Last Updated: April 10, 2023

India 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, and Tag Manager 360, collectively the "Analytics Service"), Company agrees to the following additional terms for the Analytics Service (the "Analytics Service Specific Terms") being provided by Google. Unless otherwise noted, capitalized terms that are undefined in these Analytics Service Specific Terms have the meanings set forth in the Google Platform Services Terms and Conditions (the "Platform Terms"), which can be accessed here: https://www.google.com/doubleclick/platform/apac_in/terms/ and the Sales Terms, which can be accessed here: https://www.google.com/doubleclick/analytics/apac_in/sale_terms/ .

1. Analytics Service Specific Definitions.
   • "Beta Test" means Company's use of a Beta Feature(s) (as defined under Platform Terms) for the purpose of testing the usability and functionality of that Beta Feature(s). For the 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 the following: (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; and (iii) 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 the Analytics Order Form, data derived from Company’s use of the Analytics Service means Company Data for the applicable Analytics Service.
   • "Event" means a base unit of measurement that is processed in Google Analytics or 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 operated by Google, 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) operated by Google, that uses an OSCI to send Events to the Analytics Service through Company’s and/or Client’s account.
   • "Hit" means a base unit of measurement that is sent to the AnalyticsServices 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) provided by Google that developers may use in an application to send Hits or Events to the Analytics Service. For purposes of clarification, a Mobile SDK is an OSCI.
   • "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 the Analytics 360 service.
   • "Platform Home" means the user interface in Google Marketing Platform through which Company can access certain platform-level functionality.
   • "Property" means any web page, application, or other property that is owned and/or operated by the Company and/or the Client(s) (i) with respect to Analytics 360 and Optimize 360, uses an OSCI to send data to the Analytics Service through Company’s account and (ii) with respect to Tag Manager 360, any web page, application, or other property 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 the Analytics 360 service 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 the Analytics 360 service 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.
   • "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), operated by Google, that uses an OSCI to send Hits to the Analytics Service through Company’s account.
2. Rights & Obligations.
   • Google India sells the Company for further resale Analytics Service, subject to the terms and conditions of the Analytics Service Specific Terms, the Platform Terms, the Sales Terms and the applicable Analytics Order Form.
   • Company is permitted to install, 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 as provided by Google India’s Affiliate, the Sales Terms with Google India and the applicable Analytics Order Form with Google India.
   • If Company’s Analytics Service account(s) (including accounts for any free versions of the Analytics Service) is linked to a Google Marketing Platform organization, 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 organization, made accessible to any entity or personnel with access to the Google Marketing Platform organization, 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 organization, Google support representatives may have access to the Google Marketing Platform organization and its data for the purpose of troubleshooting or servicing the Google Marketing Platform organization.
   • 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) if Company is party to the Google Ads Data Processing Terms (available at privacy.google.com/businesses/processorterms) in connection with the Analytics Service (excluding Surveys 360), the deletion terms therein will apply to the relevant Analytics Service Company Data to the extent applicable, and (iii) Google India or its Affiliates will otherwise (1) delete Analytics Service Company Data if requested by Company through features made available by Google India or its Affiliates 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 https://marketingplatform.google.com/intl/en_in/about/ads_platforms/gmp/analytics/terms/ 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://marketingplatform.google.com/intl/en_in/about/ads_platforms/gmp/analytics/terms/ each as applicable, and for purposes of clarification, Company will not be permitted to export Analytics Service Company Data (except as the then-standard Google Analytics, Optimize and Google Tag Manager product, as applicable, permits).
   • The Analytics Service during the Term is subject to the applicable Service Level Agreements found at https://www.google.com/intl/en_us/ga360suite/sla.html.
3. ANALYTICS 360
   • Company will not, and will not allow any third party to, use data labeled 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 hereunder 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 (or a Customer, as applicable in a GA360 sales partner agreement) 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 360 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 service. If Company (or a Customer, as applicable in a GA360 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 authorized personnel specified in the applicable Firebase settings (notwithstanding the settings Company (or a Customer, as applicable in a GA360 sales partner agreement) may have designated for that Property within the Service). In the event of a conflict between this Section 2(h) and other sections, the terms in Section 2(h) will govern and control solely with respect to Company’s use of the Firebase Linkage. Services in relation to Firebase project will be charged for separately under separate sale terms by the relevant Google / Affiliate entity.
   • If an Analytics 360 Property is downgraded in accordance with the Analytics Order Form, if applicable, or by Company, Customer (as applicable in the Customer 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.
4. 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, this Agreement only 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 standard Optimize Terms of Service available at http://g.co/optimizetos (or other URL as provided by Google).
5. 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.
   • NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, GOOGLE WILL NOT BE LIABLE FOR ANY CLAIM OR LOSS ARISING FROM OR RELATED TO COMPANY’S USE OF NON-GOOGLE TAGS.
6. Confidentiality. Notwithstanding Section 7 (Confidentiality) of the Platform Terms and subject to the provisos of Section 4 (Data) below and any applicable provisos of Section 2 (Rights & Obligations) above for a specific Service, Company Data is Confidential Information of Company.
7. Data.

   7.1. As between Company and Google, Company will own 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,
   • if and as required by court order, law or governmental or regulatory agency (after, if permitted, giving reasonable notice to Company and using commercially reasonable efforts to provide Company with the opportunity to seek a protective order or the equivalent (at Company’s expense)), and
   • with respect to data derived from Company’s participation in a Beta Test, in addition to its rights set forth in the preceding provisos, Google may use and disclose such data, and all results and feedback from the Beta Test, in connection with the Analytics Services as long as Google does not disclose results to third parties in such a manner as would identify or reasonably be expected to identify Company or any of its Clients without Company’s prior written consent.

   7.2. Data Processing Terms. Google India and Company agree to the Google Ads Data Processing Terms at https://business.safety.google/adsprocessorterms/ (the “Data Processing Terms”) in connection with the Analytics Service (excluding Surveys 360) that are “Processor Services” (as such term is defined in the Data Processing Terms).

   7.3. Amendment of Data Processing Terms. For the purposes of Google’s provision of the Analytics Service to Company, the Data Processing Terms are amended as follows: (i) “Company’s use of the Processor Services” in Section 5.2(b) of the Data Processing Terms includes instructions given on behalf of Company by Customers, including instructions given through Customers’ use of the Analytics Service; (ii) “the option for Company to delete Company Personal Data” in Section 6.1.1(a) of the Data Processing Terms includes the option for Customers to delete Company Personal Data (as defined in the Data Processing Terms); (iii) “Company uses the Processor Services to delete certain Company Personal Data” in Section 6.1.1(b) of the Data Processing Terms includes Customers using the Analytics Service to delete certain Company Personal Data (as defined in the Data Processing Terms); (iv) “the deleted Customer Personal Data cannot be recovered by Customer” in Section 6.1.1(c) of the Data Processing Terms includes Customer using the Analytics Service to recover certain Customer Personal Data; (v) notification under Section 7.2.3 of the Data Processing Terms can, at Google’s discretion, be provided to Customers instead of to Company if Customers’ contact information is provided in the Analytics Service settings or user interface (or such other means provided by Google to Company); and (vi) “of which Google provides” in subsection (b) under “Categories of Data Subjects” in Appendix 1 of the Data Processing Terms means “of which Google or Company provides.”