Last Updated: Apr 29, 2020

Google Marketing Platform Services - Analytics Service Specific Terms

Note: This is not the current version of this document and is provided for archival purposes. View the current version

By entering into an Order Form for any of the Google Marketing Platform Services - Analytics services (comprised of Analytics 360 (formerly known as Google Analytics Premium), Optimize 360, Surveys 360 and Tag Manager 360) to the extent such service(s) is selected in an Order Form (such selected service(s) the “Analytics Service” and such Order Form the “Analytics Order Form), Company agrees to the following additional terms for the Analytics Service (the “Analytics Service Specific Terms”).

Unless otherwise noted, capitalised terms not defined in these Analytics Service Specific Terms have the meanings set forth in the Google Platform Services Terms and Conditions available at https://www.google.com/doubleclick/platform/emea_uk/terms/ (the “Google Platform Services Terms and Conditions” or the “Platform Terms”). These Analytics Service Specific Terms, along with the Platform Terms and the Analytics Order Form, are collectively referred to herein as the “Agreement”.

  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:
      1. with respect to Analytics 360, the data collected through use of an OSCI and then processed by Analytics 360;
      2. with respect to Optimize 360, Company’s creative content or code for creative content that Company inputs into the Optimize 360 Service or has inputted on its behalf;
      3. with respect to Surveys 360, Survey Questions and Survey Response Data; and
      4. 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 purposes of these Analytics Service Specific Terms, “Data” as defined in the Google Platform Services Terms and Conditions means Company Data.
    • “Data Processing Terms” has the meaning given in Section 2(f) of these Analytics Service Specific Terms.
    • “Enhanced Packet” has the meaning given in Section 1(f).
    • “GA Property” or “GA Properties” means the collection of Google Analytics settings and information associated with the same Google Analytics Property ID to which Hits are sent from a Property or collection of Properties.
    • “Hit” means a base unit of measurement that is sent to the Google Analytics or Analytics 360 Service for processing, which may include but is not limited to a page view, a transaction or a call to the Google Analytics system by an OSCI. For clarity, a Hit does not include certain events whose collection reflects interactions with certain Properties capable of supporting multiple data streams, and which may include screen views and custom events (such collection of events, an “Enhanced Packet”).
    • “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 Enhanced Packets to the Analytics Service.
    • “OEP” means an “Optimize 360 Enabled Property”, which is a GA 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 and Enhanced Packets to the Analytics 360 Service.
    • “Platform Home” means the user interface in the Google Marketing Platform through which Company can access certain platform-level functionality.
    • “Property” means any web page, application, or other property that:
      1. with respect to Analytics 360 and Optimize 360, uses an OSCI to send data to the Analytics Service through Company’s account, and
      2. with respect to Tag Manager 360, any web page, application, or other property for which Company requests a Tag Container.
      Properties are deemed Target Properties for purposes of the Analytics Service. All obligations relating to Target Properties under the Google Platform Services Terms and Conditions 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 Hit” means a Hit received and processed by a Roll-Up Property.
    • “Roll-Up Property” means a Property that receives and processes Hit-level data sent to it from one or more other Properties.
    • "Survey Questions" means all questions submitted by Company through the Surveys 360 Service.
    • "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.
    • “UIDs” means any unique anonymous identifiers, including without limitation cookies and similar technologies.
  2. Rights and obligations
    • Google grants to Company the right to access and use the Analytics Service, subject to the terms and conditions of the Agreement.
    • 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.
    • 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 termination or expiry of the Analytics Order Form:
      1. Google will render all Company Data processed in the performance of the Analytics Service externally inaccessible in accordance with the Data Processing Terms after receiving a written request from Company to do so, save that, with respect to the Surveys 360 Service, this Section will only apply to the extent that such Company Data has not been made public by Company on or before termination or expiry of the Analytics Order Form; and
      2. continued Analytics Service 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, permits.
    • The Analytics Service (excluding the Surveys 360 Service 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 Services (excluding the Surveys 360 Service) 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, the Surveys 360 Service is not subject to the Data Processing Terms.
    • Company will comply with all applicable export control and sanctions laws and regulations, including: (i) the Export Administration Regulations maintained by the U.S. Department of Commerce, (ii) trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control, and (iii) the International Traffic in Arms Regulations maintained by the U.S. Department of State.

      • ANALYTICS 360

    • Company will not, and will not allow any third party to, use data labelled as belonging to a third party in the Analytics 360 Service for purposes other than generating, viewing, and downloading Reports.
    • Company’s use of the Analytics 360 Service is subject to the Google Analytics Policies available at www.google.com/analytics/policies (as modified from time to time) (“GA Policies”).
    • Firebase Linkage: If Company links a Property(ies) to Firebase projects (“Firebase Linkage”) as part of using the Analytics 360 Service, the following sub-Sections (j)(i) and (j)(ii) will apply solely in respect of Company’s use of the Firebase Linkage:
      • certain data from Company’s Property(ies), including Company Data, may be made accessible within or to any other entity or personnel according to permissions set in Firebase; and
      • that Property(ies) may have certain service settings modified by authorised personnel of Firebase (notwithstanding the settings Company may have designated for that Property(ies) within the Analytics 360 Service).
      In the event of a conflict between this Section 2(j) and the remainder of this Agreement, the terms in this Section 2(j) will govern and control solely with respect to Company’s use of the Firebase Linkage.

      OPTIMIZE 360

    • Company may only link GA Properties to Company’s Optimize account if it has all necessary rights to such GA Properties and shared Google Analytics data and has all necessary rights to perform such linking.
    • This Agreement governs Company’s use of Optimize 360 on Company’s OEPs only. Company’s use of the free Optimize Service on free Optimize properties is 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 the Surveys 360 Service hereunder is subject to the Google Surveys Policies available at https://support.google.com/surveys/answer/2375134 (as modified from time to time, the “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 the Surveys 360 Services, including data generated pursuant to Section 4(a) of these Analytics Service Specific Terms. In respect of the Surveys 360 Service, Company grants to Google a perpetual, irrevocable, non-exclusive, worldwide, transferable, royalty free right to use, copy, modify, distribute and display Company Data and derivatives thereof for the improvement, provision and operation of the Surveys 360 Service, provided that Company Data that is directly identifiable with Company may not be 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 Google Platform Services Terms and Conditions, 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 Google Platform Services Terms and Conditions, no limitations or exclusions of liability in the Google Platform Services Terms and Conditions 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 (subject to Company’s settings in Company’s Analytics Service account and the Platform Home, as applicable), 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;
    • 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)); and
    • Google may use and disclose data derived from Company’s participation in a Beta Test, and all results and feedback from the Beta Test, for any purpose, 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.

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