Last Updated: November 10, 2021 | Previous Versions

Google Marketing Platform Services - Analytics Service Specific Terms

By entering into an Analytics Order Form for the Google Marketing Platform Services - Analytics Services described in such Analytics Order Form (including Analytics 360, Optimize 360, Surveys 360 and Tag Manager 360, collectively the Analytics Service”), Company agrees to the following additional terms for the Analytics Service (the “Analytics Service Specific Terms”).

Unless otherwise noted, capitalised terms that are not defined in these Analytics Service Specific Terms have the meanings set forth in the Google Platform Services Terms and Conditions (the “Platform Terms”). To the extent there is any conflict or inconsistency between an Analytics Order Form, these Analytics Service Specific Terms and the Platform Terms, the following order of precedence will apply in respect of the Analytics Services: (1) the Analytics Order Form; (2) the Analytics Service Specific Terms; and (3) the Platform Terms.

  1. Analytics Service Specific Definitions.
    • “Beta Test” means Company’s use of a Beta Feature(s) for the purpose of testing the usability and functionality of that Beta Feature(s). For purposes of clarification, (i) in no event will Company be obligated to participate in any Beta Test, and (ii) Company’s use of a Beta Feature for purposes other than testing the usability and functionality of that Beta Feature will not be deemed a Beta Test with respect to that Beta Feature.
    • “Company Data” means: (i) with respect to Analytics 360, the data collected through use of an OSCI and then processed by Analytics 360; (ii) with respect to Optimize 360, Company’s creative content or code for creative content that Company inputs into Optimize 360 or has inputted on its behalf; (iii) with respect to Surveys 360, Survey Questions and Survey Response Data; and (iv) with respect to Tag Manager 360, data concerning the volume and frequency of Company’s code (e.g., HTML) or web beacons (e.g., pixel tag, clear GIF) served via a Tag Container. For the purposes of these Analytics Service Specific Terms, “Data” as defined in the Platform Terms means Company Data.
    • “Data Processing Terms” has the meaning given in Section 2(f) of these Analytics Service Specific Terms.
    • “Event” means a base unit of measurement that is processed in the Analytics 360 service through a GA4 Property, which may include but is not limited to a page view, transaction, call to the Google Analytics system by an OSCI, screen view, custom event or other interactions with GA4 Properties capable of supporting multiple data streams.
    • “GA-OEP Property” or “GA-OEP Properties” means the collection of Google Analytics settings and information associated with the same Google Analytics Property ID to which Hits or Events, as applicable, are sent from a Property or collection of Properties.
    • “Google Analytics 4 Property” or “GA4 Property” means an Analytics 360 Property (formerly known as an ‘App + Web’ property) that uses an OSCI to send Events to the Analytics Service through Company’s account.
    • “Hit” means a base unit of measurement that is sent to Analytics 360 for processing through a UA Property, which may include but is not limited to a page view, a transaction or a call to the Google Analytics system by an OSCI.
    • “Mobile SDK” means a mobile operating system software development kit (together with any fixes, updates and upgrades) made available by Google that developers may use in an application to send Hits or Events to the Analytics Service.
    • “OEP” means an “Optimize 360 Enabled Property”, which is a GA-OEP Property that is enabled for linking to the Optimize 360 Service.
    • “Optimize Container” means the code delivered through Optimize 360, through which Company may serve code required to deliver modified visitor experiences.
    • “OSCI” means an “Officially Supported Client Interface”, which is a mechanism made available by or supported by Google that can be used to send Hits or Events, as applicable, to Analytics 360.
    • “Platform Home” means the user interface in Google Marketing Platform, through which Company can access certain platform-level functionality.
    • “Property” means any web page(s), application(s), or other property (i) with respect to Analytics 360 and Optimize 360, that uses an OSCI to send data to the Analytics Service through Company’s account and (ii) with respect to Tag Manager 360, for which Company requests a Tag Container. Properties will be deemed Target Properties for purposes of the Analytics Service. For purposes of clarification, all applicable obligations relating to Target Properties under the Platform Terms will apply to Properties.
    • "Publisher" means a third party on whose web property or content Survey Questions may be placed.
    • “Report” means the resulting analysis shown at www.google.com/analytics (or any other URL Google may provide from time to time).
    • “Roll-Up Event” or “Roll-Up Hit” means an Event or Hit, respectively, that is additionally processed by a Roll-Up Property and stored therein.
    • “Roll-Up Property” means an Analytics 360 account configuration setting by which Event- or Hit-level data, as applicable, from one or more Properties is additionally processed by Analytics 360 without an OSCI and stored together in accordance with such configuration.
    • "Sub-Property" means an Analytics 360 account configuration setting by which Event-level data from one GA4 Property is additionally processed by Analytics 360 without an OSCI and stored in accordance with such configuration.
    • "Sub-Property Event" means an Event that is additionally processed by a Sub-Property and stored therein.
    • "Survey Questions" means all questions submitted by Company through Surveys 360.
    • “Survey Response Count” means the total number of completed surveys submitted by End Users in response to Survey Questions.
    • “Survey Response Data” means data submitted by End Users in response to Survey Questions.
    • “Tag Container” means the code delivered through Tag Manager 360, through which Company may serve multiple code (e.g., HTML) or web beacons (e.g., pixel tag, clear GIF) on one or more Properties.
    • “Universal Analytics Property” or “UA Property” means an Analytics 360 Property (also known as a ‘Classic’ property) that uses an OSCI to send Hits to the Analytics Service through Company’s account.
  2. Rights and obligations
    • Google grants to Company and Company Subcontractors the right to access and use the Analytics Service, subject to the terms and conditions of the Analytics Service Specific Terms, the Platform Terms, and the applicable Analytics Order Form.
    • Company is permitted to install, copy and use the OSCIs (if Company is purchasing Analytics 360) and Analytics Service solely on Company’s or Client’s Properties, subject to the terms and conditions of the Analytics Service Specific Terms, the Platform Terms, and the applicable Analytics Order Form.
    • If Company’s Analytics Service account(s) (including accounts for any free versions of the Analytics Service) is linked to a Google Marketing Platform organisation, certain data from Company’s Analytics Service accounts and/or data related to or derived from Company’s use of the Platform Home may be shared within the Google Marketing Platform organisation, made accessible to any entity or personnel with access to the Google Marketing Platform organisation, and will be subject to applicable settings in the Platform Home. Notwithstanding Company’s data sharing settings within any of the Analytics Service accounts linked to such Google Marketing Platform organisation, Google support representatives may have access to the Google Marketing Platform organisation and its data for the purpose of troubleshooting or servicing the Google Marketing Platform organisation.
    • Upon any termination or expiration of the Analytics Order Form (as applicable): (i) each Property is subject to the applicable Downgrade Policies available at https://support.google.com/analytics/answer/9826983 (as modified from time to time) (“Downgrade Policies”) and may be subject to downgrade as outlined therein, (ii) the deletion terms in the Data Processing Terms will apply to the relevant Analytics Service Company Data to the extent applicable, and (iii) Google will otherwise (1) delete Analytics Service Company Data if requested by Company through features made available by Google to Company or (2) render all Analytics Service Company Data externally inaccessible within a reasonable time period after receiving a written request from Company to do so. Continued Google Analytics, Optimize and Tag Manager services use is subject to the then-standard Google Analytics Terms of Service available at http://www.google.com/analytics/tos.html, the then-standard Optimize Terms of Service available at http://g.co/optimizetos, and the then-standard Google Tag Manager Terms of Service available at https://www.google.com/analytics/tag-manager/use-policy/, each as applicable. Company will not be permitted to export Company Data processed in the performance of the Analytics Service except as the then-standard Google Analytics, Optimize and Google Tag Manager product, as applicable, permit). With respect to Surveys 360, Section 2(d)(iii)(2) above will only apply to the extent such Company Data has not been made public before termination or expiration of the Surveys 360 Order Form for Surveys 360 by Company.
    • The Analytics Service (excluding Surveys 360 and unless specified as not applying elsewhere) is subject to the applicable Service Level Agreements found at https://www.google.com/intl/en_us/ga360suite/sla.html.
    • Google and Company agree that provision and use of the Analytics Service (excluding Surveys 360) is subject to the Google Ads Data Processing Terms at https://privacy.google.com/businesses/processorterms/ (the “Data Processing Terms”) and the parties will comply with the Data Processing Terms with respect to such Services. For clarity, Surveys 360 is not subject to the Data Processing Terms.

      • ANALYTICS 360

    • Company will not, and will not allow any third party to, use data labelled as belonging to a third party in Analytics 360 for purposes other than generating, viewing, and downloading Reports.
    • Company’s use of Analytics 360 is subject to the applicable Google Analytics Policies available at www.google.com/analytics/policies (as modified from time to time) (“GA Policies”).
    • If Company links a Property to Firebase projects (“Firebase Linkage”) as part of using the Service, the following terms, in addition to the other applicable terms which comprise of Company’s agreement for the Analytics Service will also govern Company’s use of the Service, including with respect to Company’s use of Firebase Linkage. Other than as stated below, all other terms will stay the same and continue to apply to Company’s use of Analytics 360. If Company (or a Customer, as applicable in an Analytics Service sales partner agreement) links a Firebase Linkage (i) certain data from Company’s Property, including Company Data, may be made accessible within or to any other entity or personnel specified in the applicable Firebase settings, and (ii) that Property may have certain Service settings modified by authorised personnel specified in the applicable Firebase settings (notwithstanding the settings Company (or a Customer, as applicable in an Analytics Service sales partner agreement) may have designated for that Property within Analytics 360). In the event of a conflict between this Section 2(i) and other sections, the terms in this Section 2(i) will govern and control solely with respect to Company’s use of the Firebase Linkage.
    • If an Analytics 360 Property is downgraded in accordance with the Analytics Order Form, if applicable, or by Company, Customer (as applicable in an Analytics Service sales partner agreement), or at Company or Customer’s request, in each case, during the Term (and not in connection with any termination or expiration of the Analytics Order Form), the Downgrade Policies will apply and any use of such downgraded property is subject to the then-standard Google Analytics Terms of Service available at http://www.google.com/analytics/tos.html.

      • OPTIMIZE 360

    • Company may only link GA-OEP Properties to Company’s Optimize account if it has all necessary rights to such GA-OEP Properties and shared Google Analytics data and has all necessary rights to perform such linking.
    • For purposes of clarification, the Agreement governs Company’s use of Optimize 360 on Company’s OEPs. Company’s use of the free Optimize Service on free Optimize properties will be governed by the Optimize Terms of Service available at http://g.co/optimizetos (or such other URL as provided by Google).

      • SURVEYS 360

    • Company’s use of Surveys 360 hereunder is subject to the applicable Google Surveys Policies available at https://support.google.com/surveys/answer/2375134 (as modified from time to time, “Google Surveys Policies”).
    • Company is solely responsible for the content of all Survey Questions. Google owns all rights, title and interest in the decision tools, formulae, metrics, ratings, scores, tracking methodologies and data provided by Google to generate the reports and/or provide Surveys 360, including data generated pursuant to Section 4(a) of these Analytics Service Specific Terms. In addition to the rights granted in Section 4 of these Analytics Service Specific Terms, Company grants to Google a perpetual, irrevocable, non-exclusive, worldwide, transferable, royalty free right to use, copy, modify, distribute and display Company Data not directly identifiable with Company and derivatives thereof for the improvement, provision and operation of Surveys 360, provided that Company Data directly identifiable with Company is not shared with any third parties without Company’s consent.
    • Notwithstanding anything to the contrary in the Agreement: (i) each Publisher has the right to enforce Google’s rights under Clause 11 (Indemnification) of the Platform Terms, as if such Publisher had been named with Google in that clause; and (ii) Company will indemnify Google, its Affiliates, directors, officers, employees and Publishers against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from Company’s breach of: (x) Section 2(n) of these Analytics Service Specific Terms; or (y) the Google Surveys Policies. Subject to Clause 12.1 of the Platform Terms, no limitations or exclusions of liability in the Platform Terms will apply to the indemnities in this paragraph.

      • TAG MANAGER 360

    • Company will not host the Tag Container on any domain other than the Tag Manager 360 domain without Google’s prior written consent.
    • Company represents and warrants that it has obtained all necessary rights to upload any non-Google tags and will comply with all terms and conditions relating to the use of all tags via Tag Manager 360.
    • Google is not liable for any claim or loss arising from or related to Company’s use of non-Google tags.
  3. Confidentiality. Notwithstanding Section 7 (Confidentiality) of the Platform Terms, and subject to Section 4 (Data) and Section 2 (Rights and Obligations) (as applicable to the specific Service) of these Analytics Service Specific Terms, Company Data is Confidential Information of Company.
  4. Data. As between Company and Google, Company owns all Company Data; provided that Google may use and disclose such Company Data solely:
    • as aggregate Service statistics, which will not include personally identifiable information or information that identifies or would reasonably be expected to identify Company or any of its Clients or Target Properties;
    • to provide the Analytics Service and enforce its rights under this Agreement (it being understood and agreed that Company’s non-aggregated data will not be used or disclosed to any third party by Google (except as otherwise expressly permitted by the Agreement) without Company’s written consent);
    • in accordance with the settings in Company’s account and the Platform Home, as applicable; and
    • if and as required by court order, law or governmental or regulatory agency (after, if permitted, giving reasonable notice to Company and using reasonable endeavours to provide Company with the opportunity to seek a protective order or the equivalent (at Company’s expense)).
    Google may use and disclose data derived from Company’s participation in a Beta Test, and all results and feedback from the Beta Test, in connection with the Analytics Service, provided that Google will not disclose such data, results or feedback to third parties in such a manner as would identify or reasonably be expected to identify Company or its Clients without Company’s prior written consent.
  5. Affiliates.
    • If the Analytics Service is provided to an Affiliate of Company that is organised in: (i) Europe, the Middle East or Africa, Google Ireland Limited will be the entity that provides such Service or, if the relevant Affiliate of Company has been notified in an assignment or similar notice that an Affiliate of Google Ireland Limited will be providing the Service, then such entity; (ii) North America or in another region outside Europe, the Middle East, Africa, Asia and Oceania, Google LLC will be deemed to be the entity that provides such Service or, if the relevant Affiliate of Company has been notified in an assignment or similar notice that an Affiliate of Google LLC will be providing the Service, then such entity; (iii) Asia (other than China) or Oceania (other than Australia, New Zealand, Japan or Indonesia), Google Asia Pacific Pte. Ltd. will be deemed to be the entity that provides such Service; (iv) Australia, Google Australia Pty. Ltd. will be deemed to be the entity that provides such Service; (v) New Zealand, Google New Zealand Limited will be deemed to be the entity that provides such Service; (vi) Japan, Google Japan G.K. will be deemed to be the entity that provides such Service; (vii) or Indonesia, PT Google Indonesia will be deemed to be the entity that provides such Service. Notwithstanding the foregoing, if Company or a relevant Affiliate of Company has been notified in an assignment or similar notice that Google LLC or an Affiliate of Google LLC will be providing the Service, then such Google entity will be deemed to be the entity that provides such Service. If there is a conflict between this Section 5 (Google Affiliates) and any equivalent clause in the Analytics Order Form, this Section will prevail.
    • If an Affiliate of Company that is party to an Advertising Platform Agreement (or another substantially similar agreement) (the “APA”) with Google subsequently enters into an Affiliate Adopting Agreement to this Agreement, then, as of the “Adopting Effective Date” of that Affiliate Adopting Agreement, this Agreement will supersede that Affiliate’s APA and all order forms (or another substantially similar agreement), schedules, and statements of work to it (as applicable) with respect only to the Analytics Service (individually and/or collectively, as applicable).

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