SMX BIGGEST SEARCH GEEK CONTEST

PRIVACY POLICY

This Privacy Policy is effective as of May 20, 2013.

This Privacy Policy describes the principles and practices that apply to the use of personal information (defined below) that Marin Software Incorporated (“Marin Software,” “we,” “us”) collects online and offline from individuals (”user” or “you”).

In summary:

  • We will collect your personal information to provide you with the content, products and services that you request;
  • We may use your personal information to understand how to better market our products and services to you;
  • We will not share your personal information with third parties other than our service providers, or in the course of our business with you, or in the event of a dispute, unless required by law;
  • We will take reasonable measures to protect the security of your personal information;
  • We want to sell our products and services to you, but we do not want to annoy you. We provide numerous ways for you to limit our use of your personal information;
  • You are entitled to a transparent relationship. You will have the right to access, and obtain correction or deletion of, personal information about you.

Table of Contents

Definitions and background

For ease of use of this document, certain terms have been associated with the specific meaning provided below.

“Business User” is an individual who uses the Marin Software Services on behalf of a Customer as an employee, agent, or owner of the Customer.

“Customer” means an entity, including its affiliates, that has purchased a subscription to the Marin Software Services.

“Device” means a computer, laptop, desktop, smart phone, tablet, and any other similar equipment that is used for online activities.

“Marin Software Services” means the proprietary platform developed by Marin Software to enable measuring, managing, and optimizing digital marketing campaigns. The Marin Software Services are available in two versions: Enterprise and Professional.

Marin Software “Enterprise Edition” is used to manage large-scale advertising campaigns. Subscribers to the Enterprise Edition are usually larger advertisers or advertising agencies – for example, a department store. The Enterprise Edition is available through a subscription agreement executed off-line.

Marin Software “Professional Edition” is intended for businesses with less complex needs. It is available through an online subscription, where payment is made online.

“Personal Information” is information that identifies an individual or that, when combined with other information available to the data holder may allow identifying an individual with reasonable certainty.

“Promotion” includes a survey, contest, webcast, or promotion that we organize alone or in cooperation with a business partner.

“Registered User” is an individual who has provided contact information in order to receive content from Marin Software, such as a white paper or a newsletter.

“User” is an individual who uses the Marin Software Site. A User can be a user of the Site (who merely explores the Site), or a Registered User or a Business User.

Scope

This Privacy Policy applies to the information that we collect or receive from:

  1. Users of the website www.marinsoftware.com and/or affiliated micro sites that we operate alone or with a business partner (collectively “Site”);
  2. Business Users of the Marin Software Subscription Services, and
  3. Any individual with whom we interact through telephone, correspondence, or electronic communications, newsletters, interviews, surveys, contents, trade shows, or promotions.

This Privacy Policy does not apply to the data that Marin Software might collect or obtain from the websites of its customers, as part of providing its Marin Software Services to these customers. The Marin Software policies that apply to these activities are found in the Marin Software Privacy Central, the Marin Software Privacy Policy for Subscription Services, and the Marin Software Cookie Disclosure for Subscription Services.

By using our Site and/or the Subscription Services, you are consenting to our processing of your information as set forth in this Privacy Policy. Your continued use of the Site or Subscription Services, or continued interaction with us after we have notified you of a material change in our Privacy Policy in accordance with the Updates Section will be deemed an acceptance of these new terms.

What information we collect and how

We collect Personal Information in a variety of ways:

When you Complete a Form – We receive and store any Personal Information that users enter on our Site or provide to us otherwise. For example when you fill out a form to ask for information, you may be requested to provide your first and last name, telephone number, postal and/or email addresses. We may also request other information about a user’s needs or interests. You have the right not to provide such information. See our User’s Rights Section.

If you Become a Registered User – We require users to submit contact information if they wish to sign up for a free trial of the Subscription Services, download materials such as “white papers”, receive our newsletter or other information, or participate in a Promotion. In this case, the user becomes a “Registered User.”

If you Subscribe to the Marin Software Professional Edition – We collect contact information, such as name, title, phone number, email address from individuals who subscribe to the Marin Software Professional Edition.

While payment information is also required, we do NOT collect and do NOT have access to any payment information, such as credit card number and expiration date. This information is passed through directly to our service provider, which sends us only confirmation of the payment.

If you are a Business User – We may collect contact information, such as name, title, phone number, email address of Business Users who access any of the Marin Software Services.

If you Contact us – We may keep a record of your contact information and correspondence, the purpose of your contacting us, and our interaction with you if you contact us for any purpose.

If you Visit our Site – We collect information about your device. This information is automatically provided by your browser. This may include device information (type of device, operating system version, unique device identifier, browser type and version, and mobile network information) or log information (IP address, screen resolution, and referring domain).

We may also collect information through cookies and other technologies, such as information about a user’s online activity, the web pages visited, the search terms used, and any link or advertisements on which the user clicks. For more information, please see the Cookies and other technologies section.

When you Meet with us at Trade Shows and Other Events – We may collect your contact details, record your questions or requests about our products or services, information about your background or your company, and how we followed-up, if you visit our booth at a trade show, you meet with our representatives at a networking event, or you participate in a survey or promotion. We assume that if you come to visit with us and provide us with your contact information, it is with the intent that we communicate with you about our products or services.

Other Sources – We also may obtain personal information from affiliated entities, business partners, publicly available databases, and other independent third-party sources and add it to our contact database for marketing and sales purposes to combine it with other information that we have collected or obtained otherwise. This may include phone number, email address, title, or company. We may also obtain credit checks from credit reporting agencies or similar information for use in making credit decisions.

How we use personal information

Our primary goal in collecting personal information is to know better the individuals who are interested in our products or services, so that we can find more efficient and effective ways to respond to their questions and inquiries, and to market our products and services to them. The more we know about your goals and interests as they relate to the Marin Software products and services, the better we can communicate with you, anticipate your needs and communicate with you in a productive and enjoyable manner. This interaction may occur in several different ways:

All Users – We use personal information to provide our users with access to the public areas of our Site and information about our products and services. We may also use personal information about our users to communicate with them, respond to their questions, or as otherwise described at the point of collection of information.

Registered Users – If you have registered on our Site, we will use the information that you provide in order to manage your Registered User account and to give you access to the special service or document that you requested. We will assume that you are interested in our products or services, and may send you periodically additional information and news. You have the right to opt-out from receiving any future communications. See our User’s rights Section.

Business Users – If you or your employer have purchased our Subscription Services (or are using the Professional Edition on a trial basis), we may use your contact information to provide access to the relevant service, respond to your request for assistance, resolve disputes or trouble shoot problems. We also may use personal information to manage your customer account. While we have access to a customer’s billing contact information, we do not have access to payment information (e.g. credit card numbers). Thus, all payment issues are handled by our service provider who only informs us whether payment has been made or not.

We do not use the Personal Information of Business Users that is associated to, or that we might collect about their use of the Marin Software Services for any purpose other than to provide them with the service that they requested or to improve that service. We do not combine this Personal Information with any other information that we might have about these Business Users as a user of the remainder of our Site.

Correspondence – We may use your correspondence, contact information, email address, and any information that you provide in your messages, to respond to you.

Marketing and Business Development – We may use your contact details to solicit feedback from you, including through surveys. We may also use your Personal Information to estimate how likely you might be to become a customer, to send you marketing communications and promotional material; or to provide you with information about our white papers, our Subscription Services, Promotions, and other products and services.

If you demonstrate an interest in a particular product or service, such as by affirmatively clicking on a link about the product or service, and we have your contact information, we may follow-up and send you an email or initiate communication with you about this product or service. You have the right to prevent future interaction with you. See our User’s rights Section.

Investigations – We may use Personal Information to prevent or investigate potentially prohibited or illegal activities, or to enforce the Marin Software Subscription Services Terms of Use or the Marin Software Website Terms and Conditions.

Analytics – We may aggregate Personal Information and usage data in order to obtain statistical information, such as to calculate the percentage of users who have a particular zip code or telephone area code. We also use aggregated information to understand how our Site is used, for research or product development, for example, to measure interest in, or monitor the use of any content, product, services or promotions that we provide through the Site, to improve these content, products, services or promotions, and for the technical administration of the Site.

With whom we share personal information

From time to time, we may disclose Personal Information to third parties, as follows:

Affiliated Entities – The Marin Software subsidiaries may share a user’s Personal Information with each other in connection with their sales and marketing process. This sharing enables us to provide the user with information about our products and services that might be of interest to that user, coordinate activities among the different Marin Software entities, and address more efficiently our relations with our global accounts. You have the right to opt out of this sharing. See our User’s Rights Section.

To the extent that any of the Marin Software subsidiaries has access to your Personal Information, it will follow the practices described in this Privacy Policy. It will also comply with the applicable laws of the country in which it is located governing the transmission of promotional communications.

Business Partners – We may team up with other companies (“business partners”) to offer certain promotions, jointly sponsor and promote such promotions, and develop sub sites or separate websites that are used for a promotion. If you decide to participate in one of these promotions, the Personal Information that is collected from the relevant sub site will be collected by Marin Software as well as the business partners participating in the Promotion. We will use that information in accordance with this Privacy Policy, and our business partner will use it in accordance with its own privacy policy. Please note that we do not control the privacy practices of our business partners.

Service Providers – We may engage certain third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, storage, database management, credit card processing, credit reporting, collection, fraud prevention, business analytics, chat, website analytics, website optimization, lead scoring, retargeting, direct marketing campaign, or similar services.

We will share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your Personal Information.

Targeted Marketing – We may contract with publishers and advertising agencies to serve targeted advertisements about Marin Software to individuals who have visited our site so that our advertisements are presented to these individuals while they are visiting a third party’s website. This is accomplished by combining cookies and action tags that are shared with these third parties. We believe that if you have visited our site you may be more interested in seeing advertisements about our products and services – and more likely to purchase these products or services. You have the right to opt out of this targeted marketing. See our User’s rights section.

To Defend or Enforce our Rights – We may use or share Personal Information to protect ourselves or protect the Site, to establish or exercise our legal rights, respond to a breach of our WebsiteTerms and Conditions or Subscription Services Terms of Use, when we believe it is appropriate to protect the property and rights of Marin Software or a third party, the safety of our company, our customers or others, to investigate, prevent, take action against, or stop any fraudulent, illegal, unethical, or legally actionable activity, in connection with our Site, Subscription Services or other products or services, or the Marin Software Subscription Services Terms of Use or the Marin Software Website Terms and Conditions, or other agreements.

Business Transfers – If any or all of the assets of Marin Software are acquired by, or merged with those of another entity, or in the unlikely event of a bankruptcy, we may disclose, share or transfer some or all of our users’ Personal Information to or with this entity in preparation of the transaction, as part of the due diligence, or after the transaction has been consummated, so that the successor entity can continue providing our services to our users. If the recipient of the Personal Information has personal information practices that do not meet the substance of this Privacy Policy, you will be given the opportunity not to continue to use the Site.

Compliance with Laws and Third Party Requests – Marin Software cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our reasonable discretion, believe necessary or appropriate to respond to and defend against legal claims, respond to legal process (including a facially valid subpoena, warrant, court order or other legal process), or otherwise as required by law. Please note that we may not be able to notify you of a request for the disclosure of your information as described above, either because it might be prohibited by law, or because doing so would jeopardize an investigation into illegal or fraudulent activity, or because we do not have your contact information.

Aggregate Information – We may prepare reports, market analysis, and trend analysis that are based on compilation of data that Marin Software has collected. For example: “Emerging trends in the paid search advertising market” or “Mobile device targeting, and its impact in terms of click share, budget and performance”. These reports do not contain specific user information, but only aggregate information regarding a group of users. Data aggregation is a process in which data are gathered and expressed in a summary form for purposes such as statistical analysis, in order to obtain information about a particular group based on specific variables. This aggregated information is used for industry analysis, demographic profiling, and other purposes.

Cookies and other technologies

We use cookies and other technologies as described below to gather information about the users of our Site and the recipients or reader of our communications, in order to know what information is or might be of interest to them. All Personal Information collected through cookies is processed in accordance with this Privacy Policy.

Some cookies are managed by us, and others by our service providers. These cookies are used for a variety of purposes.

Some cookies enable services that you have specifically asked for, such as to help you register for a free trial of our Marin Software Services. Other cookies are used to remember the choices you made (for example, the size of the font, or the language you prefer) in order to make it easier for you to use our Site when you return. Other cookies collect information about how users use our Site, for example which pages they visit most often, or how long they stay on a particular page. Finally, other cookies are used to collect information about your perceived interest in our products so that we can arrange for advertisements regarding these products or services to display on other sites that you visit on the Internet. This way when you visit other sites that display advertisements, the advertisements that you see are more relevant to you.

To learn more about cookies and tags, please visit our Marin Software Cookie Disclosure for Website and Communications and Privacy Central.

If you have any other questions about cookies and other technologies, please visit http://www.allaboutcookies.org/ or http://networkadvertising.org/ or contact us as indicated in the How to contact us section below.

User's Rights

We want our users to enjoy their visit to our Site, and we respect their privacy. To this end, we provide numerous privacy choices.

While we have tried to provide our users with all the tools necessary so that they can manage their interaction with us, you may prefer to interact directly with us. You can contact us at any time with your questions or requests for assistance. Please refer to the How to Contact Us section below.

Right not to provide information – You can choose not to provide us with any Personal Information, or not to respond to certain questions. However, if you wish to obtain access to certain content, ask us a question, initiate a transaction, or to take advantage of certain features of the Site, you may be required to provide certain contact or other Personal Information, as indicated in the relevant form.

Right to block cookies – You can choose to block cookies. To do so, please review the Cookies and other technology Section and Privacy Central. Please note that if you refuse to accept cookies from this Site, you will not be able to access certain portions of the Site.

Right to object to new uses of your Personal Information – If at any time we wish to disclose, or use your personal data in a way, or for a purpose other than as described in this Privacy Policy, we will give you the opportunity to choose (opt out) whether your personal data may be used for a purpose other than the purposes that are set forth in this Privacy Policy.

Right to know about third party marketing – We do not currently share your Personal Information with third parties for their direct marketing purposes. If at any time we wish to disclose, or use your personal data in a way, or for a purpose other than as described in this Privacy Policy, we will give you the opportunity to choose (opt out) whether your personal data may be disclosed to a third party.

Right to block marketing communications – If you no longer wish to receive marketing information or communications from us or from our affiliates entities, you can unsubscribe from our distribution list by following the unsubscribe instructions provided in the communications that you receive from us.

Right to block tailored advertising – You can choose to block the use of tailored advertising about Marin Software on other websites, based on your visit to our Site by visiting the website of Network Advertising Initiative or that of the Digital Advertising Alliance

Please note, however, that if you choose not to receive tailored advertisements, you will still see online advertisements, about our or other companies. In addition, any opt-out will apply only to the activities conducted with the specific browser that you used for opting out, and will not be limited to your use of the Site.

Accessing, Changing or Deleting Personal Information – If you are a Registered User of the Site, you may update or correct the information you provided to us by requesting us to make such changes as indicated in the How to contact us Section. If you or your employer has purchased the Marin Software Subscription Services, you may access and update your information through the Subscription Services.

California privacy rights

We do not share Personal Information with third parties for their direct marketing purposes other than as described in this Privacy Policy. If our practices changes we will provide you with the relevant information as required by applicable law.

Security

Marin Software employs administrative, physical, and electronic measures designed to protect your information from unauthorized access, loss, misuse, disclosure, alteration, and destruction. While we do our best to implement security measures, we do not guarantee that our safeguards will always work.

When we need to transfer information out of our firewall, we use industry-standard technological means to protect Personal Information while in transit through the Internet. We use encryption and a comprehensive authentication protocol to provide reasonable security. However, please remember that no security system on the Internet is perfect.

Limitation of liability

We exercise reasonable efforts to safeguard the security and confidentiality of your personal data; however, transmissions protected by industry standard technology and administered by humans cannot be guaranteed to be secure. We will not be liable for unauthorized disclosure of personal data that occurs through no fault of Marin Software including, but not limited to, errors in transmission, access to your account by anyone, uses of your user ID and password by a third party, your failure to comply with your security obligations, and the unauthorized acts of Marin Software's employees.

Links to other websites

This Privacy Policy addresses only the use and disclosure of information that we collect from you through the Site or through our interaction with you. Our Site may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you. They follow their own rules regarding the use or disclosure of the Personal Information you submit to them. We recommend that you to read the privacy policies or statements of these other websites.

Our policy towards children

The Site is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us as indicated in the How to contact us section. If we become aware that a child under 13 has provided us with Personal Information, we will remove such information from our files.

International transfer

Your information may be transferred, stored, maintained, and processed in the United States or in other countries where we have facilities or where we have engaged a service provider. This storage, maintenance or processing will be performed under privacy and security laws and standards that may not be as protective as those in your jurisdiction. By using our Site and/or Subscription Services or by providing information to us, you consent to such storage, maintenance and processing outside your country of residence.

Safe Harbor

Marin Software adheres to the Safe Harbor Agreement concerning the transfer of personal information from the European Economic Area and Switzerland, and follows the Safe Harbor Principles published by the US Department of Commerce (“Principles”) with respect to such personal information. Our certification can be found at https://safeharbor.export.gov/list.aspx.

  • If there is any conflict between the policies in this Privacy Statement and the Principles when applied to personal information from the European Economic Area or Switzerland, the Principles shall govern.

For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce website at http://export.gov/safeharbor/.

Disputes

If you have any concerns or claims with respect to our Privacy Policy, please contact us as indicated in the “How to contact us” section. We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of personal data.

If the complaint or dispute cannot be resolved through our internal process, or Marin Software does not adequately respond to your question, please contact the San Francisco office of the American Arbitration Association, which will serve as a liaison with Marin Software to resolve your concerns.

If arbitration is necessary, it will be conducted by telephone and email, and if it must be done in person, it will be conducted in San Francisco, California. The arbitration will be conducted by one arbitrator member of the American Arbitration Association, and under the rules of commercial arbitration of the American Arbitration Association. Both parties will bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction.

Updates

This Privacy Policy may be updated from time to time in order to reflect changes in our practices. We will notify you of any material changes by posting the new Privacy Policy on the Site, and will obtain the necessary consents as may be required under applicable law if we seek to collect, use or disclose personal data for purposes other than those for which consent has been obtained.

Except as stated above, all changes will apply to the personal data that are already collected, and to personal data that are collected after the effective date of the revised policy. If any proposed change is unacceptable to you, you will have the right to terminate your account with us. You are advised to consult this Privacy Policy regularly for any changes.

How to contact us

Marin Software Incorporated owns and operates the website www.marinsoftware.com and provides the services described on the website. Marin Software Incorporated is a Delaware corporation, is headquartered in San Francisco. Its subsidiaries are located on other continents. A current list of the Marin Software subsidiaries can be found here

If you have any questions, comments or complaints about this Privacy Policy or our use of your Personal Information, please contact us as follows:

By email: privacy@marinsoftware.com

By postal mail: Marin Software Incorporated, 123 Mission Street, 25th Floor, San Francisco, CA 94105, Attn: General Counsel.

Back to the contest »