to reveal to the public at large.
In some cases, we may buy or sell assets or businesses. In these types of transactions, user information is typically one of the business assets that is transferred. Marketo may disclose Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
Marketo and Others:
We may release Personal Information when we believe that release is necessary or appropriate (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce or apply our conditions of use and other agreements; (e) to protect our operations or those of any of our Affiliates; (f) to allow us to pursue available remedies or limit the damages that we may sustain; and (g) to protect the rights, privacy, property, or safety of Marketo, our employees, our Affiliates, our users, or any other person or entity. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
5. How Does Marketo Use and Disclose Other Information?
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information.
In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we do, we will treat the combined information as Personal Information for as long as it is combined.
6. How Does Marketo Secure Personal Information About Me?
We have implemented organizational, technical, and administrative measures to protect Personal Information within our organization, including security controls to prevent unauthorized access to our systems. While we take reasonable steps to secure your Personal Information from loss, misuse, interference and unauthorized access, modification and disclosure, you should be aware no security procedures or protocols are ever guaranteed to be 100 percent secure from intrusion or hacking, and there is therefore always some risk assumed by sharing Personal Information online. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the "Questions, Concerns and Complaints" section below.
7. How Can I Correct or Remove Information About Me?
If you feel that any Personal Information about you that has been collected and stored by Marketo is incorrect, or if you would Personal Information about you removed from our systems, please notify us at firstname.lastname@example.org so that we may consider and response to your request in accordance with applicable law. You may also request access to your Personal Information held by Marketo, by sending a written request to email@example.com.
For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable, subject to applicable law.
8. For How Long Will Marketo Retain My Personal Information?
9. What Choices Do I Have?
You can always opt not to disclose information. However, if you elect to do so, we may be limited in responding to your inquiry or providing services to you.
You may opt-out of receiving marketing messages from Marketo or our Affiliates by sending an email to firstname.lastname@example.org, by unsubscribing through the unsubscribe or opt-out link in an email, or by unsubscribing via the Marketo Subscription Center at pages2.marketo.com/emailsubscription.html
10. Can Children Use Marketo's Sites?
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages.
The Sites are not intended for minors under the age of 18. Marketo does not knowingly or specifically collect information about minors under the age of 18 and believes that children of any age should get their parents’ or legal guardians’ consent before providing any Personal Information. If you believe that we have mistakenly or unintentionally collected such information, please notify us at email@example.com so that we may delete the information from our servers.
11. Third Party Sites
Similarly, please note that we are not responsible for the collection, use and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Apps or the Social Media Pages.
12. Sensitive Information
we ask that you not send us or disclose any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Sites or via other means.
14. Safe Harbor Certification
Marketo complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information from European Union member countries and Switzerland. Marketo has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Marketo’s certification, please visit http://www.export.gov/safeharbor/ or see our Safe Harbor Notice at http://www.marketo.com/trust/safe-harbor.
15. International Transfer of Data
Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Sites or disclosing information to us you consent to the transfer of information to countries outside of your country of residence, including the United States, Australia, Germany, Ireland, Israel, Japan, and the UK, which may have different data protection rules than those of your country or the country in which you were located when you initially provided the information.
16. Questions, Concerns or Complaints
Your privacy is important to us. If you have any questions, concerns, or complaints regarding the way we collect and handle your information, please contact us by email at firstname.lastname@example.org or by mail at 901 Mariners Island Blvd, Suite 200, San Mateo, CA 94404 ATTN: General Counsel. Because email communications are not always secure, please do not include credit card information or other sensitive information in your emails to us.
Marketo will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.