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Terms of use for Google Analytics

These terms of use for Google Analytics (this "Agreement") apply between Google Ireland Limited (hereinafter "Google") and legal personality (hereinafter "You" or "Them") who signs this agreement. This agreement regulates your use of the standard version of the Google Analytics service regulated here (hereinafter referred to as "Service"). BY CLICKING ON THE "I AGREE" BUTTON, BY REGISTERING OR USING THE SERVICE, YOU DECLARE THAT YOU HAVE REVIEWED THIS AGREEMENT AND IN YOUR OWN NAME AND / OR. THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE HOLDER OF THE ACCOUNT AND TO ENTER INTO THIS AGREEMENT FOR HIM. THE PARTIES AGREE AS ​​FOLLOWS:

1. Definitions

"Account" means your account for the service. If necessary, all hits for profiles that are associated with a single property are summarized before the fee for the service is determined for this property.

"Confidential information" are all data protected by copyright as well as all other information that is communicated in writing by one of the contracting parties to the other and marked as "confidential" or which is communicated orally and summarized and communicated in writing within five working days and marked as "confidential" . Deviating from this, confidential information does not include information that is known to the general public, that was known to the other party to whom it was disclosed, or that was developed independently and without the use of the confidential information by the receiving contracting party were.

"Customer data" or "Google Analytics data" means the data, technical properties and activities of users that you collect, process or save using the service.

"Documentation" refers to all documentation made available to you by Google for use with the processing software, including the documentation made available online.

"GAMC" means the Google Analytics Measurement Code that is installed on your property to collect customer data, including all fixes, updates and upgrades.

"Hit" refers to a collection of interactions that results in data being sent to and processed by the service. There are, among other things, pageview and e-commerce hits. A hit can - but does not have to - be a call to the service by different libraries. Other protocols and mechanisms supported by Google Analytics that are provided as part of the service can also be sent to the service as hits.

"Platform Home" refers to the user interface through which you can access certain functions of the Google Marketing Platform.

"Processing Software" refers to the Google Analytics software including all associated upgrades, which is hosted by Google on the servers and which analyzes customer data and creates reports.

"Profiles" refers to all settings that together determine the information to be included or excluded from a specific report. For example, a profile can be defined as a one-off report to monitor a small section of a website.

"Property" (or "Website") means a website, application, or other item or resource over your control that sends data to Google Analytics.

"Data protection" refers to the data protection declaration in a property.

"Report" refers to the evaluation that is displayed at www.google.com/analytics/ and that can relate to a specific profile.

"Server" means the servers controlled by Google (or its affiliates) on which the processing software and customer data are stored.

"SDKs" are certain software development kits that can be used or integrated into a property app to collect customer data; including any fixes, updates, and upgrades that are made available to you.

"Software" refers to the processing software, the GAMC and / or SDKs.

"Third party" means any third party (i) to whom you grant access to your account or (ii) for whom you collect information on behalf of the Service.

"User" refers to the users and / or visitors to your properties.

The words "lock in" and "including" mean "including but not limited to".

2. Fee and service

Subject to a change in the conditions under Clause 15, the service will be provided free of charge for up to ten million hits per month per account. Google may change the fees and terms of payment for the service from time to time, including the introduction of additional fees for geographic data, for the import of cost data from search engines, or other fees charged by third parties to Google or its affiliates for the inclusion of Claim data in the service. The effectiveness of such changes is subject to acceptance by you. The changes will be announced on www.google.com/analytics/. Unless otherwise agreed, all fees are given in US dollars. All outstanding claims are due immediately upon termination of this agreement, regardless of the reason. Any costs in connection with the collection of the claim (including any costs of legal prosecution) that Google incurs will also be due. All claims - as far as this applies to you - will be collected via your credit card or any other collection method agreed for your AdWords account.

3. Account, password and security

In order to register for the service, you must provide Google with the information requested in the registration process, including your e-mail address ("User Name") and a password, up-to-date, completely and correctly in terms of content. You are obliged to treat your password and user name confidentially and assume full responsibility for the use of your password or account, be it by yourself or by third parties. You are solely responsible for all activity that occurs on your account. You are obliged to notify Google immediately as soon as you learn of unauthorized use of your account or of any other security risk. From time to time, Google employees (or employees of Google affiliates) will log into the Service for the purpose of maintaining the Service, including to assist you with technical issues or billing issues.

4. Non-Exclusive Right of Use

Google hereby grants you the limited, revocable, non-exclusive, non-sublicensable and non-transferable right of use to install, reproduce and use the GAMC and / or the SDKs only to the extent necessary to use the service for your properties or third party properties. Google also grants you the right to remotely access, view and download your reports, which are available at www.google.com/analytics/. You are obliged to comply with all laws and other regulations applicable to the use of and access to the documentation, software, service and reports.

5. Confidentiality and Beta Features

Neither of the contracting parties will use or disclose the confidential information of the other contracting party without the prior written consent of the other party, unless this is done to fulfill the obligations under this agreement or if this is required by law, another regulation or a court order is. The contracting party obliged to disclose confidential information shall notify the other contracting party of this as early as possible before the disclosure of this information. Certain functions of the Service are identified (within the Service or elsewhere) by Google as "Alpha", "Beta", "Test" or otherwise as unsupported or confidential (hereinafter referred to as "Beta Functions"). You may not disclose information from beta functions, the terms of use or the existence of non-public beta functions. Google assumes no liability for claims arising out of or in connection with the use of beta features.

6. Use of Information

B. accounting tasks or data storage) m to perform. If this occurs, these third parties are contractually obliged to process customer data only in accordance with Google's instructions in accordance with this agreement and with due observance of appropriate confidentiality and security measures.

7. Privacy

You will not transmit any information to Google that Google could use or recognize as personally identifiable information, nor will you allow or assist third parties with such transmission. You are also obliged to hold an appropriate data protection declaration in prominent places (and to adhere to it). You are obliged to disclose the use of Google Analytics and to specify how data is collected and processed with it. You can use a clearly visible link to the page "Use of data by Google when you use our partners' websites or apps" (accessible at www.google.com/policies/privacy/partners/ or any other URL that Google uses below for this purpose names). You are obliged to take economically reasonable steps to ensure that a user receives transparent, comprehensive information about the storage of and access to cookies or other information on the user's device and that the user agrees to this this takes place in connection with the services and the provision of such information and the obtaining of such consent is provided for by law. To avoid misunderstandings, without limiting the general validity of the above, it is stated that you, as the person responsible for processing customer data, must comply with all applicable data protection laws.

You will not bypass any features of the data protection service (e.g. opt-out). You will comply with all applicable Google Analytics guidelines, which are available at www.google.com/analytics/policies/ or at another URL specified by Google and the name and content of which may be changed from time to time (the "Google Analytics- Guidelines ").

You may be using an integrated version of Google Analytics and certain Google advertising services ("Google Analytics advertising functions"). If you use Google Analytics advertising functions, this use is subject to the Google Analytics guideline for advertising functions (available at support.google.com/analytics/bin/answer.py?&topic=2611283&answer=2700409). Your access to and use of Google advertising services are subject to the terms of use between you and Google.

If you use the Platform Home, such use is subject to the Platform Home Additional Terms (the "Platform Home Terms") available at https://support.google.com/marketingplatform/answer/9047313 (or any other specified by Google URL) are available and their name and content may be changed from time to time.

As far as your use of the service is included, the Google order data processing conditions for advertising products available at https://privacy.google.com/businesses/processorterms (the "data processing conditions") apply. Google will not change the data processing conditions unless this is expressly permitted in the data processing conditions.

8. Release from Liability

You undertake to indemnify Google, its vicarious agents, its representatives, affiliated companies, its directors, its officers, its employees and its shareholders for any loss, for any liability and / or for all costs arising from the fact that (i ) You violate applicable laws, standards or other regulations in connection with the use of the service; (ii) any third party to whom you grant access to your account or the reporting functions of the software violates the provisions of this Agreement; (iii) as well as any claim made by such third party against Google in connection with the granting of access to the account or service.

9. Use of the Service by Third Parties

9.1 In each case in which you allow a third party access to your account or part thereof or use the data collection service on behalf of a third party, regardless of whether you are authorized to do so by Google or its affiliates, the terms of the clause apply 8. 9.2 If you use the service in the name or on behalf of a third party, you warrant that (a) you are fully authorized to act in the name of or on behalf of the third party and effectively bind the third party to this agreement; and (b) that in the relationship between you and this third party, the third party has all rights to the customer data or all claims to the customer data in the relevant accounts. 9.3 Without prejudice to Clause 9.2, you must ensure that any third party complies with the terms of this Agreement as if they were themselves a party to the agreement. Any information from a third party that is regarded as confidential information must be treated as confidential by you and must not be disclosed to third parties. Without restricting the foregoing, you are prohibited from disclosing customer data belonging to a third party on whose behalf or on behalf of which you are acting without the prior written consent of that third party.

10. SERVICE AND SERVICE IMPROVEMENTS

10.1 Google is entitled to improve and / or change the service and / or the software at any time and without notice, provided that these improvements and / or changes are reasonable for you. 10.2 The service, software and reports are provided "as is" and Google does not provide any warranty for defects. Without limiting the foregoing, Google does not guarantee that (i) the use of the service or the software will meet your needs or that it will be uninterrupted, secure and error-free; (ii) that bugs are corrected; (iii) that the service, the software or any other software on the server is free of viruses or other harmful components or (iv) that the use of the service and other information provided within the scope of the service (including the reports) is correct, exactly, in time or in another form reliably possible. No further agreements, warranties or other conditions, including any implied conditions relating to satisfactory quality and fitness for a particular purpose or conformity with particular descriptions, apply to the service, unless this agreement expressly provides otherwise.

11. LIMITATION OF LIABILITY

11.1 Google is fully liable for damage (a) from injury to life, limb or health culpably caused by Google, its legal representative or vicarious agent, (b) that of Google, its legal representative or vicarious agent intentionally or through gross Negligence, (c) caused by the lack of a guaranteed quality or (d) in the case of fraudulent misrepresentation. 11.2 In the event of a slightly negligent breach of essential contractual obligations that were culpably caused by Google, its legal representative or vicarious agent, Google is liable (except in the cases of clauses 11.1 and 11.3) limited to the amount of foreseeable damage typical for the contract. Essential contractual obligations are those obligations, the fulfillment of which enables the proper execution of a contract in the first place and on whose compliance the contracting parties can regularly rely. 11.3 Liability under the Product Liability Act remains unaffected. 11.4 Otherwise, Google's liability is excluded.

12. Notice of Legal Ownership

12.1 Google retains all rights and legal positions, including, but not limited to, all industrial property rights and copyrights in the service, software and documentation (and all modifications, redesigns or extensions thereof). All rights in and in connection with the service, software and documentation not expressly granted to you in this agreement remain with Google and its licensors and are hereby expressly reserved by Google and its licensors. 12th

13. Term and Termination

13.1 This Agreement shall come into effect on the day you accept these Terms and Conditions as described in the introduction and shall remain in effect until either party terminates the Agreement for any reason and at any time with seven (7) days' notice. The right of both parties to terminate the agreement for an important reason without observing a notice period remains unaffected. 13th

14. Changes to Terms

Google reserves the right to change the terms and conditions of this agreement (or the guidelines referred to in this agreement that affect the service) at any time by submitting the new agreement at least 14 days in advance to https: // www. google.com/analytics/terms/ and new guidelines at www.google.com/analytics/policies/ (or any other URL that Google names below for these purposes) and you can be informed about the new terms and conditions and / or guidelines in A knowledge of the changes will be made, provided that the changes are reasonable for you, taking Google's interests into account. If you continue to use the service after you have been informed, this is deemed to be a declaration of acceptance of the changes, unless you have expressly agreed to the changes within a reasonable period set by Google and provided that Google specifically points out the intended significance of the continued use indicates. This clause 14 does not apply if the changes affect the regulations for order data processing.

15. Miscellaneous, applicable law and place of jurisdiction

This agreement contains all agreements between the parties with regard to the subject matter of the contract and replaces all previous contracts or agreements of any kind between the parties with regard to the subject matter of the contract. The non-assertion or late assertion of a right or a legal remedy under this agreement does not constitute a waiver of the legal or legal remedy and no waiver of any other rights or legal remedies; the individual or partial exercise of any right or legal remedy under this agreement does not prevent the further exercise of rights or legal remedies under this agreement. The rights and remedies provided in this Agreement can be exercised cumulatively and do not exclude statutory rights and remedies. You may only assign your rights and obligations under this Agreement in whole or in part to third parties or otherwise transfer them with the prior written consent of Google; Google may not withhold or delay written consent without a justifiable reason. Google is entitled, at its own discretion, to involve third parties in the provision of services or to transfer rights and obligations from this contract in whole or in part to third parties. This agreement is intended to benefit the legal successors or assignees of the parties and be binding on them. The following contractual clauses of this agreement shall survive the termination of the agreement: 3, 4.2, 5, 6, 7, 8 and clauses 10 to 15 inclusive. This agreement does not establish a company, joint venture or any other joint or similar enterprise of any kind between the parties. This agreement does not give rise to any right of the parties to legally represent the other party. Neither party is authorized to contractually bind the other party or to create obligations towards the other party in any way or for any purpose. All notifications and other declarations under this agreement must be sent by post, airmail or courier to the Legal Department at the address Google, Belgrave House, 76 Buckingham Palace Road, London SW1W 9TQ and are considered effective upon receipt. Advertisements and other statements by Google to you can be sent by electronic mail (e-mail) to the e-mail addresses you have provided. With regard to all legal relationships from this agreement, the parties agree to the application of the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG); Insofar as this is legally permissible, the parties further agree that the District Court of Hamburg is exclusively responsible for all disputes arising from and in connection with this agreement.

16. Google Analytics for Firebase

If you link a property to Firebase when using the service ("Firebase Link"), the following conditions apply to you in addition to the previous sections 1 to 15 and regulate your use of the service and the Firebase link. Except for the changes noted below, all terms and conditions remain unchanged and continue to apply. In the event of a conflict between this clause 16 and clauses 1 through 15, the provision in clause 16 only applies to the use of the Firebase link.

  1. The following definition in Clause 1 changes as follows:
    1. "Hit" means a capture of interactions that results in data being sent to and processed by the service. There are, among other things, pageview and e-commerce hits. A hit can - but does not have to - be a call to the service by different libraries. Other protocols and mechanisms that are supported by Google Analytics and that are provided as part of the service can also be sent to the service as hits. To better understand, a hit does not include specific events that are captured and reflect interactions with specific properties that support multiple data streams and can include screen views and custom events (the capture of events, an "extended package").
  2. At the end of Clause 7, the following sentence is added:
    1. When you link a property to a Firebase project ("Firebase Link"), (i) depending on the authorizations set in Firebase, certain data from your property (including customer data) may be accessible within the company or for other companies or employees and (ii) in this property certain service settings can be accessed by authorized Firebase employees have been changed (regardless of the settings you have made for this property within the service).

Last updated March 31, 2021

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