This policy is incorporated by reference into Marketo's End User Subscription Agreement and Master Subscription and Services Agreement (collectively or individually, the “Agreement”), and all users of the Subscription Services must comply with this policy at all times. Marketo reserves the right to update this policy as it deems necessary and will notify its customers of any such updates via this website.
Access and Use
Customer will access and use the Subscription Services in accordance with the terms of the Agreement. Customer will not knowingly or willfully use the Subscription Services in any manner that could damage or interfere with Marketo's provision of the Subscription Services. Customer (including its Users and anyone acting on behalf of Customer) will not perform security, vulnerability, load testing or penetration tests or intentionally exploit known vulnerabilities in any capacity against the Marketo platform infrastructure or applications. Customer will be responsible for maintaining the security of its access to and use of the Subscription Services and will promptly notify Marketo of any unauthorized access or use of which it becomes aware.
Marketo will not access Customer Data except in accordance with the Agreement, to the extent necessary to address technical issues, for Subscription Services support and training or to ensure compliance with the Agreement.
Electronic Communications and Anti-Spam Policy
Customer will comply with all laws and regulations applicable to bulk or commercial email, as well as other electronic communications, when using the Subscription Services, including without limitation all local or national laws applicable to the regions where Customer has business operations or where the recipients of their electronic communications are located.
Marketo has a zero tolerance policy regarding using the Subscription Services to send Unsolicited Commercial Email ("UCE") or Unsolicited Bulk Email (“UBE”) (collectively referred to as “spam” or “Unsolicited Email”). Unsolicited Email is defined as email sent to persons other than (i) persons with whom Customer has an existing business relationship, OR (ii) persons who have consented to the receipt of such email, including publishing or providing their email address in a manner from which consent to receive email of the type transmitted may be reasonably implied. Commercial advertising and/or emails and other electronic communications may only be sent to recipients who have opted-in to receive messages from the sender.
It is Marketo's policy to catalog, investigate and take appropriate action on all reports of abuse. Any Customer account found to be in violation of this policy is subject to immediate suspension, and may not be allowed to send any additional emails or other electronic communications using the Subscription Services.
Recipients of emails or other electronic communications sent using the Subscription Services are encouraged to report suspected violation of this policy by forwarding a copy of the received email or other electronic communication to email@example.com.
All bulk or commercial email sent using the Subscription Services must include provision for recipients to revoke consent, i.e., to "opt-out" of receiving future email contacts from the sender. Customer will either use the Unsubscribe tools supplied by default with the Subscription Services, or, if Customer chooses to override the Marketo default tools, Customer will have procedures in place to allow an email recipient to easily opt-out, such as an unsubscribe link in the body of the email, or instructions to reply with the word "Remove" in the subject line. Customer will honor any and all such revocations of consent within the time period required by applicable law.
Privacy and Data Protection
Customer will be knowledgeable about and at all times compliant with all privacy and data protection laws applicable to its location and operations. Customer will not provide Marketo access to or upload or send through the Subscription Services any sensitive personal information, including without limitation, social security numbers, passport or visa numbers, driver's license numbers, taxpayer or employee ID, financial account or payment card information, passwords, medical or health records or information reflecting an individual’s medical treatment or the payment or provisioning of such treatment.
Date of Last Revision: April 14, 2016