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ALL CONTRACTS

 * Acceptable Use Policy
 * Branch SaaS Terms & Conditions
 * California Privacy Addendum
 * CCPA Resources
 * Data Subject Rights - CCPA
 * Data Subject Rights - EU
 * Data Subject Rights - LGPD
 * Modern Slavery and Human Trafficking Statement
 * 
 * Onboarding Services SOW
 * Privacy Opt-Out
 * Privacy Policy
 * 
 * Professional Services Terms & Conditions
 * Reseller Customer Terms & Conditions
 * SaaS Branch App DPA
 * Service Level Addendum
 * Supplier Code of Conduct
 * Technical Audit Services SOW
 * Third Party List


ACCEPTABLE USE POLICY

Version Version 3.0  (Current) Version 2.1 Version 2.0 Version 1.0

EFFECTIVE JANUARY 1, 2023

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DEEP LINKING AND ATTRIBUTION ANALYTICS SERVICES
ACCEPTABLE USE POLICY

Last updated June 10, 2022

This Acceptable Use Policy (“AUP”) sets forth certain restrictions on Your
access and use of Branch Metrics, Inc.’s and its affiliates’ (collectively,
“Branch” or “Us”) deep linking and attribution analytics services (collectively,
the “Services”). This AUP is incorporated by reference into Branch’s Terms and
Conditions, or instead, where there is a service agreement in place between You
(“You”, “Your”, or “Customer”) and Branch Metrics, Inc. (“Agreement”). The
restrictions set forth in this AUP are not exhaustive.
Applicability. This Branch AUP applies to all Branch Customers, as well as all
Authorized Users You provide access to the Services to on Your behalf. A breach
of this AUP by You or any Authorized Users is considered a breach of the
Agreement between You and Branch.
Definitions. The capitalized terms that are not defined in this AUP will have
the meanings assigned to them in the Agreement.
Prohibited Actions. You will not use Branch’s Services to do any of the
following:
 1. collect, transmit or store any information or content that that is illegal,
    harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
    obscene, libelous, invasive of another's privacy, hateful, or racially,
    ethnically based or otherwise poses a threat to the public;
 2. collect, transmit or store any unsolicited or unauthorized advertising,
    promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid
    schemes,” or any other forms of unauthorized solicitation;
 3. collect, transmit, or store any sensitive information such as end user
    account passwords, financial information (e.g. bank account numbers,
    credit/debit card information, or any information regulated under the
    Gramm–Leach–Bliley Act), personal health information (including information
    regulated under the Health Insurance Portability and Accountability Act),
    government identifiers (e.g. driver’s license, passport, national ID, social
    security, TIN or EIN numbers), or other information considered sensitive
    under applicable law such as biometric or genetic data, information about
    one’s religious beliefs, race, sex life or orientation; or
 4. create lists or segments of children under the age of 13, (and in certain
    jurisdictions under the age of 16), advertise mobile applications or
    websites that are directed to children under 13, (and in certain
    jurisdictions under 16), and/or knowingly market products or services to
    children under the age of 13 (and in certain jurisdictions under the age of
    16), without employing appropriate SDK Privacy Controls settings documented
    at https://help.branch.io/developers-hub/docs/sdk-privacy-controls within
    the Services to limit data collection for children under 13 (and in certain
    jurisdictions under 16), in order to comply with any applicable laws
    protecting children (including, but not limited to, GDPR and COPPA)

Intellectual Property Restrictions. You shall not attempt to reverse engineer,
disassemble, copy or decompile the Services in any way. You shall also refrain
from infringing any patent, trademark, trade secret, copyright, or other right
of any party (including, but not limited to the Digital Millennium Copyright Act
of 1998 ("DMCA") in Your use of the Services. Branch reserves the right to take
any and all actions it deems necessary to mitigate and discontinue any suspected
or actual infringement of the foregoing.
Service Integrity Restrictions. You shall not attempt to perform any penetration
testing, security vulnerability testing or other scans or tests to exploit the
Services or attempt to bypass the Service’s security mechanisms or filtering
capabilities. Additionally, You shall not attempt to perform any denial of
service (DoS) attack on the Services or any other conduct that attempts to
disrupt, disable, or overload the Services.

EFFECTIVE OCTOBER 11, 2022  TO  JANUARY 1, 2023

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DEEP LINKING AND ATTRIBUTION ANALYTICS SERVICES


ACCEPTABLE USE POLICY



Last updated June 10, 2022
This Acceptable Use Policy (“AUP”) sets forth certain restrictions on Your
access and use of Branch Metrics, Inc.’s and its affiliates’ (collectively,
“Branch” or “Us”) deep linking and attribution analytics services (collectively,
the “Services”). This AUP is incorporated by reference into Branch’s Terms and
Conditions, or instead, where there is a service agreement in place between You
(“You”, “Your”, or “Customer”) and Branch Metrics, Inc. (“Agreement”). The
restrictions set forth in this AUP are not exhaustive.
Applicability. This Branch AUP applies to all Branch Customers, as well as all
Authorized Users You provide access to the Services to on Your behalf. A breach
of this AUP by You or any Authorized Users is considered a breach of the
Agreement between You and Branch.
Definitions. The capitalized terms that are not defined in this AUP will have
the meanings assigned to them in the Agreement.
Prohibited Actions. You will not use Branch’s Services to do any of the
following:
 1. collect, transmit or store any information or content that that is illegal,
    harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
    obscene, libelous, invasive of another's privacy, hateful, or racially,
    ethnically based or otherwise poses a threat to the public;
 2. collect, transmit or store any unsolicited or unauthorized advertising,
    promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid
    schemes,” or any other forms of unauthorized solicitation;
 3. collect, transmit, or store any sensitive information such as end user
    account passwords, financial information (e.g. bank account numbers,
    credit/debit card information, or any information regulated under the
    Gramm–Leach–Bliley Act), personal health information (including information
    regulated under the Health Insurance Portability and Accountability Act),
    government identifiers (e.g. driver’s license, passport, national ID, social
    security, TIN or EIN numbers), or other information considered sensitive
    under applicable law such as biometric or genetic data, information about
    one’s religious beliefs, race, sex life or orientation; or
 4. create lists or segments of children under the age of 13, (and in certain
    jurisdictions under the age of 16), advertise mobile applications or
    websites that are directed to children under 13, (and in certain
    jurisdictions under 16), and/or knowingly market products or services to
    children under the age of 13 (and in certain jurisdictions under the age of
    16), without employing appropriate SDK Privacy Controls settings documented
    at https://help.branch.io/developers-hub/docs/sdk-privacy-controls within
    the Services to limit data collection for children under 13 (and in certain
    jurisdictions under 16), in order to comply with any applicable laws
    protecting children (including, but not limited to, GDPR and COPPA)

Intellectual Property Restrictions. You shall not attempt to reverse engineer,
disassemble, copy or decompile the Services in any way. You shall also refrain
from infringing any patent, trademark, trade secret, copyright, or other right
of any party (including, but not limited to the Digital Millennium Copyright Act
of 1998 ("DMCA") in Your use of the Services. Branch reserves the right to take
any and all actions it deems necessary to mitigate and discontinue any suspected
or actual infringement of the foregoing.
Service Integrity Restrictions. You shall not attempt to perform any penetration
testing, security vulnerability testing or other scans or tests to exploit the
Services or attempt to bypass the Service’s security mechanisms or filtering
capabilities. Additionally, You shall not attempt to perform any denial of
service (DoS) attack on the Services or any other conduct that attempts to
disrupt, disable, or overload the Services.

EFFECTIVE JULY 1, 2022  TO  OCTOBER 11, 2022

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TABLE OF CONTENTS

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DEEP LINKING AND ATTRIBUTION ANALYTICS SERVICES


ACCEPTABLE USE POLICY

Last updated June 10, 2022
This Acceptable Use Policy (“AUP”) sets forth certain restrictions on Your
access and use of Branch Metrics, Inc.’s and its affiliates’ (collectively,
“Branch” or “Us”) deep linking and attribution analytics services (collectively,
the “Services”). This AUP is incorporated by reference into Branch’s Terms and
Conditions, or instead, where there is a service agreement in place between You
(“You”, “Your”, or “Customer”) and Branch Metrics, Inc. (“Agreement”). The
restrictions set forth in this AUP are not exhaustive.
Applicability. This Branch AUP applies to all Branch Customers, as well as all
Authorized Users You provide access to the Services to on Your behalf. A breach
of this AUP by You or any Authorized Users is considered a breach of the
Agreement between You and Branch.
Definitions. The capitalized terms that are not defined in this AUP will have
the meanings assigned to them in the Agreement.
Prohibited Actions. You will not use Branch’s Services to do any of the
following:
 1. collect, transmit or store any information or content that that is illegal,
    harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
    obscene, libelous, invasive of another's privacy, hateful, or racially,
    ethnically based or otherwise poses a threat to the public;
 2. collect, transmit or store any unsolicited or unauthorized advertising,
    promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid
    schemes,” or any other forms of unauthorized solicitation;
 3. collect, transmit, or store any sensitive information such as end user
    account passwords, financial information (e.g. bank account numbers,
    credit/debit card information, or any information regulated under the
    Gramm–Leach–Bliley Act), personal health information (including information
    regulated under the Health Insurance Portability and Accountability Act),
    government identifiers (e.g. driver’s license, passport, national ID, social
    security, TIN or EIN numbers), or other information considered sensitive
    under applicable law such as biometric or genetic data, information about
    one’s religious beliefs, race, sex life or orientation; or
 4. create lists or segments of children under the age of 13, (and in certain
    jurisdictions under the age of 16), advertise mobile applications or
    websites that are directed to children under 13, (and in certain
    jurisdictions under 16), and/or knowingly market products or services to
    children under the age of 13 (and in certain jurisdictions under the age of
    16), without employing appropriate SDK Privacy Controls settings documented
    at https://help.branch.io/developers-hub/docs/sdk-privacy-controls within
    the Services to limit data collection for children under 13 (and in certain
    jurisdictions under 16), in order to comply with any applicable laws
    protecting children (including, but not limited to, GDPR and COPPA)

Intellectual Property Restrictions. You shall not attempt to reverse engineer,
disassemble, copy or decompile the Services in any way. You shall also refrain
from infringing any patent, trademark, trade secret, copyright, or other right
of any party (including, but not limited to the Digital Millennium Copyright Act
of 1998 ("DMCA") in Your use of the Services. Branch reserves the right to take
any and all actions it deems necessary to mitigate and discontinue any suspected
or actual infringement of the foregoing.
Service Integrity Restrictions. You shall not attempt to perform any penetration
testing, security vulnerability testing or other scans or tests to exploit the
Services or attempt to bypass the Service’s security mechanisms or filtering
capabilities. Additionally, You shall not attempt to perform any denial of
service (DoS) attack on the Services or any other conduct that attempts to
disrupt, disable, or overload the Services.

EFFECTIVE JUNE 1, 2022  TO  JULY 1, 2022

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Deep Linking And Attribution Analytics Services
Acceptable Use Policy
Last updated March 26th, 2020
This Acceptable Use Policy (“AUP”) sets forth certain restrictions on Your
access and use of Branch Metrics, Inc.’s and its affiliates’ (collectively,
“Branch” or “Us”) deep linking and attribution analytics services (collectively,
the “Services”). This AUP is incorporated by reference into Branch’s Terms and
Conditions, or instead, where there is a service agreement in place between You
(“You”, “Your”, or “Customer”) and Branch Metrics, Inc. (“Agreement”). The
restrictions set forth in this AUP are not exhaustive.
Definitions. The capitalized terms that are not defined in this AUP will have
the meanings assigned to them in the Agreement.
Prohibited Actions. You will not use Branch’s Services to do any of the
following:
 1.  upload, post, email, or otherwise transmit any information that contains
     anything unlawful, harmful, threatening, abusive, harassing, tortious,
     defamatory, vulgar, obscene, libelous, invasive of another's privacy,
     hateful, or racially, ethnically or otherwise objectionable;
 2.  harm Us or third parties in any way;
 3.  impersonate any person or entity, or otherwise misrepresent Customer’s
     affiliation with a person or entity;
 4.  upload, post, email, or otherwise transmit any information that Customer
     does not have a right to transmit under any law or under contractual or
     fiduciary relationships (such as inside information, proprietary and
     confidential information learned or disclosed as part of employment
     relationships or under nondisclosure agreements);
 5.  upload, post, email or otherwise transmit any information that infringes
     any patent, trademark, trade secret, copyright, or other right of any
     party;
 6.  upload, post, email, or otherwise transmit any unsolicited or unauthorized
     advertising, promotional materials, “junk mail,” “spam,” “chain letters,”
     “pyramid schemes,” or any other forms of unauthorized solicitation;
 7.  upload, post, email, or otherwise transmit any material that contains
     software viruses or any other computer code, files, or programs designed to
     interrupt, destroy, or limit the functionality of any computer software or
     hardware or telecommunications equipment;
 8.  upload, post, email, enable the Services to collect, or otherwise transmit
     any sensitive information such as end user account passwords, financial
     information (e.g. bank account numbers, credit/debit card information, or
     any information regulated under the Gramm–Leach–Bliley Act), personal
     health information (including information regulated under the Health
     Insurance Portability and Accountability Act), government identifiers (e.g.
     driver’s license, passport, national ID, social security, TIN or EIN
     numbers), or other information considered sensitive under applicable law
     such as biometric or genetic data, information about one’s religious
     beliefs, race, sex life or orientation;
 9.  create lists or segments of children under the age of 13, (and in certain
     jurisdictions under the age of 16), advertise mobile applications or
     websites that are directed to children under 13, (and in certain
     jurisdictions under 16), and/or knowingly market products or services to
     children under the age of 13 (and in certain jurisdictions under the age of
     16), without employing appropriate SDK Privacy Controls settings documented
     at https://help.branch.io/developers-hub/docs/sdk-privacy-controls within
     the Services to limit data collection for children under 13 (and in certain
     jurisdictions under 16), in order to comply with any applicable laws
     protecting children (including, but not limited to, GDPR and COPPA);
 10. interfere with or disrupt the Services or servers or networks connected to
     the Services, or disobey any requirements, procedures, policies or
     regulations of networks connected to the Services;
 11. intentionally or unintentionally violate any applicable local, state,
     national or international law or regulation;
 12. reverse engineer or otherwise attempt to discover the underlying code of
     the Services;
 13. “stalk” or otherwise harass another; or
 14. permit any third party which pools or aggregates data across its customers
     to use the data provided to Customer through the Services for its own
     benefit or use.





BRANCH SAAS TERMS & CONDITIONS

Version Version 5.0  (Current) Version 4.0 Version 3.0 Version 2.1 Version 2.0
Version 1.0

EFFECTIVE JUNE 22, 2023

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BRANCH SAAS TERMS & CONDITIONS

1. Introduction
1.1 These Terms & Conditions ("Terms") are entered into by and between of Branch
Metrics, Inc., a Delaware corporation d/b/a Branch Metrics ("Branch," "Branch
Metrics," "we," or "us") and the entity or person accessing this website
("Website") or placing an order for or accessing any Services made available by
Branch Metrics (“Customer” or “you” or “your”). “Services" means the products
and services that are made available online by Branch under these Terms, the
“Beta Services”, as defined in these Terms, other services or products that
Branch may make available from time to time, including associated Branch offline
or mobile components. Services exclude (i) Web-based, mobile, offline or other
software application functionality that interoperates with a Service, that is
provided by Customer or a third party, and (ii) Third-Party Content, as defined
in these Terms.
1.2 By accepting this Agreement, either by accessing or using the Services, or
authorizing or permitting any Agent or end user of your Digital Properties (as
defined below) to access or use the Services, you agree to be legally bound by,
and use Branch’s Services in compliance with, all terms, conditions, and notices
in this Agreement as of the date of such access or use of the Services. If you
are entering into this Agreement on behalf of a company, organization or another
legal entity (an “Entity”), you are agreeing to this Agreement for that Entity
and representing to Branch that you have the authority to bind such Entity and
its Affiliates (as defined below) to this Agreement, in which case the terms
“Customer,” “you,” or “your” herein refers to such Entity and its Affiliates. If
you do not have such authority, or if you do not agree with this Agreement, you
must not use or authorize any use of the Services. Customer and Branch shall
each be referred to as a “Party” and collectively referred to as the “Parties”
for purposes of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS,
DO NOT USE ANY SERVICES.
2. Definitions
"Affiliate" means any entity that directly or indirectly controls, is controlled
by, or is under common control with the subject entity. “Control,” for purposes
of this definition, means direct or indirect ownership or control of more than
50% of the voting interests of the subject entity.


"Agreement" means these Terms together with any applicable Order Forms, and any
exhibits, appendices, schedules, or attachments identified or referenced in
these Terms, and any amendments mutually agreed to by the Parties (all of which
are incorporated herein by reference).


"Beta Services" means Branch’s services or functionality that are not generally
available to customers and that may be made available to you to try at your
option which are designated as beta, pilot, limited release, developer preview,
non-production, evaluation, or other services or functionality with a similar
description.


“Collection Technologies” means any tags, SDKs, APIs, JavaScript, pixels,
attribution or redirect links, cookies or other technology used or made
available by Branch to Customer to support the provision of the Services by
Branch, including any updates thereto.


“Digital Properties” means your mobile applications, websites and program code
created by or for you that use the Services or for use by you with the Services.


"Documentation" means the applicable Service’s documentation and usage
guidelines at https://docs.branch.io/, or its successor URL.


"Order Form" means an ordering document or online order specifying the Services
to be provided hereunder that is entered into between Customer and Branch or any
Affiliates of the Parties, including any addenda and supplements thereto. By
entering into an Order Form hereunder, an Affiliate agrees to be bound by the
terms of the Agreement as if it were an original party hereto.


“Services" means the products and services that are made available online by
Branch under these Terms, the Beta Services, and other services or products that
Branch may make available from time to time, including associated Branch offline
or mobile components. Services exclude (i) Web-based, mobile, offline or other
software application functionality that interoperates with a Service, that is
provided by Customer or a third party, and (ii) Third-Party Content, as defined
in these Terms.
3. SERVICE ACCESS AND AVAILABILITY
Branch will make the Services available to Customer solely for Customer’s
internal business needs pursuant to the terms of the Agreement and the
applicable Documentation. Customer acknowledges and agrees that it is solely
responsible for its integration and launch of the Services. Branch shall: (a)
use commercially reasonable efforts to make the online Services available 24
hours a day, 7 days a week, except for: (i) planned maintenance, (ii) emergency
maintenance that is reasonably unforeseeable and necessary for purposes of
maintaining the integrity or operation of the Services, and (iii) any
unavailability caused by a Force Majeure Event, and (b) provide the Services in
accordance with the laws and regulations applicable to Branch’s provision of its
Services to its customers generally (i.e., without regard for Customer’s
particular use of the Services), and subject to Customer’s use of the Services
in accordance with the Agreement and the Documentation. Your right to access and
use the Services is limited by all the terms set forth in the Agreement.
4. USE RESTRICTIONS; UPDATES & SUPPORT
4.1 Use Restrictions. You must comply with all applicable laws when
implementing, configuring, and using the Services and, except as expressly
permitted under these Terms, you will not directly or indirectly: (a) make the
functionality of the Services available to any third party through any means,
including, without limitation, any hosting, application services provider,
service bureau, or other type of service; (b) use any automated tool (e.g.,
robots, spiders) to access or use the Services; (c) extend, sell, distribute
rent, lease, sublicense, or otherwise provide access to the Services to another
person; (d) circumvent or disable any digital rights management, usage rules,
permissions, or other security features of the Services or attempt to gain
unauthorized access to the Services or Branch’s related systems or networks; (e)
use the Services in a manner that overburdens, or that threatens the integrity,
performance, or availability of, the Services; (f) frame or mirror any part of
the Services, other than on Customer’s own internal and non-public intranets for
its own internal business purposes, unless otherwise permitted in the
Documentation; (g) remove, alter, or obscure any proprietary notices (including
copyright and trademark notices) on any portion of the Services; (h) send
material containing software viruses, worms, trojan horses, or other harmful
computer code, files, scripts, agents, or programs; (i) use Branch’s Services in
violation of Branch’s Acceptable Use Policy available at
https://legal.branch.io/#branchio-aup, or its successor URL; or (j) use the
Services in connection with any Apps or websites that are directed to children
under 13 (and in certain jurisdictions under the age of 16), without employing
appropriate settings within the Collection Technologies to limit data collection
from such children in accordance with applicable law. More information on these
settings is available here. If you have questions about how to use these
settings or have any reason to believe that these resources may not address your
particular use case, please reach out to the Branch Support team via the “Submit
a Ticket” function at http://help.branch.io/, or its successor URL.
Notwithstanding anything to the contrary in the Agreement, use of the Services
in violation of the foregoing restrictions by Customer that, in Branch’s
judgment, threatens the integrity, performance, availability, or security of the
Services may result in Branch’s immediate suspension of, or limitation in
Customer’s access to, the Services.


4.2 Updates and Support. Branch will maintain, support, update, and provide
error corrections for the Services to the same extent it does so for its
customers generally. If Branch provides you with an update or maintenance
release for the offline components of the Branch Services, unless you receive a
separate license from Branch for that update or release that expressly
supersedes these Terms, such update or release will be subject to these Terms.
Branch shall have no liability for any damages that may result from Customer’s
failure to implement upgrades or updates to the Services provided that Customer
is notified in writing by Branch of such upgrade or update. All support requests
must be sent to the Branch Support team via the “Submit a Ticket” function at
http://help.branch.io/, or its successor URL.
5. BETA SERVICES
From time to time, Branch may invite you to try Beta Services. You may accept or
decline any such trial in your sole discretion. Beta Services are for evaluation
purposes only and not for production use, are not subject to any service level
agreements (SLAs) agreed to between you and Branch and may be subject to
additional terms. Branch is under no obligation to maintain, support, update, or
provide error corrections for the Beta Services. Branch may discontinue Beta
Services at any time in Branch’s sole discretion and reserves the right to never
make them generally available. BRANCH WILL HAVE NO LIABILITY FOR ANY HARM OR
DAMAGE ARISING OUT OF, OR IN CONNECTION WITH, CUSTOMER’S USE OF A BETA SERVICE.
THE BETA SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE AND ARE EXCLUSIVE OF ANY
WARRANTY WHATSOEVER. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE BETA
SERVICES, BRANCH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF
TRADE. In the event of a conflict or inconsistency between this section and any
other provision of the Agreement, the terms of this section “BETA SERVICES”
shall control and prevail with respect to Beta Services.
6. PAYMENT TERMS
6.1 Fees. You will pay Branch all fees specified in an Order Form or, if there
is no Order Form executed by the Parties, then you will pay the fees set forth
at the applicable rates available at https://branch.io/pricing/, or its
successor URL (“Fees”). You are responsible for all undisputed Fees, including
Fees that remain due and payable after expiration or termination of the
Agreement, or any portion thereof. Except as otherwise expressly set forth
herein or where expressly set forth in an applicable Order Form, (i) payment
obligations are non-cancelable, Fees are non-refundable, and failure to use the
Services provisioned does not constitute a basis for refusing to pay Fees, and
(ii) Services purchased cannot be decreased during the service period for which
they were purchased.


6.2 Payments & Invoicing. To the extent you procure the Services with an
applicable Order Form, invoices for the applicable Fees shall be sent to you via
email to the email address(es) you designate in your account when signing up for
Services, and you shall pay the Fees due upon receipt of such invoice. To the
extent you procure the Services under an applicable Order Form, any relevant
paid service-specific terms including, for example, contract duration, monthly
fees, billing frequency, payment forms, and payment term will be addressed
within an associated Order Form. All Fees set forth in an applicable Order Form
shall be invoiced in advance in accordance with the billing frequency stated
therein. Fees are payable in United States dollars. You shall be responsible for
the payment of any fees associated with an electronic funds transfer (i.e., ACH,
wire transfer) when issuing payment to Branch, which includes fees from your
financial institution and intermediary banks. You are responsible for providing
complete and accurate billing and contact information to Branch and notifying
Branch of any changes to such information. In certain instances where your
payment method is via credit card, the issuer of the credit card may charge a
transaction fee or related charges, which you will be responsible to pay.


6.3 Payment by Credit Card. In certain instances where your payment method is
via credit card, the issuer of the credit card may charge a transaction fee or
related charges, which you will be responsible to pay. Fees will be billed to
the credit card nominated by you and you authorize the card issuer to pay all
such amounts and authorize Branch (or its billing agent) to charge the credit
card account until you or Branch cancels or terminates the Services as set forth
herein; provided that if payment is not received from the credit card issuer,
the transaction is returned after the payment has been settled, otherwise known
as chargeback, or if there are insufficient funds in the case of check or debit
card payments, you agree to pay all amounts plus any applicable transaction fees
(e.g., NSF fees, chargeback fees) due upon demand.


6.4 Payment Disputes. If you have concerns about any charges on your invoice,
you agree to the following dispute resolution process: (i) all billing disputes
must be submitted in writing to billing@branch.io, (ii) billing disputes must be
submitted within 90 days of the date the invoice was generated, and (iii)
undisputed amounts will be subject to the Agreement and total payment for
undisputed invoices or amounts must be submitted when due.


6.5 Suspension or Cancellation of Service; Payment Acceleration. Without
derogating from any other remedies available to Branch under the Agreement or by
applicable law, if you owe any undisputed Fees thirty (30) days or more past due
in connection with any Services provided by Branch under any applicable Order
Form, then, without affecting any of your payment obligations under the
Agreement (including, any payment obligations under an Order Form), Branch is
entitled to take further action including but not limited to accelerating your
unpaid fee obligations under such agreement so that all such obligations become
immediately due and payable, and suspending and/or canceling your access to the
Services until such amounts are paid in full. Branch reserves the right to send
your account to a collections agency for nonpayment (which may, in turn, report
the uncollected debt to credit bureaus) and to use your contact information for
debt collection purposes if the Agreement is terminated for non-payment as set
forth herein following a 10-day cure period.


6.6 Taxes. Branch’s Fees do not include any local, state, or federal sales, use,
excise, personal property, VAT, or other similar taxes, duties, levies, tariffs,
and other governmental charges (including, without limitation, any withholding
tax, and any such taxes, to the extent legally applicable, which shall be borne
and paid by Customer) (collectively, "Taxes"). If Branch has the legal
obligation to pay or collect Taxes for which you are responsible under this
section, Branch will invoice you and you will pay that amount unless you provide
Branch with a valid tax exemption certificate authorized by the appropriate
taxing authority. For clarity, you are responsible for payment of all Taxes
resulting from any Fees payable hereunder, other than any taxes based on
Branch’s net income, property, and employees.


6.7 Withholding Taxes. In the event Fees payable by you to Branch under the
Agreement are subject to any applicable withholding tax, goods and services tax,
or similar taxes required by any tax authority and you are required by
applicable law to remit such withholding tax, you: (a) may withhold and deduct
from any payments to Branch under the Agreement an amount equivalent to any
applicable withholding tax to the extent required by applicable law
("Withholding Tax"), (b) will pay to the relevant taxation authority the amount
of such applicable withholdings in accordance with applicable law; and (c) will
pay to Branch the applicable amounts under this Agreement net of such
Withholding Tax. You shall be discharged from the obligation to pay Withholding
Tax amounts to Branch provided that (1) you have remitted such amount to the
relevant taxation authority and (2) you furnish Branch with (i) your tax
registration certificate(s) as proof of registration with the applicable
taxation authority, and (ii) any and all relevant tax forms and/or statements
with proof of Withholding Tax remittance amount to the taxation authority, the
applicable rate, and other information which may reasonably be requested for the
purpose of assisting Branch to seek any allowable credits or deductions for the
Withholding Tax so withheld in each jurisdiction where you are subject to tax.


6.8 Overdue Charges. If any invoiced amount is not received by Branch by the due
date set forth in the applicable invoice, then without limiting Branch’s rights
or remedies, (a) those charges may accrue late interest at the rate of 2.5% of
the outstanding balance per month, and (b) Branch may condition future Order
Form renewals on payment terms shorter than those specified in the applicable
Order Form. You are prohibited from creating new accounts until the Fees due are
paid in full.


6.9 Term for Paid Services. Except as expressly set forth herein, the terms set
forth in these Terms shall be in force for as long as an Order Form referencing
the Agreement is in effect. Except as otherwise agreed to by you and Branch in a
superseding Order Form, at the end of an applicable term, your access to the
Services will automatically renew under the same Order Form terms (contract
duration, billing frequency, payment period, etc.), unless and until your access
to the Services is terminated in accordance with this section or either Party to
these Terms provides the other with notice of non-renewal (email sufficient; if
to Branch, please email billing@branch.io) at least thirty (30) days prior to
the commencement of any renewal period.
7. TERMINATION
7.1 Termination by Branch. Branch may terminate this Agreement (including all
Order Form(s) and Services that are in effect) in the event Customer commits a
material breach of this Agreement and fails to remedy such breach within thirty
(30) days of the date of written notice of such breach. For the avoidance of
doubt, a breach of the Branch Acceptable Use Policy will be considered a
material breach of this Agreement. Termination by Branch for material breach of
these Terms will be effective as of the last day of the 30-day cure period
provided herein or immediately to the extent such violation reasonably cannot be
cured. If Branch terminates this Agreement for material breach, then all of
Customer’s outstanding balances and any other unpaid payment obligations will
become immediately due and payable by Customer in full. Except as otherwise
expressly agreed to by you and Branch in a superseding Order Form, Branch
reserves the right to suspend or discontinue, temporarily or permanently, all or
any portion of the Services upon at least thirty (30) days’ written notice
(email sufficient), provided that Branch will promptly provide a pro-rated
refund of all pre-paid and unearned amounts based on the period of suspension or
the date of discontinuance, as applicable, and Branch will have no further
obligations or liability to you or any third-party as a result of such
suspension or discontinuance. Except where there are any Order Form(s) in
effect, Branch may terminate your use of the Services without prior notice for
any reason at any time by providing you with written notice.


7.2 Termination by Customer. Except where you have agreed to be bound for a
defined service period in any applicable Order Form, you may terminate your
access to and use of the Services at any time by providing written notice to
Branch via the “Submit a Ticket” function at http://help.branch.io/, or its
successor URL). Such termination will be effective as of the last day of the
calendar month in which your termination notice is received by Branch. In the
event of termination by you in accordance with this Section 7.2, all outstanding
balances and any other unpaid payment obligations will become immediately due
and payable by Customer in full.
8. SURVIVAL
Upon termination of the Agreement, those sections of these Terms that by their
nature would reasonably be expected to survive will survive termination or
expiration of these Terms, including but not limited to the sections on
Termination, Privacy Policy & Data Rights, Confidential Information, Proprietary
Rights, Limitation of Liability, and Legal Notices.
9. PRIVACY POLICY & DATA RIGHTS
9.1 Privacy Policy. (a) You acknowledge and agree that you will provide a
privacy policy to your end users, which shall be in compliance with applicable
laws and regulations and shall include, at minimum, the following: (i) clear,
meaningful, and conspicuous notice of your privacy practices consistent with
applicable laws, (ii) disclosures regarding your use of cookies (including
third-party cookies placed on your Digital Properties) and/or targeting and
online behavioral advertising; (iii) your data collection, use and disclosure
practices; and (iv) information regarding how end users may opt out from
receiving targeted advertisements by visiting the NAI website opt-out page here:
http://www.networkadvertising.org/choices/, the DAA opt-out page here:
http://www.aboutads.info/, and/or the EDAA opt-out page here:
http://www.youronlinechoices.eu/. Branch’s Privacy Policy does not cover your
Digital Properties, or the use of your Digital Properties, by your end users. It
is your obligation to provide your own privacy policy to your end users. You
acknowledge that Branch has no direct relationship or interface with your end
users and that Branch’s ability to comply with certain applicable data
protection and privacy laws is dependent on your compliance with the terms of
this section of the Terms. (b) If you use Branch’s Engagement Builder feature,
you agree to respect opt-out flags passed by Branch to you if you use Engagement
Builder data for targeted advertisements. You acknowledge and agree that your
use of the Services is subject to Branch’s Privacy Policy, located at
https://legal.branch.io/#branchio-privacypolicy, or its successor URL. (c) Where
applicable in your use of the Services, you also agree to incorporate and adhere
to the best practices and guidelines of the Self-Regulatory Principles of the
Digital Advertising Alliance ("DAA") (http://www.aboutads.info/principles), and
the Principles of the European Interactive Digital Alliance ("EDAA")
(http://www.edaa.eu/european-principles/), as may be updated and amended from
time to time.


9.2 Data Analytics. You acknowledge and agree that Branch may collect and
process data from your Digital Properties as set forth in Branch’s Privacy
Policy with respect to your use of the Services. You grant to Branch a limited,
non-exclusive, non-sublicensable, non-transferable license to use the data
collected through the Services to provide, maintain, optimize, and improve the
Services.


9.3 Data Security. Branch will maintain appropriate technical, administrative,
and physical safeguards designed to protect information on its servers,
including customer data, against unauthorized access, alteration, disclosure, or
destruction. However, you acknowledge and agree that no method of transmission
over the Internet or method of electronic storage is completely secure, and that
Branch cannot guarantee the absolute security of such information.


9.4 Compliance with Applicable Law. You will comply with all laws, rules, and
regulations applicable to your business and operations and to your use of the
Services, including those governing the privacy, security, and trans-border
transfers of personal data (such as, but not limited to, compliance with the
General Data Protection Regulation (EU 2016/679) ("GDPR") and the California
Consumer Privacy Act (“CCPA”)). Where required by applicable law, you shall be
responsible for (a) obtaining consent from end users of your Digital Properties
to (i) to place Collection Technologies (including by Branch) on the browsers or
devices of end users of your Digital Properties, and (ii) collect and use the
data you provide to Branch through the Services and the data that you enable
Branch to collect from end users of your Digital Properties and process on your
behalf, and (iii) t0 direct Branch to share data it processes on your behalf
with any third party; (b) ensuring that you otherwise have any and all rights
required in order to provide such data to Branch or to direct Branch to share it
with any third party; (c) obtaining data properly and in accordance with
applicable law, including, without limitation, the U.S. Children’s Online
Privacy Protection Act (“COPPA”), and the Video Privacy Protection Act (18
U.S.C. § 2710) (“VPPA”); and (d) ensuring you do not provide Branch with any
sensitive information or personally identifiable information through the
Services that is afforded legal protection under applicable regulation or laws
(“PII”). To the extent that any of your users request that you not share their
data with Branch, or to the extent that you believe that any data you may have
provided to Branch was inappropriately obtained, you shall inform Branch
immediately. Branch shall have no responsibility or liability to the extent
resulting from, or arising out of, your use of the Services not in compliance
with the Agreement, the Documentation or applicable law.


9.5 CCPA. If any data collected through your use of the Services is deemed
personal information subject to the CCPA, then the terms set forth in the Branch
California Privacy Addendum (“California Privacy Addendum“) available at
https://legal.branch.io/#branchio-ca-privacy-addendum, or its successor URL,
shall apply to the use and processing of such personal information and the
Parties agree to incorporate such California Privacy Addendum by reference into
the Agreement as an integral part thereof.
10. RESTRICTED AREAS OF THE SERVICES
10.1 Registration Information. In order to access and use the Services, you must
register an account. Any information provided during your registration must be
current, complete, and accurate (“Registration Information”). It is your sole
responsibility to ensure Registration Information is current, complete, and
accurate at all times.


10.2 Access Credentials. The Services, including account management features,
may be password-restricted to registered users or other authorized persons. You
may select individuals (your employees, Affiliates, or your independent
contractors) to access and use the Services in furtherance of your internal
business purposes as expressly permitted by this Agreement, unless otherwise
expressly agreed to in writing by Branch. You will obtain separate credentials,
e.g., user IDs and passwords, from Branch for such individuals (each, an "
Authorized User").


10.3 Responsibility. You are responsible for all actions taken under an
Authorized User’s account, regardless of whether such action was taken by an
Authorized User or by another party, and regardless of whether such Authorized
User authorized or had knowledge of such action. You are responsible for the
security of each Authorized User’s credentials and shall take all necessary
steps to protect each Authorized User’s credentials from disclosure. You will
not share (and will instruct each Authorized User not to share) such credentials
with any other person or entity and will notify Branch promptly of unauthorized
access or use of the Services.
11. LINKS AND THIRD-PARTY CONTENT
You may enable the Services to display, or contain links to, third party
products, services, and websites. You acknowledge that it is your responsibility
to evaluate the information, opinion, advice, or other content linked to or made
available through Branch’s Services. Any opinions, advice, statements, services,
offers, or other information that constitute part of the content expressed,
authored, or made available by other users or other third parties on the
Services, or which is accessible through or may be located using the Services
(collectively, "Third-Party Content") are those of the respective authors or
producers and not of Branch or its shareholders, directors, officers, employees,
agents, or representatives. Branch does not control Third-Party Content and
makes no representations, warranties, endorsements, or guarantees regarding the
accuracy, integrity or quality of such Third-Party Content. Branch expressly
disclaims all responsibility and liability for any Third-Party Content,
including but not limited to, any information or materials advertised in any
Third-Party Content. Branch is not responsible or liable, directly or
indirectly, for any damage or loss caused to you by your or a third party’s use
of or reliance on any goods, services, or information available on or through
any third-party service or Third-Party Content.
12. TRADEMARKS
"Branch Metrics", the Branch Metrics logo, and any other trademarks or service
marks used by Branch or slogan displayed on the Services ("Branch Marks") are
trademarks of Branch and its suppliers or licensors, and may not be copied,
imitated or used, in whole or in part, without the prior written permission of
Branch or the applicable trademark holder. You may not use any metatags or any
other "hidden text" utilizing "Branch Metrics" or any other Branch Marks without
Branch’s prior written permission. In addition, the look and feel of the
Services, including all page headers, custom graphics, button icons and scripts,
is the trade dress of Branch and may not be copied, imitated or used, in whole
or in part, without Branch’s prior written permission. All other trademarks,
registered trademarks, product names and company names or logos mentioned in the
Services are the property of their respective owners. Reference to any products,
services, processes or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply endorsement,
sponsorship, or recommendation thereof by Branch.
13. AGENCIES & PARTNERS
13.1 Agency Client. If you are an agency or a party representing, or providing
services for the benefit of, a third party (“Agency Client“), you represent and
warrant that you are authorized to act on behalf of, and bind to the Agreement,
that Agency Client (and upon Branch’s request shall provide evidence thereof).
You further represent and warrant that, to the extent that you are accessing the
Services on the Agency Client’s behalf, such Agency Client has provided you with
explicit permission to collect on its behalf and view Agency Client’s data and
that you shall use such data strictly in accordance with the permissions
provided to you by such Agency Client and the terms of the Agreement. You shall
ensure that each Agency Client agrees to the terms of the Agreement and any
applicable Order Form(s) and agrees to abide by its terms, including without
limitation, Section 9 (Privacy Policy & Data Rights) of these Terms. You
acknowledge and agree that: (i) Branch makes no representations or warranties
for the direct or indirect benefit of any Agency Client; and (ii) you shall not
make any representations or warranties to such Agency Client on behalf of
Branch.


13.2 Partners. The Services enable you to integrate, measure, and analyze your
Branch account (including data contained therein) with certain partners that you
work with, such as advertising networks, publishers and analytics providers
(“Partners“). For such purpose, you may, through your configuration of the
Services (“Partner Features”), direct Branch to provide data to, and receive
data from Partners relating to end users (“Shared Data”). To the extent that you
use the Partner Features for Partners you select (“Permitted Partners”), then
you hereby grant Branch the right to provide Shared Data with Partners pursuant
to your configuration of the Services and to obtain and process Shared Data from
Permitted Partners pursuant to your configuration of the Services. You
acknowledge and agree that: (i) the sharing of such Shared Data between Branch
and Permitted Partners will be available only to the extent enabled by the
Permitted Partner and Branch; (ii) any use of Shared Data by a Permitted Partner
shall be subject to your own agreements with such Permitted Partner; (iii)
Branch shall have no liability or responsibility in connection with any acts or
omissions by Permitted Partners; and (iv) any use or processing of Shared Data
may be subject to certain limitations and restrictions imposed by Permitted
Partners and Branch is not responsible for fulfilling any such limitations and
restrictions unless expressly agreed to in writing between you and Branch.
14. CONFIDENTIAL INFORMATION
14.1 Definition. Each Party to these Terms (a “Receiving Party”) may have access
to, or become acquainted with, certain non-public confidential information of
the other Party (a “Disclosing Party”) including without limitation all
information clearly identified as confidential at the time of disclosure
(“Confidential Information”). You and Branch further agree that, subject to the
rights and licenses granted herein, each Party's Confidential Information shall
include all non-public information regarding the Disclosing Party, including
without limitation any customer, customer prospect, the terms, conditions and
pricing set forth in the Agreement and its Order Form(s), marketing, technical,
business and/or strategic plans or information provided by the Disclosing Party
to the Receiving Party in the performance of the Services under the Agreement.


14.2 Use and Disclosure. Each Party agrees as follows: (a) to use the
Confidential Information of the Disclosing Party only for the purposes permitted
by the Agreement, or as otherwise permitted by the Agreement (the "Purpose");
(b) to take all reasonable steps to ensure that the Disclosing Party’s
Confidential Information is not disclosed or distributed by the Receiving
Party’s employees or agents to another party in violation of the Agreement, but
in no event will the Receiving party use less effort to protect the Confidential
Information of the Disclosing Party than it uses to protect its own Confidential
Information of like importance; (c) to restrict access to the Confidential
Information disclosed by the Disclosing Party to such of the Receiving Party’s
employees, agents and third parties, if any, who have a legitimate need to have
access for the Purpose and who have agreed in writing or are otherwise bound to
treat such information in accordance with the Agreement; and (d) to return or
destroy all Confidential Information of the Disclosing Party’s written request,
after termination of the Agreement. The Receiving Party will not be obligated
under this confidentiality section with respect to information that: (1) is or
has become readily publicly available through no act or omission of the
Receiving Party or its employees or agents; (2) is received from a third party
lawfully in possession of such information and the Receiving Party has no
knowledge of any disclosure restrictions on such third party to disclose such
information; (3) is disclosed to a third party by the Disclosing Party without
restriction on disclosure; (4) was rightfully in the possession of the Receiving
Party without restriction prior to its disclosure by the Disclosing Party; or
(5) was independently developed by employees or consultants of the Receiving
Party without reliance on, or reference to, such Confidential Information.


14.3 Permitted Disclosures. Notwithstanding the foregoing, Confidential
Information may be disclosed as required by any court order or governmental
agency, provided that before disclosing such Confidential Information the
Receiving Party must provide the Disclosing Party with sufficient advance notice
of the court or agency’s request for the information to enable the Receiving
Party to exercise any rights it may have to challenge or limit the court or
agency’s authority to receive such Confidential Information, to the extent
permitted by applicable law.
15. PROPRIETARY RIGHTS
15.1 Proprietary Rights. As between you and Branch, you shall retain all right,
title, and interest in your Digital Properties. If you choose to use your
Digital Properties with a Service, you grant Branch permission to allow the
Services to interoperate with your Digital Properties as required for the
interoperation of your Digital Properties with the Service. Subject to the
limited licenses granted herein, Branch acquires no right, title or interest
from you or your licensors under the Agreement in or to your Digital Properties.
Subject to the limited rights expressly granted hereunder, Branch, its
Affiliates, and its licensors reserve all of their right, title and interest in
and to the Services (including the Branch application programming interfaces and
the Branch software development kits), the Documentation, all technology
utilized by Branch to provide the Services, and all of their related
intellectual property rights related to, embodied by, or incorporated in any of
the foregoing and including any updates, upgrades, enhancements, modifications
and improvements made to, or derivatives of, the foregoing. No copyright is
granted by Branch to Customer hereunder. No rights are granted to Customer
hereunder other than as expressly set forth herein.


15.2 Feedback. Branch may provide you with a mechanism to provide feedback,
suggestions, and ideas, if you choose, about the Services ("Feedback"). You
agree that Branch may, in its sole discretion, use the Feedback you provide to
Branch in any way, including in future enhancements and modifications to the
Services. You hereby grant to Branch and its assigns a perpetual, worldwide,
fully transferable, sub-licensable, fully paid-up, irrevocable, royalty-free
license to use, reproduce, modify, create derivative works from, distribute, and
display the Feedback in any manner for any purpose, in any media, software, or
technology of any kind now existing or developed in the future, without any
obligation to provide attribution or compensation to you or any third party.
16. WARRANTY & DISCLAIMER OF WARRANTIES
16.1 Warranty. You represent and warrant to Branch that: (a) you are duly
organized under applicable law and have sufficient authority to enter into the
Agreement; (b) the person entering into the Agreement is authorized to agree to
and execute the Agreement on behalf of such Party; and (c) the execution and
performance of the Agreement does not conflict with any contractual obligations
you have to any third party.


16.2 DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, THE SERVICES,
AND THE DOCUMENTATION ARE PROVIDED “AS IS,” WITHOUT REPRESENTATION OR WARRANTY
OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BRANCH EXPLICITLY DISCLAIMS ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE
OF PERFORMANCE, OR USAGE OF TRADE. BRANCH DOES NOT WARRANT THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF THE SERVICES, AND THE DOCUMENTATION, NOR DOES
BRANCH WARRANT THAT THE SERVICES WILL BE FREE FROM ERRORS, OR THAT THE
OPERATIONS OF THE SERVICES WILL BE UNINTERRUPTED. YOU RELY ON THE SERVICES AND
THE DOCUMENTATION AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, THE
LIMITATIONS SET FORTH ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.
17. LIMITATION OF LIABILITY
17.1 BRANCH AND ITS SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, GOODWILL, USE,
DATA THAT IS INCOMPLETE, MISSING, OR INCORRECT, OR OTHER INTANGIBLE LOSSES (EVEN
IF BRANCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
THIS AGREEMENT.


17.2 UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE LIABILITY OF BRANCH AND ITS
SUPPLIERS AND LICENSORS RESULTING FROM THIS AGREEMENT (INCLUDING BUT NOT LIMITED
TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY
ACTION OR CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR
OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR
OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID, OR AGREED TO PAY, TO
BRANCH FOR USE OF THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE
EVENT GIVING RISE TO THE CLAIM. SOME OF THE LIMITATIONS PROVIDED HEREIN MAY NOT
BE ALLOWED UNDER THE LAWS OF CERTAIN JURISDICTIONS. IF ANY SUCH LAW IS DEEMED TO
APPLY TO THE AGREEMENT, THEN THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED UNDER SUCH LAWS.
18. INDEMNITY
18.1 Indemnity. You will defend Branch, its Affiliates and their officers,
agents, employees, representatives, and assigns (“Branch Indemnified Parties”)
against any claim, demand, suit, or action against Branch brought by a third
party to the extent arising out of or relating to: (a) Third-Party Content or
your use of the Services in violation of the Agreement, the Documentation, or
applicable law, (b) allegations that your Digital Properties, or the combination
of your Digital Properties with the Services, infringes or misappropriates a
third party’s intellectual property rights, (c) your instructions to share
Shared Data with a Partner, or (d) a regulatory investigation (each a “Claim
Against Branch”). You will indemnify Branch Indemnified Parties from any costs,
damages, and expenses finally awarded against Branch Indemnified Parties as a
result of, or for any amounts paid by Branch Indemnified Parties under a
settlement approved by you in writing of, a Claim Against Branch. The above
defense and indemnification obligations will be limited to the extent a Claim
Against Branch arises from Branch’s fraud, or reckless or willful misconduct.


18.2 Agency Indemnity. If you are an agency or a party representing, or
providing services for the benefit of an Agency Client, in addition to the
obligations set forth in the section “Agencies & Partners” of these Terms, you
further agree to indemnify, hold harmless and defend Branch Indemnified Parties
from and against any claim, demand, suit, or action and any related liability
against a Branch Indemnified Party brought by a third party, arising out of or
relating to: (a) any representations and warranties made by you concerning any
aspect of the Services to an Agency Client; (b) any claims made by or on behalf
of any Agency Client arising out or relating to your use of the Services; and
(c) any claims arising out of or relating to acts or omissions of an Agency
Client in connection with the Services.


18.3 Indemnification Procedure. Your indemnification obligations under this
Agreement will be contingent upon (a) Branch promptly giving you written notice
of any claim for which indemnification is sought (provided that the Branch’s
failure to notify you will not diminish your obligations under this section,
except to the extent that you are materially prejudiced as a result of such
failure), (b) you having sole control of the defense and settlement of any and
all claims for which indemnification is sought (provided that no settlement may
be entered into without either (i) Branch’s consent where a settlement requires
any action on the part of Branch or (ii) the securing of an unconditional
release of Branch for all liability), and (c) Branch giving you reasonably
requested assistance at your expense. Branch may, at its own expense, and
without limiting the obligations of the indemnifying party, maintain its own
counsel and participate in the defense with counsel of its own choosing at any
time.
19. MISCELLANEOUS
19.1 Governing Law. The Agreement and all matters arising out of or relating to
the Agreement shall be governed by and construed under the laws of the State of
California, without regard to its conflict of law provisions. The parties
expressly disclaim and exclude the application of the United Nations Convention
on Contracts for the International Sale of Goods.


19.2 Dispute Resolution. In the event of any dispute, claim, or controversy in
connection with this Agreement (other than for disputes, claims, or
controversies related to the intellectual property of a party) (collectively,
"Disputes"), each Party's senior representatives will, in good faith, attempt to
resolve a Dispute. If the Parties are unable to resolve a Dispute within thirty
(30) days or within such other time period as the Parties may agree in writing,
then the Parties may commence binding arbitration under JAMS' Comprehensive
Arbitration Rules and Procedures. The Parties will share equally the fees and
expenses of the JAMS arbitrator. The arbitration will be conducted by a sole
arbitrator mutually agreed to between the Parties or, failing that, by JAMS
under its then prevailing rules. Judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. The arbitrator
will have the authority to grant specific performance or any other equitable or
legal remedy, including provisional remedies. Each Party will be responsible for
its own incurred expenses arising out of any dispute resolution procedure. Any
arbitration proceedings will take place in the English language in (a) San
Francisco, California, if you are domiciled in any country outside of the (i)
European Economic Area or its regions or territories, the United Kingdom,
Switzerland, Andorra, Vatican City, and Monaco and (ii) Asia-Pacific region; (b)
London, England, if you are domiciled in any country within the European
Economic Area or its regions or territories, the United Kingdom, Switzerland,
Andorra, Vatican City, or Monaco; or (c) Singapore, if you are domiciled in any
country within the Asia-Pacific region.


19.3 No Waiver; Severability. Branch’s failure to enforce any right or provision
in the Agreement will not constitute a waiver of such right or provision unless
acknowledged and agreed to by Branch in writing. If any provision of the
Agreement is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that the Agreement will
otherwise remain in full force and effect and enforceable.


19.4 Assignment. The Agreement is not assignable, transferable or sublicensable
by you except with Branch’s prior written consent. Branch may transfer and
assign any of its rights and obligations under the Agreement freely and without
consent.


19.5 Entire Agreement. Both you and Branch agree that the Agreement is the
complete and exclusive statement of the mutual understanding of the Parties and
supersedes all previous written and oral agreements, communications and other
understandings relating to your use of the Services, and that all waivers and
modifications must be in a signed writing by both Parties, except as otherwise
provided herein. Preprinted terms in your purchase orders or other
customer-generated ordering documents, or terms referenced or linked within
them, will have no effect on the Agreement and are hereby rejected, regardless
of whether they are signed, clicked through, or otherwise agreed to by Branch
and/or purport to take precedence over the Agreement. In the event of any
conflict or inconsistency among the following documents, the order of precedence
shall be: (1) the applicable Order Form, (2) any exhibit, schedule or addendum
to the Agreement, (3) the body of these Terms, and (4) the Documentation.


19.6 Relationship between the Parties. The Parties are independent contractors.
No agency, partnership, joint venture, fiduciary or employment relationship is
created as a result of the Agreement, and you do not have any authority of any
kind to bind Branch in any respect whatsoever.


19.7 International Trade and Anti-Corruption and Laws. Each party (a) warrants
that it will comply with all applicable anti-corruption, anti-money laundering,
economic and trade sanctions, export controls, and other international trade
laws, regulations, and governmental orders (collectively, “Anti-Corruption and
Trade Laws”) in the jurisdictions that apply directly or indirectly to the
Services, including, without limitation, the United States, and (b) represents
that it has not made, offered, promised to make, or authorized any payment or
anything of value in violation of Anti-Corruption and Trade Laws. You will
promptly notify Branch in writing of any actual or potential violation of
Anti-Corruption and Trade Laws in connection with the use of the Services and
take all appropriate steps to remedy or resolve such violations, including any
steps requested by Branch. If applicable, you represent that you have obtained,
and warrant that you will continue to obtain, all licenses or other
authorizations required to export, re-export, or transfer the Services.


19.8 Sanctions Lists. The Services and any derivatives thereof, may be subject
to export control and economic sanctions laws and regulations of the United
States and other jurisdictions. Both you and Branch each represent that (and in
your case, also your end users of your Digital Properties) it is not named on
any government prohibited, denied, or unverified-party, sanctions, debarment, or
exclusion list or export-controlled related restricted party list (collectively,
“Sanctions Lists”). Customer shall not permit any entity or individual to access
or use any of the Services who is listed on the Consolidated Screening List or
located in a U.S. government-embargoed country (currently Cuba, Iran, North
Korea, Syria and Crimea), or known to be engaged in proliferation of nuclear,
chemical or biological weapons or missiles, or otherwise in violation of any
U.S. export law or regulation. You will immediately (i) discontinue your use of
the Services if you become placed on any Sanctions List and (ii) remove your End
Users’ access to the Services if your end users become placed on any Sanctions
List. You represent that you have not, and warrant that you will not, export,
re-export, or transfer the Services to an entity on any Sanctions List without
prior authorization from the applicable governmental authority. Notwithstanding
anything to the contrary in this Agreement, either Party may terminate this
Agreement immediately upon written notice to the other party if the other party
is in breach of its obligations hereunder with respect to Anti-Corruption and
Trade Laws or Sanction Lists. If your account is blocked because it is operating
in a country or region prohibited by Anti-Corruption and Trade Laws, you will
receive notice of your account being inoperable when you attempt to log into
your account in such prohibited country or region.


19.9 Third Party Beneficiary. No provision of the Agreement is intended, nor
shall it be interpreted, to provide or create any third-party beneficiary rights
or any other rights of any kind in any customer, affiliate, stockholder,
partner, member, director, officer, or employee of any Party hereto or any other
person or entity.


19.10 Marketing Support. You agree to comply with reasonable requests of Branch
to support public relations efforts pertaining to the Services, which efforts
may include: (a) a press release highlighting your company’s use of the
Services, (b) participation in targeted press and analyst interviews
highlighting benefits of implementing the Services, and (c) participation in
customer case studies developed by Branch and used on Branch’s website(s) and
other collateral. You grant to Branch a non-exclusive, non-transferable, limited
right to use your name, trademarks, and logos (collectively, the "Customer
Marks") (i) for the purpose of referencing You as a customer of Branch on the
Branch website(s) and (ii) in the production of marketing materials, provided
that such use is in accordance with any trademark and logo use guidelines that
you provide to Branch. All goodwill developed from such use shall be solely for
your benefit.


19.11 Force Majeure. Neither Party will be responsible for any delay or failure
in performance of any part of this Agreement to the extent that such delay or
failure is caused by an event or circumstance beyond the reasonable control of
the Party whose performance is affected and could not have been prevented or
corrected through the exercise of reasonable diligence, including, for example,
an act of God, act of government, flood, fire, earthquake, civil unrest, act of
terror, strike or other labor problem (other than one involving Branch
employees), Internet service provider failure or delay, integrated third party
applications, or denial of service attack (each such event, a “Force Majeure
Event”). The Party alleging a Force Majeure Event (the “Affected Party”) will
promptly notify the other Party in writing of the Force Majeure Event, providing
reasonable detail of the circumstances giving rise to the Force Majeure Event,
and the steps it is taking to remedy the delay or failure. Notwithstanding the
foregoing, financial incapability will not be considered as a Force Majeure
Event.


19.12 Notices. Except as otherwise specified in the Agreement, all notices of
termination or an indemnifiable claim related to the Agreement (“Legal Notices”)
will be provided via email and will be effective upon receipt by e-mail as set
forth below. If to Branch, all notices shall be provided to legal@branch.io
("Branch Notices"). Billing-related notices to Customer will be provided via
email and addressed to the relevant billing contact designated by Customer on
the applicable Order Form or the relevant Services account administrator
designated by Customer. All Legal Notices and other notices to Customer will be
provided via email and addressed to the relevant Services account administrator
designated by Customer.


19.13 Modifications. We may make changes to these Terms from time to time. When
we do, we will revise the "Last updated" date given above. It is your
responsibility to review these Terms frequently and to remain informed of any
changes to them. The then-current version of these Terms will supersede all
earlier versions. You agree that your continued use of Branch’s Services after
such changes have been published to Branch’s Services will constitute your
acceptance of such revised Terms.
20. CONTACTING US
If you have any questions or concerns about Branch’s Services or these Terms,
you may contact us by email at info@branch.io.

EFFECTIVE JANUARY 1, 2023  TO  JUNE 22, 2023

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TABLE OF CONTENTS

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TERMS & CONDITIONS


1. INTRODUCTION

These Terms & Conditions ("Terms") are entered into by and between of Branch
Metrics, Inc., a Delaware corporation d/b/a Branch Metrics ("Branch," "Branch
Metrics," "we," or "us") and the entity or person accessing this website
("Website") or placing an order for or accessing any Services made available by
Branch Metrics (“Customer” or “you” or “your”). “Services" means the products
and services that are made available online by Branch under these Terms, the
“Beta Services”, as defined in these Terms, other services or products that
Branch may make available from time to time, including associated Branch offline
or mobile components. Services exclude (i) Web-based, mobile, offline or other
software application functionality that interoperates with a Service, that is
provided by Customer or a third party, and (ii) Third-Party Content, as defined
in these Terms. By indicating your acceptance of these Terms or using any of our
Services, you agree to be legally bound by, and use our Services in compliance
with, all terms, conditions, and notices in the Agreement. By agreeing to these
Terms, you warrant that you are authorized to agree to these Terms on behalf of
you and/or your company. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT
USE OUR WEBSITE OR ANY SERVICES.


2. DEFINITIONS

"Agreement" means these Terms together with any applicable Order Forms, and any
exhibits, appendices, schedules, or attachments identified or referenced in
these Terms, and any amendments attached hereto or hereafter attached by mutual
written agreement of the parties (all of which are incorporated herein by
reference).
"Order Form" means an ordering document or online order specifying the Services
to be provided hereunder that is entered into between Customer and Branch or any
of their Affiliates, including any addenda and supplements thereto. By entering
into an Order Form hereunder, an Affiliate agrees to be bound by the terms of
the Agreement as if it were an original party hereto.
"Documentation" means the applicable Service’s documentation and usage
guidelines at https://docs.branch.io/, or its successor URL.
"Affiliate" means any entity that directly or indirectly controls, is controlled
by, or is under common control with the subject entity. “Control,” for purposes
of this definition, means direct or indirect ownership or control of more than
50% of the voting interests of the subject entity.
Modifications. We may make changes to these Terms from time to time. When we do,
we will revise the "Last updated" date given above. It is your responsibility to
review these Terms frequently and to remain informed of any changes to them. The
then-current version of these Terms will supersede all earlier versions. You
agree that your continued use of our Services after such changes have been
published to our Services will constitute your acceptance of such revised Terms.


3. SERVICE ACCESS AND AVAILABILITY

Branch will make the Services available to you pursuant to the terms of the
Agreement and solely for Customer’s internal business needs. Branch shall: (a)
use commercially reasonable efforts to make the online Services available 24
hours a day, 7 days a week, except for: (i) planned downtime (of which Branch
shall give advance electronic notice), (ii) emergency maintenance that is
reasonably unforeseeable and necessary for purposes of maintaining the integrity
or operation of the Services, regardless of the notice provided by Branch and
(iii) any unavailability caused by circumstances beyond Branch’s reasonable
control, including, for example, an act of God, act of government, flood, fire,
earthquake, civil unrest, act of terror, strike or other labor problem (other
than one involving Branch employees), Internet service provider failure or
delay, integrated third party applications , or denial of service attack, and
(b) provide the Services in accordance with laws and government regulations
applicable to Branch’s provision of its Services to its customers generally
(i.e., without regard for Customer’s particular use of the Services), and
subject to Customer’s use of the Services in accordance with the Agreement, the
Documentation and the applicable Order Form. Your rights to access and use the
Services are limited by all terms set forth in the Agreement.


4. USE RESTRICTIONS; UPDATES & SUPPORT

4.1 Use Restrictions. You must comply with all applicable laws when
implementing, configuring, and using the Services. Except as expressly permitted
under these Terms, you will not, and will not permit anyone else to: (a) make
the functionality of the Services to any third party through any means,
including, without limitation, any hosting, application services provider,
service bureau, or other type of service; (b) use any automated tool (e.g.,
robots, spiders) to access or use the Services; (c) rent, lease, or sublicense
your access to the Services to another person; (d) circumvent or disable any
digital rights management, usage rules, or other security features of the
Services or attempt to gain unauthorized access to the Services or its related
systems or networks; (e) use the Services in a manner that overburdens, or that
threatens the integrity, performance, or availability of, the Services; (f)
remove, alter, or obscure any proprietary notices (including copyright and
trademark notices) on any portion of the Services; (g) send material containing
software viruses, worms, trojan horses, or other harmful computer code, files,
scripts, agents, or programs; (h) use Branch’s Services in violation of Branch’s
Acceptable Use Policy available at https://legal.branch.io/#branchio-aup, or its
successor URL; or (i) use the Services in connection with any Apps or websites
that are directed to children under 13 (and in certain jurisdictions under the
age of 16), without employing appropriate settings within the Branch SDKs to
limit data collection from such children in accordance with applicable law. More
information on these settings is available here. If you have questions about how
to use these settings or have any reason to believe that these resources may not
address your particular use case, please reach out to the Branch Support team
via the “Submit a Ticket” function at http://help.branch.io/, or its successor
URL. Notwithstanding anything to the contrary in the Agreement, use of the
Services in violation of the foregoing restrictions by Customer that, in
Branch’s judgment, threatens the integrity, performance, availability, or
security of the Services may result in Branch’s immediate suspension of, or
limitation in Customer’s access to, the Services.
4.2 Updates and Support. Branch will maintain, support, update, and provide
error corrections for the Services to the same extent it does so for its
customers generally. Ultimately, you are responsible for timely integration and
launch of the Services. If Branch provides you with an update or maintenance
release for the offline components of the Branch Services, unless you receive a
separate license from Branch for that update or release that expressly
supersedes these Terms, such update or release will be subject to the terms and
conditions of these Terms. Branch shall have no liability for any damages that
may result from Customer’s failure to implement upgrades or updates to the
Services provided that Customer is notified in writing by Branch of an upgrade
or update. All support requests must be sent to the Branch Support team via the
“Submit a Ticket” function at http://help.branch.io/, or its successor URL.


5. BETA SERVICES

From time to time, Branch may invite You to try Beta Services. "Beta Services"
means Our services or functionality that are not generally available to
customers at no additional charge and that may be made available to You to try
at Your option which are designated as beta, pilot, limited release, developer
preview, non-production, evaluation, or by a similar description. You may accept
or decline any such trial in Your sole discretion. Beta Services are for
evaluation purposes only and not for production use, are not subject to any
service level agreements (SLAs) agreed to between you and Branch, and may be
subject to additional terms. Branch is under no obligation to, maintain,
support, update, or provide error corrections for the Beta Services. Branch may
discontinue Beta Services at any time in Branch’s sole discretion and reserves
the right to never make them generally available. BRANCH WILL HAVE NO LIABILITY
FOR ANY HARM OR DAMAGE ARISING OUT OF, OR IN CONNECTION WITH, CUSTOMER’S USE OF
A BETA SERVICE. THE BETA SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE, AND ARE
EXCLUSIVE OF ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE FOREGOING, WITH
RESPECT TO THE BETA SERVICES, BRANCH EXPLICITLY DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE OF TRADE. In the event of a conflict or inconsistency
between this section and any other provision of the Agreement, the terms of this
section “BETA SERVICES” shall control and prevail with respect to Beta Services.


6. PAID SERVICE TERMS

6.1 Fees. You shall pay to Branch all fees specified in an Order Form or, if
there is no Order Form executed by the Parties, you shall pay the fees set forth
at the applicable rates available at https://branch.io/pricing/, or its
successor URL (“Fees”). You are responsible for all undisputed Fees, even if
such Fees are due and payable after termination of the Services, or any portion
thereof. Fees are non-cancellable and failure to use the Services does not
constitute a basis for refusing to pay any Fees. Except as expressly provided in
an applicable Order Form, you will not receive any refund or prorated refund for
amounts previously paid or amounts owed for the term of the Order Form.
6.2 Payments & Invoicing. To the extent you procure the Services with an
applicable Order Form(s), invoices for the applicable Fees shall be sent to you
via email to the email address(es) you designate in your account when signing up
for Services, and you shall pay the Fees due upon receipt of such invoice. To
the extent you procure the Services under an applicable Order Form, any relevant
paid service-specific terms including, for example, contract duration, monthly
fees, billing frequency, payment forms, and payment term will be addressed
within an associated Order Form. All Fees set forth in an applicable Order Form
shall be invoiced in advance in accordance with the billing frequency stated
therein. Fees are payable in United States dollars. You shall be responsible for
the payment of any fees associated with an electronic funds transfer (i.e., ACH,
wire transfer) when issuing payment to Branch, which includes fees from Your
financial institution and intermediary banks. You are responsible for providing
complete and accurate billing and contact information to Branch and notifying
Branch of any changes to such information. In certain instances where your
payment method is via credit card, the issuer of the credit card may charge a
transaction fee or related charges, which you will be responsible to pay.
6.3 Payment by Credit Card. In certain instances where your payment method is
via credit card, the issuer of the credit card may charge a transaction fee or
related charges, which you will be responsible to pay. Fees will be billed to
the credit card nominated by you and you authorize the card issuer to pay all
such amounts and authorize Branch (or its billing agent) to charge the credit
card account until you or Branch cancels or terminates the Services as set forth
herein; provided that if payment is not received from the credit card issuer,
the transaction is returned after the payment has been settled, otherwise known
as chargeback, or if there are insufficient funds in the case of check or debit
card payments, you agree to pay all amounts plus any applicable transaction fees
(e.g., NSF fees, chargeback fees) due upon demand.
6.4 Payment Disputes. If you have concerns about any charges on your invoice,
you agree to the following dispute resolution process: (i) all billing disputes
must be submitted in writing to billing@branch.io, (ii) billing disputes must be
submitted within 90 days of the date the invoice was generated, and (iii)
undisputed amounts will be subject to the Agreement and total payment for
undisputed invoices or amounts must be submitted when due.
6.5 Suspension or Cancellation of Service; Payment Acceleration. Without
derogating from any other remedies available to Branch under the Agreement or by
applicable law, if you owe any undisputed Fees 30 days or more past due in
connection with any Services provided by Branch under any applicable Order Form,
then, without affecting any of your payment obligations under the Agreement
(including, any payment obligations under an Order Form), Branch is entitled to
take further action including but not limited to accelerating your unpaid fee
obligations under such agreement so that all such obligations become immediately
due and payable, and suspending and/or canceling your access to the Services
until such amounts are paid in full. Branch reserves the right to send your
account to a collections agency for nonpayment (which may, in turn, report the
uncollected debt to credit bureaus) and to use your contact information for debt
collection purposes if the Agreement is terminated for non-payment as set forth
herein following a 10-day cure period.
6.6 Taxes. Branch’s Fees do not include any local, state, or federal sales, use,
excise, personal property, VAT, or other similar taxes, duties, levies, tariffs,
and other governmental charges (including, without limitation, any withholding
tax, and any such taxes, to the extent legally applicable, which shall be borne
and paid by Customer) (collectively, "Taxes"). If Branch has the legal
obligation to pay or collect Taxes for which you are responsible under this
section, Branch will invoice you and you will pay that amount unless you provide
Branch with a valid tax exemption certificate authorized by the appropriate
taxing authority. For clarity, you are responsible for payment of all Taxes
resulting from any Fees payable hereunder, other than any taxes based on
Branch’s net income, property, and employees.
6.7 Withholding Taxes. In the event Fees payable by you to Branch under the
Agreement are subject to any applicable withholding tax, goods and services tax,
or similar taxes required by any tax authority and you are required by
applicable law to remit such withholding tax, you: (a) may withhold and deduct
from any payments to Branch under the Agreement an amount equivalent to any
applicable withholding tax to the extent required by applicable law
("Withholding Tax"), (b) will pay to the relevant taxation authority the amount
of such applicable withholdings in accordance with applicable law; and (c) will
pay to Branch the applicable amounts under this Agreement net of such
Withholding Tax. You shall be discharged from the obligation to pay Withholding
Tax amounts to Branch provided that (1) you have remitted such amount to the
relevant taxation authority and (2) you furnish Branch with (i) your tax
registration certificate(s) as proof of registration with the applicable
taxation authority, and (ii) any and all relevant tax forms and/or statements
with proof of Withholding Tax remittance amount to the taxation authority, the
applicable rate, and other information which may reasonably be requested for the
purpose of assisting Branch to seek any allowable credits or deductions for the
Withholding Tax so withheld in each jurisdiction where you are subject to tax.
6.8 Overdue Charges. If any invoiced amount is not received by Branch by the due
date set forth in the applicable invoice, then without limiting Branch’s rights
or remedies, (a) those charges may accrue late interest at the rate of 2.5% of
the outstanding balance per month, and (b) Branch may condition future Order
Form renewals on payment terms shorter than those specified in the applicable
Order Form. You are prohibited from creating new accounts until the Fees due are
paid in full.
6.9 Term for Paid Services. Except as expressly set forth herein, the terms set
forth in these Terms shall be in force for as long as an Order Form referencing
the Agreement is in effect. Except as otherwise agreed to by you and Branch in a
superseding Order Form, at the end of an applicable term, your access to the
Services will automatically renew under the same Order Form terms (contract
duration, billing frequency, payment period, etc.), unless and until your access
to the Services is terminated in accordance with this section or either party to
these Terms provides the other with notice of non-renewal (email sufficient; if
to Branch, please email billing@branch.io) at least thirty (30) days prior to
the commencement of any renewal period.
6.10 Termination by Branch. Except as expressly agreed to by you and Branch in a
superseding Order Form, Branch reserves the right to modify or discontinue,
temporarily or permanently, all or any portion of the Services immediately upon
at least thirty (30) days’ written notice (email sufficient), provided that
Branch will promptly provide a pro-rated refund of all pre-paid and unearned
amounts based on the period of suspension or the date of discontinuance, as
applicable. Branch may also, in its sole discretion, terminate your access to
the Services or any portion thereof if you violate any terms of the Agreement,
unless you cure such breach within thirty (30) days of the date Branch provides
written notice to you of such violation. Termination by Branch for your
violation of these Terms will be effective as of the last day of the 30-day cure
period provided herein or immediately to the extent such violation reasonably
cannot be cured. Upon termination of the Agreement, any outstanding balance
through the effective date of termination and other unpaid payment obligations
will be immediately due and payable in full.


7. TERMINATION

Except with respect to paid services, as to which the terms and conditions
governing termination are set forth above in the section "PAID SERVICE TERMS" of
these Terms above, You acknowledge and agree that Branch, in its sole
discretion, may terminate your use of the Services without prior notice for any
reason at any time. You agree that Branch shall not be liable to you or any
third party for termination by Branch. Except when subject to a binding contract
duration (see any applicable Order Form), you may terminate your access to and
use of the Services at any time by providing written notice to Branch via the
“Submit a Ticket” function at http://help.branch.io/, or its successor URL).
Such termination will be effective as of the last day of the calendar month
during which such termination notice is received.


8. SURVIVAL

Upon termination of the Agreement, those sections of these Terms that by their
nature would reasonably be expected to survive will survive termination or
expiration of these Terms, including but not limited to the sections on
Termination, Privacy Policy & Data Rights, Confidential Information, Proprietary
Rights, Limitation of Liability, and Legal Notices.


9. PRIVACY POLICY & DATA RIGHTS

9.1 Privacy Policy.
(a) You acknowledge and agree that you will provide a privacy policy to your end
users, which shall be in compliance with applicable laws and self-regulatory
guidelines, including, without limitation each of the Self-Regulatory Principles
of the Digital Advertising Alliance ("DAA"), currently available at
http://www.aboutads.info/principles, and the Principles of the European
Interactive Digital Alliance ("EDAA"), currently available at
http://www.edaa.eu/european-principles/, as each set of principles may be
amended from time to time.
(b) Your privacy policy will further include clear, meaningful, and conspicuous
notice consistent with applicable laws, regulations, and self-regulatory
guidelines that includes, at minimum, the following: (a) disclosure regarding
your practices with regard to cookies and/or targeting and online behavioral
advertising; the types of data you collect for this purpose; and your data
collection, use and disclosure practices (including that by visiting your
Digital Properties, third parties may place cookies on end user browsers, or use
non-cookie technology, to collect data that you may use for this purpose); and
(b) information regarding how end users may opt out from receiving targeted
advertisements by visiting the NAI website opt-out page here:
http://www.networkadvertising.org/choices/, the DAA opt-out page here:
http://www.aboutads.info/, and/or the EDAA opt-out page here:
http://www.youronlinechoices.eu/. Your “Digital Properties” means your mobile
applications, websites and program code created by or for you using a Service or
for use by you with the Services.
(c) You further agree to obtain consent to your practices from your end users
with regard to cookies and/or targeting and online behavioral advertising to the
extent required by applicable laws, regulations, and self-regulatory guidelines.
If you use Branch’s Engagement Builder feature, you agree to respect opt-out
flags passed by Branch to you if you use Engagement Builder data for targeted
advertisements. You acknowledge and agree that your use of the Services is
subject to Branch’s Privacy Policy, located at
https://legal.branch.io/#branchio-privacypolicy, or its successor URL. Branch’s
Privacy Policy does not cover your Digital Properties, or the use of your
Digital Properties, by your end users. It is your obligation to provide your own
privacy policy to your end users. You acknowledge that Branch has no direct
relationship or interface with your end users and that Branch’s ability to
comply with certain applicable data protection and privacy laws is dependent on
your compliance with the terms of this section of the Terms.
9.2 Data Analytics. You acknowledge and agree that Branch may collect and
process data from your Digital Properties as set forth in Branch’s Privacy
Policy with respect to your use of the Services. You grant to Branch a limited,
non-exclusive, non-sublicensable, non-transferable license to use the data
collected through the Services to provide, maintain, optimize and improve the
Services.
9.3 Data Security. Branch will maintain appropriate technical, administrative,
and physical safeguards designed to protect information on its servers,
including customer data, against unauthorized access, alteration, disclosure or
destruction. However, you acknowledge and agree that no method of transmission
over the Internet or method of electronic storage is completely secure, and that
Branch cannot guarantee the absolute security of such information
9.4 Compliance with Applicable Law. You will comply with all laws, regulations,
and self-regulatory guidelines applicable to your business and operations and to
your use of the Services, including those governing the privacy, security and
trans-border transfers of personal data (including, but not limited to,
compliance with the General Data Protection Regulation (EU 2016/679) ("GDPR")
and the California Consumer Privacy Act (“CCPA”)). Where required, you shall be
responsible for (a) obtaining verifiable consent, in the form required by
applicable laws, regulations, and self-regulatory guidelines, related to any
personal data collected, used, maintained, and shared with Branch, or that you
direct Branch to share with any third party; (b) ensuring that you otherwise
have any and all rights required in order to provide such data to Branch or to
direct Branch to share it with any third party; and (c) obtaining data properly
and in accordance with applicable law, including, without limitation, the U.S.
Children’s Online Privacy Protection Act (“COPPA”), and the Video Privacy
Protection Act (18 U.S.C. § 2710) (“VPPA”); and ; and (d) ensuring it does not
provide to Branch any other sensitive information, including without limitation
personally identifiable information that is afforded legal protection under
applicable regulation or laws (“PII”). To the extent that any of your users
request that you not share their data with Branch, or to the extent that you
believe that any data you may have provided to Branch was inappropriately
obtained, you shall inform Branch immediately. Branch shall have no
responsibility or liability to the extent resulting from, or arising out of your
use of the Services not in compliance with the Agreement, the Documentation or
applicable law.
9.5 CCPA. If any data collected through your use of the Services is deemed
personal information and is subject to the CCPA, then the terms set forth in the
Branch California Privacy Addendum (“California Privacy Addendum“) available at
https://legal.branch.io/#branchio-ca-privacy-addendum, or its successor URL,
shall apply to the use and processing of such personal information and shall be
incorporated by reference into, and made an integral part of, the Agreement.


10. RESTRICTED AREAS OF THE SERVICES

10.1 Registration Information. In order to access and use the Services, you will
register an account. Any information provided during such registration must be
current, complete and accurate (“Registration Information”). It is your sole
responsibility to ensure Registration Information is up to date at all times.
10.2 Access Credentials. Certain parts of the Services, including account
management features, may be password-restricted to registered users or other
authorized persons. You may select individuals (your employees or your
independent contractors) to access and use such parts and you will obtain
separate credentials, e.g., user IDs and passwords, from Branch for such
individuals (each, an " Authorized User").
10.3 Responsibility. You are responsible for all actions taken under an
Authorized User’s account, whether or not such action was taken by an Authorized
User or by another party, and whether or not such action was authorized by an
Authorized User. You are responsible for the security of each Authorized User’s
credentials and shall take all necessary steps to protect each Authorized User’s
credentials from disclosure. You will not share (and will instruct each
Authorized User not to share) such credentials with any other person or entity
or otherwise permit any other person or entity to access or use the Services.


11. LINKS AND THIRD-PARTY CONTENT

You may enable the Services to display, or contain links to, third party
products, services, and websites. Any opinions, advice, statements, services,
offers, or other information that constitute part of the content expressed,
authored, or made available by other users or other third parties on the
Services, or which is accessible through or may be located using the Services
(collectively, "Third-Party Content") are those of the respective authors or
producers and not of Branch or its shareholders, directors, officers, employees,
agents, or representatives. Branch does not control Third-Party Content and does
not guarantee the accuracy, integrity or quality of such Third-Party Content.
Branch is not responsible for the performance of, does not endorse, and is not
responsible or liable for, any Third-Party Content or any information or
materials advertised in any Third-Party Content. By using Branch’s Services, you
and/or your end users may be exposed to content that is offensive, indecent, or
objectionable. We are not responsible or liable, directly or indirectly, for any
damage or loss caused to you by your or a third party’s use of or reliance on
any goods, services, or information available on or through any third-party
service or Third-Party Content. It is your responsibility to evaluate the
information, opinion, advice, or other content available on and through our
Services.


12. TRADEMARKS

"Branch Metrics", the Branch Metrics logo, and any other trademarks or service
marks used by Branch or slogan displayed on the Services ("Branch Marks") are
trademarks of Branch and its suppliers or licensors, and may not be copied,
imitated or used, in whole or in part, without the prior written permission of
Branch or the applicable trademark holder. You may not use any metatags or any
other "hidden text" utilizing "Branch Metrics" or any other Branch Marks without
Branch’s prior written permission. In addition, the look and feel of the
Services, including all page headers, custom graphics, button icons and scripts,
is the trade dress of Branch and may not be copied, imitated or used, in whole
or in part, without Branch’s prior written permission. All other trademarks,
registered trademarks, product names and company names or logos mentioned in the
Services are the property of their respective owners. Reference to any products,
services, processes or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply endorsement,
sponsorship, or recommendation thereof by Branch.


13. AGENCIES & PARTNERS

13.1 Agency Client. If you are an agency or a party representing, or providing
services for the benefit of, a third party (“Agency Client“), you represent and
warrant that you are authorized to act on behalf of, and bind to the Agreement,
that Agency Client (and upon Branch’s request shall provide evidence thereof).
You further represent and warrant that such Agency Client has provided you with
explicit permission to collect on its behalf and view Agency Client’s data and
that you shall use such data strictly in accordance with the permissions
provided to you by such Agency Client and the terms of the Agreement. You shall
ensure that each Agency Client agrees to the terms of the Agreement and any
applicable Order Form(s) and agrees to abide by its terms, including without
limitation, Section 9 (Privacy Policy & Data Rights) of these Terms. You
acknowledge and agree that: (i) Branch makes no representations or warranties
for the direct or indirect benefit of any Agency Client; and (ii) you shall not
make any representations or warranties to such Agency Client on behalf of
Branch.
13.2 Partners. The Services enable you to measure and analyze its marketing
campaigns with certain partners that you work with, such as advertising
networks, publishers and analytics providers (“Partners“). For such purpose, you
may, through your configuration of the Services (“Partner Features”), direct
Branch to provide data to, and receive data from Partners relating to end users
(“Shared Data”). Pursuant to the foregoing, insofar as you make use of the
Partner Features, you hereby grant Branch the right to provide Shared Data with
Partners as to which you make use of the Partner Features (the “Permitted
Partners”) and to obtain and process Shared Data from Permitted Partners. You
acknowledge and agree that: (i) the sharing of such Shared Data between Branch
and Permitted Partners will be available only to the extent enabled by the
Permitted Partner and Branch; (ii) any use of Shared Data by a Permitted Partner
shall be subject to your own agreements with Permitted Partner; (iii) Branch
shall have no liability or responsibility in connection with any acts or
omissions by Permitted Partners; (iv) any use or processing of Shared Data may
be subject to certain limitations and restrictions imposed by Permitted
Partners, and that Branch is not responsible for fulfilling such limitations and
restrictions unless expressly agreed to in writing between you and Branch.


14. CONFIDENTIAL INFORMATION

14.1 Definition. Each party to these Terms (a “Receiving Party”) may have access
to, or become acquainted with, certain non-public confidential information of
the other party (a “Disclosing Party”) including without limitation all
information clearly identified as confidential at the time of disclosure
(“ConfidentialInformation”). You and Branch further agree that, subject to the
rights and licenses granted herein, each party's Confidential Information shall
include all non-public information regarding the Disclosing party, including
without limitation any customer, customer prospect, the terms, conditions and
pricing set forth in the Agreement and its Order Form(s), marketing, technical,
business and/or strategic plans or information provided by the Disclosing Party
to the Receiving party in the performance of the Services under the Agreement.
14.2 Use and Disclosure. Each party agrees as follows: (a) to use the
Confidential Information of the Disclosing Party only for the purposes permitted
by the Agreement, or as otherwise permitted by the Agreement (the "Purpose");
(b) to take all reasonable steps to ensure that the Disclosing Party’s
Confidential Information is not disclosed or distributed by the Receiving
Party’s employees or agents to another party in violation of the Agreement, but
in no event will the Receiving party use less effort to protect the Confidential
Information of the Disclosing Party than it uses to protect its own Confidential
Information of like importance; (c) to restrict access to the Confidential
Information disclosed by the Disclosing Party to such of the Receiving Party’s
employees, agents and third parties, if any, who have a legitimate need to have
access for the Purpose and who have agreed in writing or are otherwise bound to
treat such information in accordance with the Agreement; and (d) to return or
destroy all Confidential Information of the Disclosing Party’s written request,
after termination of the Agreement. The Receiving Party will not be obligated
under this confidentiality section with respect to information that: (a) is or
has become readily publicly available through no act or omission of the
Receiving Party or its employees or agents; (b) is received from a third party
lawfully in possession of such information and the Receiving Party has no
knowledge of any disclosure restrictions on such third party to disclose such
information; (c) is disclosed to a third party by the Disclosing Party without
restriction on disclosure; (d) was rightfully in the possession of the Receiving
Party without restriction prior to its disclosure by the Disclosing Party; or
(e) was independently developed by employees or consultants of the Receiving
Party without reliance on, or reference to, such Confidential Information.
14.3 Permitted Disclosures. Notwithstanding the foregoing, Confidential
Information may be disclosed as required by any court or governmental agency,
provided that before disclosing such information the Receiving Party must
provide the Disclosing Party with sufficient advance notice of the court or
agency’s request for the information to enable the Receiving Party to exercise
any rights it may have to challenge or limit the court or agency’s authority to
receive such Confidential Information, to the extent permitted by applicable
law.


15. PROPRIETARY RIGHTS

15.1 Proprietary Rights. As between you and Branch, you shall retain all right,
title and interest in your Digital Properties. If you choose to use Customer’s
Digital Properties with a Service, you grant Branch permission to allow the
Services to interoperate with your Digital Properties as required for the
interoperation of your Digital Properties with the Service. Subject to the
limited licenses granted herein, Branch acquires no right, title or interest
from you or your licensors under the Agreement in or to your Digital Properties.
Subject to the limited rights expressly granted hereunder, Branch, its
Affiliates, and its licensors reserve all of their right, title and interest in
and to the Services (including the Branch application programming interfaces and
the Branch software development kits), all technology utilized by Branch to
provide the Services, and all of their related intellectual property rights
related to, embodied by, or incorporated in any of the foregoing and including
any updates, upgrades, enhancements, modifications and improvements made to, or
derivatives of, the foregoing. No copyright is granted by Branch to Customer
hereunder. No rights are granted to Customer hereunder other than as expressly
set forth herein.
15.2 Feedback. Branch may provide you with a mechanism to provide feedback,
suggestions, and ideas, if you choose, about the Services ("Feedback"). You
agree that Branch may, in its sole discretion, use the Feedback you provide to
Branch in any way, including in future enhancements and modifications to the
Services. You hereby grant to Branch and its assigns a perpetual, worldwide,
fully transferable, sub-licensable, fully paid-up, irrevocable, royalty-free
license to use, reproduce, modify, create derivative works from, distribute, and
display the Feedback in any manner for any purpose, in any media, software, or
technology of any kind now existing or developed in the future, without any
obligation to provide attribution or compensation to you or any third party.


16. WARRANTY & DISCLAIMER OF WARRANTIES

16.1 Warranty. You represent and warrant to Branch that: (a) you are duly
organized under applicable law and have sufficient authority to enter into the
Agreement; (b) the person entering into the Agreement is authorized to agree to
and execute the Agreement on behalf of such party; and (c) the execution and
performance of the Agreement does not conflict with any contractual obligations
you have to any third party.
16.2 DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, THE SERVICES,
AND THE DOCUMENTATION ARE PROVIDED “AS IS,” WITHOUT REPRESENTATION OR WARRANTY
OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BRANCH EXPLICITLY DISCLAIMS ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE
OF PERFORMANCE, OR USAGE OF TRADE. Branch does not warrant the accuracy,
completeness, or usefulness of the Services, and the Documentation, nor does
Branch warrant that the Services will be free from errors, or that the
operations of the Services will be uninterrupted. You rely on the Services and
the Documentation at your own risk. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY THE
LIMITATIONS SET FORTH ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.


17. LIMITATION OF LIABILITY

17.1 INDIRECT LIABILITY. BRANCH AND ITS SUPPLIERS AND LICENSORS WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
LOSS OF REVENUE, GOODWILL, USE, DATA THAT IS INCOMPLETE, MISSING, OR INCORRECT,
OR OTHER INTANGIBLE LOSSES (EVEN IF BRANCH HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM THIS AGREEMENT.
17.2 DIRECT LIABILITY. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BRANCH
AND ITS SUPPLIERS AND LICENSORS RESULTING FROM THIS AGREEMENT (INCLUDING BUT NOT
LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER
ANY ACTION OR CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT
LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR
CONTRIBUTION, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO
BRANCH FOR USE OF THE SERVICES FOR THE TWELVE (12) MONTH PERIOD PRIOR TO THE
CLAIM IN THE AGGREGATE. SOME OF THE LIMITATIONS PROVIDED HEREIN MAY NOT BE
ALLOWED UNDER THE LAWS OF CERTAIN JURISDICTIONS.
IF ANY SUCH LAW IS DEEMED TO APPLY TO THE AGREEMENT THEN THE LIMITATIONS SET
FORTH HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAWS.


18. INDEMNITY

18.1 Indemnity. You will defend Branch, its Affiliates and their officers,
agents, employees, representatives, and assigns (“Branch Indemnified Parties”)
against any claim, demand suit or action against Branch brought by a third party
(a) arising from your use of the Services in a unlawful manner or in violation
of the Agreement or applicable Order Form, or usage of the Services in violation
of the Documentation or (b) alleging that any of your Digital Properties
developed or provided by you, or the combination of your Digital Properties used
with the Services, infringes or misappropriates such third party’s intellectual
property rights (c) based on your instructions to share Shared Data with a
Partner or (d) related to a regulatory investigation (each a “Claim Against
Branch”). You will indemnify Branch Indemnified Parties from any costs, damages,
and expenses finally awarded against Branch Indemnified Parties as a result of,
or for any amounts paid by Branch Indemnified Parties under a settlement
approved by you in writing of, a Claim Against Branch. The above defense and
indemnification obligations do not apply if a Claim Against Branch arises from
Branch’s breach of the Agreement, or applicable Order Forms.
18.2 Agency Indemnity. If you are an agency or a party representing, or
providing services for the benefit of an Agency Client, in addition to the
obligations set forth in the section “AGENCIES & PARTNERS” of these Terms, you
further agree to indemnify, hold harmless and defend Branch Indemnified Parties
from and against any claim, demand, suit, or action and any related liability
against a Branch Indemnified Party brought by a third party, arising out of or
relating to: (a) any representations and warranties made by you concerning any
aspect of the Services to an Agency Client; (b) any claims made by or on behalf
of any Agency Client arising out or relating to your use of the Services; and
(c) any claims arising out of or relating to acts or omissions of an Agency
Client in connection with the Services.
18.3 Indemnification Procedure. Your obligations to provide indemnification
under this Agreement will be contingent upon (a) Branch promptly giving you
written notice of any claim for which indemnification is sought (provided that
the Branch’s failure to notify you will not diminish your obligations under this
Section, except to the extent that you are materially prejudiced as a result of
such failure); (b) you having sole control of the defense and settlement of any
and all claims for which indemnification is sought (provided that no settlement
may be entered into without either (i) the consent of Branch if such settlement
would require any action on the part of Branch or (ii) unconditionally releasing
Branch of all liability); and (c) Branch giving You all reasonably requested
assistance at Your expense. Subject to the foregoing, Branch will at all times
have the option to participate in any matter or litigation through counsel of
its own selection solely at its own expense.


19. MISCELLANEOUS

19.1 Governing Law. The Agreement and all matters arising out of or relating to
the Agreement shall be governed by and construed under the laws of the State of
California, without regard to its conflict of law provisions. The parties
expressly disclaim and exclude the application of the United Nations Convention
on Contracts for the International Sale of Goods.
19.2 Venue. Any legal action or proceeding arising out of or relating to the
Agreement shall be brought exclusively in the state or federal courts located in
the Northern District of California. You and Branch hereby agree to submit to
the jurisdiction of, and agree that venue is proper in, those courts in any such
legal action or proceeding.
19.3 No Waiver; Severability. Our failure to enforce any right or provision in
the Agreement will not constitute a waiver of such right or provision unless
acknowledged and agreed to by us in writing. If any provision of the Agreement
is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that the Agreement will otherwise
remain in full force and effect and enforceable.
19.4 Assignment. The Agreement is not assignable, transferable or sublicensable
by you except with Branch’s prior written consent. Branch may transfer and
assign any of its rights and obligations under the Agreement freely and without
consent.
19.5 Entire Agreement. Both you and Branch agree that the Agreement is the
complete and exclusive statement of the mutual understanding of the Parties and
supersedes all previous written and oral agreements, communications and other
understandings relating to your use of the Services, and that all waivers and
modifications must be in a signed writing by both Parties, except as otherwise
provided herein. Preprinted terms in your purchase orders or other
customer-generated ordering documents, or terms referenced or linked within
them, will have no effect on the Agreement and are hereby rejected, regardless
of whether they are signed, clicked through, or otherwise agreed to by Branch
and/or purport to take precedence over the Agreement. In the event of any
conflict or inconsistency among the following documents, the order of precedence
shall be: (1) the applicable Order Form, (2) any exhibit, schedule or addendum
to the Agreement, (3) the body of these Terms, and (4) the Documentation.
19.6 Relationship between the Parties. The Parties are independent contractors.
No agency, partnership, joint venture, fiduciary or employment relationship is
created as a result of the Agreement, and you do not have any authority of any
kind to bind Branch in any respect whatsoever.
19.7 Export / Trade Compliance. The Services and any derivatives thereof, may be
subject to export control and economic sanctions laws and regulations of the
United States and other jurisdictions. Both Customer and Branch each represent
that it is not named on any U.S. Government Consolidated Screening denied-party
list which may be searched at:
https://www.export.gov/article?id=Consolidated-Screening-List. Customer shall
not permit any entity or individual to access or use any of the Services who is
listed on the Consolidated Screening List or located in a U.S.
government-embargoed country (currently Cuba, Iran, North Korea, Syria and
Crimea), or known to be engaged in proliferation of nuclear, chemical or
biological weapons or missiles, or otherwise in violation of any U.S. export law
or regulation.
19.8 Third Party Beneficiary. No provision of the Agreement is intended, nor
shall it be interpreted, to provide or create any third-party beneficiary rights
or any other rights of any kind in any customer, affiliate, stockholder,
partner, member, director, officer or employee of any party hereto or any other
person or entity.
19.9 Marketing Support. You agree to comply with reasonable requests of Branch
to support public relations efforts pertaining to the Services, which efforts
may include: (a) a press release highlighting your company’s use of the
Services; (b) participation in targeted press and analyst interviews
highlighting benefits of implementing the Services; and (c) participation in
customer case studies developed by Branch and used on Branch’s website(s) and
other collateral. You grant to Branch a non-exclusive, non-transferable, limited
right to use your name, trademarks, and logos (collectively, the "Customer
Marks") (i) for the purpose of referencing You as a customer of Branch on the
Branch website(s) and (ii) in the production of marketing materials, provided
that such use is in accordance with any trademark and logo use guidelines that
you provide to Branch. All goodwill developed from such use shall be solely for
your benefit.
19.10 Notices. Except as otherwise specified in the Agreement, all notices of
termination or an indemnifiable claim related to the Agreement (“Legal Notices”)
will be provided via email and will be effective upon receipt by e-mail as set
forth below. If to Branch, all notices shall be provided to legal@branch.io
("Branch Notices"). Billing-related notices to Customer will be provided via
email and addressed to the relevant billing contact designated by Customer on
the applicable Order Form. All Legal Notices and other notices to Customer will
be provided via email and addressed to the relevant Services account
administrator designated by Customer.


20. CONTACTING US

If you have any questions or concerns about our Services or these Terms, you may
contact us by email at info@branch.io

EFFECTIVE DECEMBER 29, 2022  TO  JANUARY 1, 2023

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TABLE OF CONTENTS

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Terms & Conditions

1. Introduction

These Terms & Conditions (“Terms”) are entered into by and between of Branch
Metrics, Inc., a Delaware corporation d/b/a Branch Metrics ("Branch," "Branch
Metrics," "we," or "us") and the entity or person accessing this website
(“Website”) or placing an order for or accessing any Services made available by
Branch Metrics (“Customer” or “you” or “your”). “Services" means the products
and services that are made available online by Branch under these Terms, the
“Beta Services”, as defined in these Terms, other services or products that
Branch may make available from time to time, including associated Branch offline
or mobile components. Services exclude (i) Web-based, mobile, offline or other
software application functionality that interoperates with a Service, that is
provided by Customer or a third party, and (ii) Third-Party Content, as defined
in these Terms. By indicating your acceptance of these Terms or using any of our
Services, you agree to be legally bound by, and use our Services in compliance
with, all terms, conditions, and notices in the Agreement. By agreeing to these
Terms, you warrant that you are authorized to agree to these Terms on behalf of
you and/or your company. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT
USE OUR WEBSITE OR ANY SERVICES.

2. Definitions

“Agreement” means these Terms together with any applicable Order Forms, and any
exhibits, appendices, schedules, or attachments identified or referenced in
these Terms, and any amendments attached hereto or hereafter attached by mutual
written agreement of the parties (all of which are incorporated herein by
reference).

“Order Form” means an ordering document or online order specifying the Services
to be provided hereunder that is entered into between Customer and Branch or any
of their Affiliates, including any addenda and supplements thereto. By entering
into an Order Form hereunder, an Affiliate agrees to be bound by the terms of
the Agreement as if it were an original party hereto.

“Documentation” means the applicable Service’s documentation and usage
guidelines at https://docs.branch.io/, or its successor URL.

“Affiliate” means any entity that directly or indirectly controls, is controlled
by, or is under common control with the subject entity. “Control,” for purposes
of this definition, means direct or indirect ownership or control of more than
50% of the voting interests of the subject entity.

Modifications. We may make changes to these Terms from time to time. When we do,
we will revise the "Last updated" date given above. It is your responsibility to
review these Terms frequently and to remain informed of any changes to them. The
then-current version of these Terms will supersede all earlier versions. You
agree that your continued use of our Services after such changes have been
published to our Services will constitute your acceptance of such revised Terms.

3. SERVICE ACCESS AND AVAILABILITY

Branch will make the Services available to you pursuant to the terms of the
Agreement and solely for Customer’s internal business needs. Branch shall: (a)
use commercially reasonable efforts to make the online Services available 24
hours a day, 7 days a week, except for: (i) planned downtime (of which Branch
shall give advance electronic notice), (ii) emergency maintenance that is
reasonably unforeseeable and necessary for purposes of maintaining the integrity
or operation of the Services, regardless of the notice provided by Branch and
(iii) any unavailability caused by circumstances beyond Branch’s reasonable
control, including, for example, an act of God, act of government, flood, fire,
earthquake, civil unrest, act of terror, strike or other labor problem (other
than one involving Branch employees), Internet service provider failure or
delay, integrated third party applications , or denial of service attack, and
(b) provide the Services in accordance with laws and government regulations
applicable to Branch’s provision of its Services to its customers generally
(i.e., without regard for Customer’s particular use of the Services), and
subject to Customer’s use of the Services in accordance with the Agreement, the
Documentation and the applicable Order Form. Your rights to access and use the
Services are limited by all terms set forth in the Agreement.

4. USE RESTRICTIONS; UPDATES & SUPPORT

4.1 Use Restrictions. You must comply with all applicable laws when
implementing, configuring, and using the Services. Except as expressly permitted
under these Terms, you will not, and will not permit anyone else to: (a) make
the functionality of the Services to any third party through any means,
including, without limitation, any hosting, application services provider,
service bureau, or other type of service; (b) use any automated tool (e.g.,
robots, spiders) to access or use the Services; (c) rent, lease, or sublicense
your access to the Services to another person; (d) circumvent or disable any
digital rights management, usage rules, or other security features of the
Services or attempt to gain unauthorized access to the Services or its related
systems or networks; (e) use the Services in a manner that overburdens, or that
threatens the integrity, performance, or availability of, the Services; (f)
remove, alter, or obscure any proprietary notices (including copyright and
trademark notices) on any portion of the Services; (g) send material containing
software viruses, worms, trojan horses, or other harmful computer code, files,
scripts, agents, or programs; (h) use Branch’s Services in violation of Branch’s
Acceptable Use Policy available at https://legal.branch.io/#branchio-aup, or its
successor URL; or (i) use the Services in connection with any Apps or websites
that are directed to children under 13 (and in certain jurisdictions under the
age of 16), without employing appropriate settings within the Branch SDKs to
limit data collection from such children in accordance with applicable law. More
information on these settings is available here. If you have questions about how
to use these settings or have any reason to believe that these resources may not
address your particular use case, please reach out to the Branch Support team
via the “Submit a Ticket” function at http://help.branch.io/, or its successor
URL. Notwithstanding anything to the contrary in the Agreement, use of the
Services in violation of the foregoing restrictions by Customer that, in
Branch’s judgment, threatens the integrity, performance, availability, or
security of the Services may result in Branch’s immediate suspension of, or
limitation in Customer’s access to, the Services.

4.2 Updates and Support. Branch will maintain, support, update, and provide
error corrections for the Services to the same extent it does so for its
customers generally. Ultimately, you are responsible for timely integration and
launch of the Services. If Branch provides you with an update or maintenance
release for the offline components of the Branch Services, unless you receive a
separate license from Branch for that update or release that expressly
supersedes these Terms, such update or release will be subject to the terms and
conditions of these Terms. Branch shall have no liability for any damages that
may result from Customer’s failure to implement upgrades or updates to the
Services provided that Customer is notified in writing by Branch of an upgrade
or update. All support requests must be sent to the Branch Support team via the
“Submit a Ticket” function at http://help.branch.io/, or its successor URL.

5. BETA SERVICES

From time to time, Branch may invite You to try Beta Services. “Beta Services”
means Our services or functionality that are not generally available to
customers at no additional charge and that may be made available to You to try
at Your option which are designated as beta, pilot, limited release, developer
preview, non-production, evaluation, or by a similar description. You may accept
or decline any such trial in Your sole discretion. Beta Services are for
evaluation purposes only and not for production use, are not subject to any
service level agreements (SLAs) agreed to between you and Branch, and may be
subject to additional terms. Branch is under no obligation to, maintain,
support, update, or provide error corrections for the Beta Services. Branch may
discontinue Beta Services at any time in Branch’s sole discretion and reserves
the right to never make them generally available. BRANCH WILL HAVE NO LIABILITY
FOR ANY HARM OR DAMAGE ARISING OUT OF, OR IN CONNECTION WITH, CUSTOMER’S USE OF
A BETA SERVICE. THE BETA SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE, AND ARE
EXCLUSIVE OF ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE FOREGOING, WITH
RESPECT TO THE BETA SERVICES, BRANCH EXPLICITLY DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE OF TRADE. In the event of a conflict or inconsistency
between this section and any other provision of the Agreement, the terms of this
section “BETA SERVICES” shall control and prevail with respect to Beta Services.

6. PAID SERVICE TERMS

6.1 Fees. You shall pay to Branch all fees specified in an Order Form or, if
there is no Order Form executed by the Parties, you shall pay the fees set forth
at the applicable rates available at https://branch.io/pricing/, or its
successor URL (“Fees”). You are responsible for all undisputed Fees, even if
such Fees are due and payable after termination of the Services, or any portion
thereof. Fees are non-cancellable and failure to use the Services does not
constitute a basis for refusing to pay any Fees. Except as expressly provided in
an applicable Order Form, you will not receive any refund or prorated refund for
amounts previously paid or amounts owed for the term of the Order Form.

6.2 Payments & Invoicing. To the extent you procure the Services with an
applicable Order Form(s), invoices for the applicable Fees shall be sent to you
via email to the email address(es) you designate in your account when signing up
for Services, and you shall pay the Fees due upon receipt of such invoice. To
the extent you procure the Services under an applicable Order Form, any relevant
paid service-specific terms including, for example, contract duration, monthly
fees, billing frequency, payment forms, and payment term will be addressed
within an associated Order Form. All Fees set forth in an applicable Order Form
shall be invoiced in advance in accordance with the billing frequency stated
therein. Fees are payable in United States dollars. You shall be responsible for
the payment of any fees associated with an electronic funds transfer (i.e., ACH,
wire transfer) when issuing payment to Branch, which includes fees from Your
financial institution and intermediary banks. You are responsible for providing
complete and accurate billing and contact information to Branch and notifying
Branch of any changes to such information. In certain instances where your
payment method is via credit card, the issuer of the credit card may charge a
transaction fee or related charges, which you will be responsible to pay.

6.3 Payment by Credit Card. In certain instances where your payment method is
via credit card, the issuer of the credit card may charge a transaction fee or
related charges, which you will be responsible to pay. Fees will be billed to
the credit card nominated by you and you authorize the card issuer to pay all
such amounts and authorize Branch (or its billing agent) to charge the credit
card account until you or Branch cancels or terminates the Services as set forth
herein; provided that if payment is not received from the credit card issuer,
the transaction is returned after the payment has been settled, otherwise known
as chargeback, or if there are insufficient funds in the case of check or debit
card payments, you agree to pay all amounts plus any applicable transaction fees
(e.g., NSF fees, chargeback fees) due upon demand.

6.4 Payment Disputes. If you have concerns about any charges on your invoice,
you agree to the following dispute resolution process: (i) all billing disputes
must be submitted in writing to billing@branch.io, (ii) billing disputes must be
submitted within 90 days of the date the invoice was generated, and (iii)
undisputed amounts will be subject to the Agreement and total payment for
undisputed invoices or amounts must be submitted when due.

6.5 Suspension or Cancellation of Service; Payment Acceleration. Without
derogating from any other remedies available to Branch under the Agreement or by
applicable law, if you owe any undisputed Fees 30 days or more past due in
connection with any Services provided by Branch under any applicable Order Form,
then, without affecting any of your payment obligations under the Agreement
(including, any payment obligations under an Order Form), Branch is entitled to
take further action including but not limited to accelerating your unpaid fee
obligations under such agreement so that all such obligations become immediately
due and payable, and suspending and/or canceling your access to the Services
until such amounts are paid in full. Branch reserves the right to send your
account to a collections agency for nonpayment (which may, in turn, report the
uncollected debt to credit bureaus) and to use your contact information for debt
collection purposes if the Agreement is terminated for non-payment as set forth
herein following a 10-day cure period.

6.6 Taxes. Branch’s Fees do not include any local, state, or federal sales, use,
excise, personal property, VAT, or other similar taxes, duties, levies, tariffs,
and other governmental charges (including, without limitation, any withholding
tax, and any such taxes, to the extent legally applicable, which shall be borne
and paid by Customer) (collectively, "Taxes"). If Branch has the legal
obligation to pay or collect Taxes for which you are responsible under this
section, Branch will invoice you and you will pay that amount unless you provide
Branch with a valid tax exemption certificate authorized by the appropriate
taxing authority. For clarity, you are responsible for payment of all Taxes
resulting from any Fees payable hereunder, other than any taxes based on
Branch’s net income, property, and employees.

6.7 Withholding Taxes. In the event Fees payable by you to Branch under the
Agreement are subject to any applicable withholding tax, goods and services tax,
or similar taxes required by any tax authority and you are required by
applicable law to remit such withholding tax, you: (a) may withhold and deduct
from any payments to Branch under the Agreement an amount equivalent to any
applicable withholding tax to the extent required by applicable law
("Withholding Tax"), (b) will pay to the relevant taxation authority the amount
of such applicable withholdings in accordance with applicable law; and (c) will
pay to Branch the applicable amounts under this Agreement net of such
Withholding Tax. You shall be discharged from the obligation to pay Withholding
Tax amounts to Branch provided that (1) you have remitted such amount to the
relevant taxation authority and (2) you furnish Branch with (i) your tax
registration certificate(s) as proof of registration with the applicable
taxation authority, and (ii) any and all relevant tax forms and/or statements
with proof of Withholding Tax remittance amount to the taxation authority, the
applicable rate, and other information which may reasonably be requested for the
purpose of assisting Branch to seek any allowable credits or deductions for the
Withholding Tax so withheld in each jurisdiction where you are subject to tax.

6.8 Overdue Charges. If any invoiced amount is not received by Branch by the due
date set forth in the applicable invoice, then without limiting Branch’s rights
or remedies, (a) those charges may accrue late interest at the rate of 2.5% of
the outstanding balance per month, and (b) Branch may condition future Order
Form renewals on payment terms shorter than those specified in the applicable
Order Form. You are prohibited from creating new accounts until the Fees due are
paid in full.

6.9 Term for Paid Services. Except as expressly set forth herein, the terms set
forth in these Terms shall be in force for as long as an Order Form referencing
the Agreement is in effect. Except as otherwise agreed to by you and Branch in a
superseding Order Form, at the end of an applicable term, your access to the
Services will automatically renew under the same Order Form terms (contract
duration, billing frequency, payment period, etc.), unless and until your access
to the Services is terminated in accordance with this section or either party to
these Terms provides the other with notice of non-renewal (email sufficient; if
to Branch, please email billing@branch.io) at least thirty (30) days prior to
the commencement of any renewal period.

6.10 Termination by Branch. Except as expressly agreed to by you and Branch in a
superseding Order Form, Branch reserves the right to modify or discontinue,
temporarily or permanently, all or any portion of the Services immediately upon
at least thirty (30) days’ written notice (email sufficient), provided that
Branch will promptly provide a pro-rated refund of all pre-paid and unearned
amounts based on the period of suspension or the date of discontinuance, as
applicable. Branch may also, in its sole discretion, terminate your access to
the Services or any portion thereof if you violate any terms of the Agreement,
unless you cure such breach within thirty (30) days of the date Branch provides
written notice to you of such violation. Termination by Branch for your
violation of these Terms will be effective as of the last day of the 30-day cure
period provided herein or immediately to the extent such violation reasonably
cannot be cured. Upon termination of the Agreement, any outstanding balance
through the effective date of termination and other unpaid payment obligations
will be immediately due and payable in full.

7. TERMINATION

Except with respect to paid services, as to which the terms and conditions
governing termination are set forth above in the section "PAID SERVICE TERMS" of
these Terms above, You acknowledge and agree that Branch, in its sole
discretion, may terminate your use of the Services without prior notice for any
reason at any time. You agree that Branch shall not be liable to you or any
third party for termination by Branch. Except when subject to a binding contract
duration (see any applicable Order Form), you may terminate your access to and
use of the Services at any time by providing written notice to Branch via the
“Submit a Ticket” function at http://help.branch.io/, or its successor URL).
Such termination will be effective as of the last day of the calendar month
during which such termination notice is received.

8. SURVIVAL

Upon termination of the Agreement, those sections of these Terms that by their
nature would reasonably be expected to survive will survive termination or
expiration of these Terms, including but not limited to the sections on
Termination, Privacy Policy & Data Rights, Confidential Information, Proprietary
Rights, Limitation of Liability, and Legal Notices.

9. PRIVACY POLICY & DATA RIGHTS

9.1 Privacy Policy.

(a) You acknowledge and agree that you will provide a privacy policy to your end
users, which shall be in compliance with applicable laws and self-regulatory
guidelines, including, without limitation each of the Self-Regulatory Principles
of the Digital Advertising Alliance ("DAA"), currently available at
http://www.aboutads.info/principles, and the Principles of the European
Interactive Digital Alliance ("EDAA"), currently available at
http://www.edaa.eu/european-principles/, as each set of principles may be
amended from time to time.

(b) Your privacy policy will further include clear, meaningful, and conspicuous
notice consistent with applicable laws, regulations, and self-regulatory
guidelines that includes, at minimum, the following: (a) disclosure regarding
your practices with regard to cookies and/or targeting and online behavioral
advertising; the types of data you collect for this purpose; and your data
collection, use and disclosure practices (including that by visiting your
Digital Properties, third parties may place cookies on end user browsers, or use
non-cookie technology, to collect data that you may use for this purpose); and
(b) information regarding how end users may opt out from receiving targeted
advertisements by visiting the NAI website opt-out page here:
http://www.networkadvertising.org/choices/, the DAA opt-out page here:
http://www.aboutads.info/, and/or the EDAA opt-out page here:
http://www.youronlinechoices.eu/. Your “Digital Properties” means your mobile
applications, websites and program code created by or for you for use by you
with the Services.

(c) You further agree to obtain consent to your practices from your end users
with regard to cookies and/or targeting and online behavioral advertising to the
extent required by applicable laws, regulations, and self-regulatory guidelines.
If you use Branch’s Engagement Builder feature, you agree to respect opt-out
flags passed by Branch to you if you use Engagement Builder data for targeted
advertisements. You acknowledge and agree that your use of the Services is
subject to Branch’s Privacy Policy, located at
https://legal.branch.io/#branchio-privacypolicy, or its successor URL. Branch’s
Privacy Policy does not cover your Digital Properties, or the use of your
Digital Properties, by your end users. It is your obligation to provide your own
privacy policy to your end users. You acknowledge that Branch has no direct
relationship or interface with your end users and that Branch’s ability to
comply with certain applicable data protection and privacy laws is dependent on
your compliance with the terms of this section of the Terms.

9.2 Data Analytics. You acknowledge and agree that Branch may collect and
process data from your Digital Properties as set forth in Branch’s Privacy
Policy with respect to your use of the Services. You grant to Branch a limited,
non-exclusive, non-sublicensable, non-transferable license to use the data
collected through the Services to provide, maintain, optimize and improve the
Services.

9.3 Data Security. Branch will maintain appropriate technical, administrative,
and physical safeguards designed to protect information on its servers,
including customer data, against unauthorized access, alteration, disclosure or
destruction. However, you acknowledge and agree that no method of transmission
over the Internet or method of electronic storage is completely secure, and that
Branch cannot guarantee the absolute security of such information.

9.4 Compliance with Applicable Law. You will comply with all laws, regulations,
and self-regulatory guidelines applicable to your business and operations and to
your use of the Services, including those governing the privacy, security and
trans-border transfers of personal data (including, but not limited to,
compliance with the General Data Protection Regulation (EU 2016/679) ("GDPR")
and the California Consumer Privacy Act (“CCPA”)). Where required, you shall be
responsible for (a) obtaining verifiable consent, in the form required by
applicable laws, regulations, and self-regulatory guidelines, related to any
personal data collected, used, maintained, and shared with Branch, or that you
direct Branch to share with any third party; (b) ensuring that you otherwise
have any and all rights required in order to provide such data to Branch or to
direct Branch to share it with any third party; and (c) obtaining data properly
and in accordance with applicable law, including, without limitation, the U.S.
Children’s Online Privacy Protection Act (“COPPA”), and the Video Privacy
Protection Act (18 U.S.C. § 2710) (“VPPA”); and ; and (d) ensuring it does not
provide to Branch any other sensitive information, including without limitation
personally identifiable information that is afforded legal protection under
applicable regulation or laws (“PII”). To the extent that any of your users
request that you not share their data with Branch, or to the extent that you
believe that any data you may have provided to Branch was inappropriately
obtained, you shall inform Branch immediately. Branch shall have no
responsibility or liability to the extent resulting from, or arising out of your
use of the Services not in compliance with the Agreement, the Documentation or
applicable law.

9.5 CCPA. If any data collected through your use of the Services is deemed
personal information and is subject to the CCPA, then the terms set forth in the
Branch California Privacy Addendum (“California Privacy Addendum“) available at
https://legal.branch.io/#branchio-ca-privacy-addendum, or its successor URL,
shall apply to the use and processing of such personal information and shall be
incorporated by reference into, and made an integral part of, the Agreement.

10. RESTRICTED AREAS OF THE SERVICES

10.1 Registration Information. In order to access and use the Services, you will
register an account. Any information provided during such registration must be
current, complete and accurate (“Registration Information”). It is your sole
responsibility to ensure Registration Information is up to date at all times.

10.2 Access Credentials. Certain parts of the Services, including account
management features, may be password-restricted to registered users or other
authorized persons. You may select individuals (your employees or your
independent contractors) to access and use such parts and you will obtain
separate credentials, e.g., user IDs and passwords, from Branch for such
individuals (each, an "Authorized User").

10.3 Responsibility. You are responsible for all actions taken under an
Authorized User’s account, whether or not such action was taken by an Authorized
User or by another party, and whether or not such action was authorized by an
Authorized User. You are responsible for the security of each Authorized User’s
credentials and shall take all necessary steps to protect each Authorized User’s
credentials from disclosure. You will not share (and will instruct each
Authorized User not to share) such credentials with any other person or entity
or otherwise permit any other person or entity to access or use the Services.

11. LINKS AND THIRD-PARTY CONTENT

You may enable the Services to display, or contain links to, third party
products, services, and websites. Any opinions, advice, statements, services,
offers, or other information that constitute part of the content expressed,
authored, or made available by other users or other third parties on the
Services, or which is accessible through or may be located using the Services
(collectively, "Third-Party Content") are those of the respective authors or
producers and not of Branch or its shareholders, directors, officers, employees,
agents, or representatives. Branch does not control Third-Party Content and does
not guarantee the accuracy, integrity or quality of such Third-Party Content.
Branch is not responsible for the performance of, does not endorse, and is not
responsible or liable for, any Third-Party Content or any information or
materials advertised in any Third-Party Content. By using Branch’s Services, you
and/or your end users may be exposed to content that is offensive, indecent, or
objectionable. We are not responsible or liable, directly or indirectly, for any
damage or loss caused to you by your or a third party’s use of or reliance on
any goods, services, or information available on or through any third-party
service or Third-Party Content. It is your responsibility to evaluate the
information, opinion, advice, or other content available on and through our
Services.

12. TRADEMARKS

"Branch Metrics", the Branch Metrics logo, and any other trademarks or service
marks used by Branch or slogan displayed on the Services ("Branch Marks") are
trademarks of Branch and its suppliers or licensors, and may not be copied,
imitated or used, in whole or in part, without the prior written permission of
Branch or the applicable trademark holder. You may not use any metatags or any
other "hidden text" utilizing "Branch Metrics" or any other Branch Marks without
Branch’s prior written permission. In addition, the look and feel of the
Services, including all page headers, custom graphics, button icons and scripts,
is the trade dress of Branch and may not be copied, imitated or used, in whole
or in part, without Branch’s prior written permission. All other trademarks,
registered trademarks, product names and company names or logos mentioned in the
Services are the property of their respective owners. Reference to any products,
services, processes or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply endorsement,
sponsorship, or recommendation thereof by Branch.

13. AGENCIES & PARTNERS

13.1 Agency Client. If you are an agency or a party representing, or providing
services for the benefit of, a third party (“Agency Client“), you represent and
warrant that you are authorized to act on behalf of, and bind to the Agreement,
that Agency Client (and upon Branch’s request shall provide evidence thereof).
You further represent and warrant that such Agency Client has provided you with
explicit permission to collect on its behalf and view Agency Client’s data and
that you shall use such data strictly in accordance with the permissions
provided to you by such Agency Client and the terms of the Agreement. You shall
ensure that each Agency Client agrees to the terms of the Agreement and any
applicable Order Form(s) and agrees to abide by its terms, including without
limitation, Section 9 (Privacy Policy & Data Rights) of these Terms. You
acknowledge and agree that: (i) Branch makes no representations or warranties
for the direct or indirect benefit of any Agency Client; and (ii) you shall not
make any representations or warranties to such Agency Client on behalf of
Branch.

13.2 Partners. The Services enable you to measure and analyze its marketing
campaigns with certain partners that you work with, such as advertising
networks, publishers and analytics providers (“Partners“). For such purpose, you
may, through your configuration of the Services (“Partner Features”), direct
Branch to provide data to, and receive data from Partners relating to end users
(“Shared Data”). Pursuant to the foregoing, insofar as you make use of the
Partner Features, you hereby grant Branch the right to provide Shared Data with
Partners as to which you make use of the Partner Features (the “Permitted
Partners”) and to obtain and process Shared Data from Permitted Partners. You
acknowledge and agree that: (i) the sharing of such Shared Data between Branch
and Permitted Partners will be available only to the extent enabled by the
Permitted Partner and Branch; (ii) any use of Shared Data by a Permitted Partner
shall be subject to your own agreements with Permitted Partner; (iii) Branch
shall have no liability or responsibility in connection with any acts or
omissions by Permitted Partners; (iv) any use or processing of Shared Data may
be subject to certain limitations and restrictions imposed by Permitted
Partners, and that Branch is not responsible for fulfilling such limitations and
restrictions unless expressly agreed to in writing between you and Branch.

14. CONFIDENTIAL INFORMATION

14.1 Definition. Each party to these Terms (a “Receiving Party”) may have access
to, or become acquainted with, certain non-public confidential information of
the other party (a “Disclosing Party”) including without limitation all
information clearly identified as confidential at the time of disclosure
(“Confidential Information”). You and Branch further agree that, subject to the
rights and licenses granted herein, each party's Confidential Information shall
include all non-public information regarding the Disclosing party, including
without limitation any customer, customer prospect, the terms, conditions and
pricing set forth in the Agreement and its Order Form(s), marketing, technical,
business and/or strategic plans or information provided by the Disclosing Party
to the Receiving party in the performance of the Services under the Agreement.

14.2 Use and Disclosure. Each party agrees as follows: (a) to use the
Confidential Information of the Disclosing Party only for the purposes permitted
by the Agreement, or as otherwise permitted by the Agreement (the “Purpose”);
(b) to take all reasonable steps to ensure that the Disclosing Party’s
Confidential Information is not disclosed or distributed by the Receiving
Party’s employees or agents to another party in violation of the Agreement, but
in no event will the Receiving party use less effort to protect the Confidential
Information of the Disclosing Party than it uses to protect its own Confidential
Information of like importance; (c) to restrict access to the Confidential
Information disclosed by the Disclosing Party to such of the Receiving Party’s
employees, agents and third parties, if any, who have a legitimate need to have
access for the Purpose and who have agreed in writing or are otherwise bound to
treat such information in accordance with the Agreement; and (d) to return or
destroy all Confidential Information of the Disclosing Party’s written request,
after termination of the Agreement. The Receiving Party will not be obligated
under this confidentiality section with respect to information that: (a) is or
has become readily publicly available through no act or omission of the
Receiving Party or its employees or agents; (b) is received from a third party
lawfully in possession of such information and the Receiving Party has no
knowledge of any disclosure restrictions on such third party to disclose such
information; (c) is disclosed to a third party by the Disclosing Party without
restriction on disclosure; (d) was rightfully in the possession of the Receiving
Party without restriction prior to its disclosure by the Disclosing Party; or
(e) was independently developed by employees or consultants of the Receiving
Party without reliance on, or reference to, such Confidential Information.

14.3 Permitted Disclosures. Notwithstanding the foregoing, Confidential
Information may be disclosed as required by any court or governmental agency,
provided that before disclosing such information the Receiving Party must
provide the Disclosing Party with sufficient advance notice of the court or
agency’s request for the information to enable the Receiving Party to exercise
any rights it may have to challenge or limit the court or agency’s authority to
receive such Confidential Information, to the extent permitted by applicable
law.

15. PROPRIETARY RIGHTS

15.1 Proprietary Rights. As between you and Branch, you shall retain all right,
title and interest in your Digital Properties. If you choose to use Customer’s
Digital Properties with a Service, you grant Branch permission to allow the
Services to interoperate with your Digital Properties as required for the
interoperation of your Digital Properties with the Service. Subject to the
limited licenses granted herein, Branch acquires no right, title or interest
from you or your licensors under the Agreement in or to your Digital Properties.
Subject to the limited rights expressly granted hereunder, Branch, its
Affiliates, and its licensors reserve all of their right, title and interest in
and to the Services (including the Branch application programming interfaces and
the Branch software development kits), all technology utilized by Branch to
provide the Services, and all of their related intellectual property rights
related to, embodied by, or incorporated in any of the foregoing and including
any updates, upgrades, enhancements, modifications and improvements made to, or
derivatives of, the foregoing. No copyright is granted by Branch to Customer
hereunder. No rights are granted to Customer hereunder other than as expressly
set forth herein.

15.2 Feedback. Branch may provide you with a mechanism to provide feedback,
suggestions, and ideas, if you choose, about the Services ("Feedback"). You
agree that Branch may, in its sole discretion, use the Feedback you provide to
Branch in any way, including in future enhancements and modifications to the
Services. You hereby grant to Branch and its assigns a perpetual, worldwide,
fully transferable, sub-licensable, fully paid-up, irrevocable, royalty-free
license to use, reproduce, modify, create derivative works from, distribute, and
display the Feedback in any manner for any purpose, in any media, software, or
technology of any kind now existing or developed in the future, without any
obligation to provide attribution or compensation to you or any third party.

16. WARRANTY & DISCLAIMER OF WARRANTIES

16.1 Warranty. You represent and warrant to Branch that: (a) you are duly
organized under applicable law and have sufficient authority to enter into the
Agreement; (b) the person entering into the Agreement is authorized to agree to
and execute the Agreement on behalf of such party; and (c) the execution and
performance of the Agreement does not conflict with any contractual obligations
you have to any third party.

16.2 DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, THE SERVICES,
AND THE DOCUMENTATION ARE PROVIDED “AS IS,” WITHOUT REPRESENTATION OR WARRANTY
OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BRANCH EXPLICITLY DISCLAIMS ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE
OF PERFORMANCE, OR USAGE OF TRADE. Branch does not warrant the accuracy,
completeness, or usefulness of the Services, and the Documentation, nor does
Branch warrant that the Services will be free from errors, or that the
operations of the Services will be uninterrupted. You rely on the Services and
the Documentation at your own risk. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY THE
LIMITATIONS SET FORTH ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.

17. LIMITATION OF LIABILITY

17.1 INDIRECT LIABILITY. BRANCH AND ITS SUPPLIERS AND LICENSORS WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
LOSS OF REVENUE, GOODWILL, USE, DATA THAT IS INCOMPLETE, MISSING, OR INCORRECT,
OR OTHER INTANGIBLE LOSSES (EVEN IF BRANCH HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM THIS AGREEMENT.

17.2 DIRECT LIABILITY. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BRANCH
AND ITS SUPPLIERS AND LICENSORS RESULTING FROM THIS AGREEMENT (INCLUDING BUT NOT
LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER
ANY ACTION OR CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT
LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR
CONTRIBUTION, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO
BRANCH FOR USE OF THE SERVICES FOR THE TWELVE (12) MONTH PERIOD PRIOR TO THE
CLAIM IN THE AGGREGATE. SOME OF THE LIMITATIONS PROVIDED HEREIN MAY NOT BE
ALLOWED UNDER THE LAWS OF CERTAIN JURISDICTIONS. IF ANY SUCH LAW IS DEEMED TO
APPLY TO THE AGREEMENT THEN THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED UNDER SUCH LAWS.

18. INDEMNITY

18.1 Indemnity. You will defend Branch, its Affiliates and their officers,
agents, employees, representatives, and assigns (“Branch Indemnified Parties”)
against any claim, demand suit or action against Branch brought by a third party
(a) arising from your use of the Services in a unlawful manner or in violation
of the Agreement or applicable Order Form, or usage of the Services in violation
of the Documentation or (b) alleging that any of your Digital Properties
developed or provided by you, or the combination of your Digital Properties used
with the Services, infringes or misappropriates such third party’s intellectual
property rights (c) based on your instructions to share Shared Data with a
Partner or (d) related to a regulatory investigation (each a “Claim Against
Branch”). You will indemnify Branch Indemnified Parties from any costs, damages,
and expenses finally awarded against Branch Indemnified Parties as a result of,
or for any amounts paid by Branch Indemnified Parties under a settlement
approved by you in writing of, a Claim Against Branch. The above defense and
indemnification obligations do not apply if a Claim Against Branch arises from
Branch’s breach of the Agreement, or applicable Order Forms.

18.2 Agency Indemnity. If you are an agency or a party representing, or
providing services for the benefit of an Agency Client, in addition to the
obligations set forth in the section “AGENCIES & PARTNERS” of these Terms, you
further agree to indemnify, hold harmless and defend Branch Indemnified Parties
from and against any claim, demand, suit, or action and any related liability
against a Branch Indemnified Party brought by a third party, arising out of or
relating to: (a) any representations and warranties made by you concerning any
aspect of the Services to an Agency Client; (b) any claims made by or on behalf
of any Agency Client arising out or relating to your use of the Services; and
(c) any claims arising out of or relating to acts or omissions of an Agency
Client in connection with the Services.

18.3 Indemnification Procedure. Your obligations to provide indemnification
under this Agreement will be contingent upon (a) Branch promptly giving you
written notice of any claim for which indemnification is sought (provided that
the Branch’s failure to notify you will not diminish your obligations under this
Section, except to the extent that you are materially prejudiced as a result of
such failure); (b) you having sole control of the defense and settlement of any
and all claims for which indemnification is sought (provided that no settlement
may be entered into without either (i) the consent of Branch if such settlement
would require any action on the part of Branch or (ii) unconditionally releasing
Branch of all liability); and (c) Branch giving You all reasonably requested
assistance at Your expense. Subject to the foregoing, Branch will at all times
have the option to participate in any matter or litigation through counsel of
its own selection solely at its own expense.

19. MISCELLANEOUS

19.1 Governing Law. The Agreement and all matters arising out of or relating to
the Agreement shall be governed by and construed under the laws of the State of
California, without regard to its conflict of law provisions. The Parties
expressly disclaim and exclude the application of the United Nations Convention
on Contracts for the International Sale of Goods.

19.2 Venue. Any legal action or proceeding arising out of or relating to the
Agreement shall be brought exclusively in the state or federal courts located in
the Northern District of California. You and Branch hereby agree to submit to
the jurisdiction of, and agree that venue is proper in, those courts in any such
legal action or proceeding.

19.3 No Waiver; Severability. Our failure to enforce any right or provision in
the Agreement will not constitute a waiver of such right or provision unless
acknowledged and agreed to by us in writing. If any provision of the Agreement
is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that the Agreement will otherwise
remain in full force and effect and enforceable.

19.4 Assignment. The Agreement is not assignable, transferable or sublicensable
by you except with Branch’s prior written consent. Branch may transfer and
assign any of its rights and obligations under the Agreement freely and without
consent.

19.5 Entire Agreement. Both you and Branch agree that the Agreement is the
complete and exclusive statement of the mutual understanding of the Parties and
supersedes all previous written and oral agreements, communications and other
understandings relating to your use of the Services, and that all waivers and
modifications must be in a signed writing by both Parties, except as otherwise
provided herein. Preprinted terms in your purchase orders or other
customer-generated ordering documents, or terms referenced or linked within
them, will have no effect on the Agreement and are hereby rejected, regardless
of whether they are signed, clicked through, or otherwise agreed to by Branch
and/or purport to take precedence over the Agreement. In the event of any
conflict or inconsistency among the following documents, the order of precedence
shall be: (1) the applicable Order Form, (2) any exhibit, schedule or addendum
to the Agreement, (3) the body of these Terms, and (4) the Documentation.

19.6 Relationship between the Parties. The Parties are independent contractors.
No agency, partnership, joint venture, fiduciary or employment relationship is
created as a result of the Agreement, and you do not have any authority of any
kind to bind Branch in any respect whatsoever.

19.7 Export / Trade Compliance. The Services and any derivatives thereof, may be
subject to export control and economic sanctions laws and regulations of the
United States and other jurisdictions. Both Customer and Branch each represent
that it is not named on any U.S. Government Consolidated Screening denied-party
list which may be searched at:
https://www.export.gov/article?id=Consolidated-Screening-List. Customer shall
not permit any entity or individual to access or use any of the Services who is
listed on the Consolidated Screening List or located in a U.S.
government-embargoed country (currently Cuba, Iran, North Korea, Syria and
Crimea), or known to be engaged in proliferation of nuclear, chemical or
biological weapons or missiles, or otherwise in violation of any U.S. export law
or regulation.

19.8 Third Party Beneficiary. No provision of the Agreement is intended, nor
shall it be interpreted, to provide or create any third-party beneficiary rights
or any other rights of any kind in any customer, affiliate, stockholder,
partner, member, director, officer or employee of any party hereto or any other
person or entity.

19.9 Marketing Support. You agree to comply with reasonable requests of Branch
to support public relations efforts pertaining to the Services, which efforts
may include: (a) a press release highlighting your company’s use of the
Services; (b) participation in targeted press and analyst interviews
highlighting benefits of implementing the Services; and (c) participation in
customer case studies developed by Branch and used on Branch’s website(s) and
other collateral. You grant to Branch a non-exclusive, non-transferable, limited
right to use your name, trademarks, and logos (collectively, the "Customer
Marks") (i) for the purpose of referencing You as a customer of Branch on the
Branch website(s) and (ii) in the production of marketing materials, provided
that such use is in accordance with any trademark and logo use guidelines that
you provide to Branch. All goodwill developed from such use shall be solely for
your benefit.

19.10 Notices. Except as otherwise specified in the Agreement, all notices of
termination or an indemnifiable claim related to the Agreement (“Legal Notices”)
will be provided via email and will be effective upon receipt by e-mail as set
forth below. If to Branch, all notices shall be provided to legal@branch.io
(“Branch Notices”). Billing-related notices to Customer will be provided via
email and addressed to the relevant billing contact designated by Customer on
the applicable Order Form. All Legal Notices and other notices to Customer will
be provided via email and addressed to the relevant Services account
administrator designated by Customer.

20. CONTACTING US

If you have any questions or concerns about our Services or these Terms, you may
contact us by email at info@branch.io.















EFFECTIVE OCTOBER 11, 2022  TO  DECEMBER 29, 2022

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TABLE OF CONTENTS

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Terms & Conditions
Last updated January 28, 2022
INTRODUCTION
Top
These Terms & Conditions (“Terms”) are entered into by and between of Branch
Metrics, Inc., a Delaware corporation d/b/a Branch Metrics (" Branch," "Branch
Metrics," "we ," or "us") and the entity or person accessing this website
(“Website ”) or placing an order for or accessing any Services made available by
Branch Metrics (“Customer” or “ you” or “your”). “Services " means the products
and services that are made available online by Branch under these Terms, the
“Beta Services”, as defined in these Terms, other services or products that
Branch may make available from time to time, including associated Branch offline
or mobile components. Services exclude (i) Web-based, mobile, offline or other
software application functionality that interoperates with a Service, that is
provided by Customer or a third party, and (ii) Third-Party Content, as defined
in these Terms. By indicating your acceptance of these Terms or using any of our
Services, you agree to be legally bound by, and use our Services in compliance
with, all terms, conditions, and notices in the Agreement. By agreeing to these
Terms, you warrant that you are authorized to agree to these Terms on behalf of
you and/or your company. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT
USE OUR WEBSITE OR ANY SERVICES.
“Agreement” means these Terms together with any applicable Order Forms, and any
exhibits, appendices, schedules, or attachments identified or referenced in
these Terms, and any amendments attached hereto or hereafter attached by mutual
written agreement of the parties (all of which are incorporated herein by
reference).
“Order Form” means an ordering document or online order specifying the Services
to be provided hereunder that is entered into between Customer and Branch or any
of their Affiliates, including any addenda and supplements thereto. By entering
into an Order Form hereunder, an Affiliate agrees to be bound by the terms of
the Agreement as if it were an original party hereto.
“Documentation” means the applicable Service’s documentation and usage
guidelines at https://docs.branch.io/.
“Affiliate” means any entity that directly or indirectly controls, is controlled
by, or is under common control with the subject entity. “Control,” for purposes
of this definition, means direct or indirect ownership or control of more than
50% of the voting interests of the subject entity.
Modifications. We may make changes to these Terms from time to time. When we do,
we will revise the "Last updated" date given above. It is your responsibility to
review these Terms frequently and to remain informed of any changes to them. The
then-current version of these Terms will supersede all earlier versions. You
agree that your continued use of our Services after such changes have been
published to our Services will constitute your acceptance of such revised Terms.


SERVICE ACCESS AND AVAILABILITY
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Service Access & Availability. Subject to your compliance with these terms and
conditions, Branch will make the Services available to you pursuant to the terms
of the Agreement and solely for Customer’s internal business needs. Branch
shall: (a) use commercially reasonable efforts to make the online Services
available 24 hours a day, 7 days a week, except for: (i) planned downtime (of
which Branch shall give advance electronic notice), (ii) emergency maintenance
that is reasonably unforeseeable and necessary for purposes of maintaining the
integrity or operation of the Services, regardless of the notice provided by
Branch and (iii) any unavailability caused by circumstances beyond Branch’s
reasonable control, including, for example, an act of God, act of government,
flood, fire, earthquake, civil unrest, act of terror, strike or other labor
problem (other than one involving Branch employees), Internet service provider
failure or delay, integrated third party applications , or denial of service
attack, and (b) provide the Services in accordance with laws and government
regulations applicable to Branch’s provision of its Services to its customers
generally (i.e., without regard for Customer’s particular use of the Services),
and subject to Customer’s use of the Services in accordance with the Agreement,
the Documentation and the applicable Order Form. Your rights to access and use
the Services are limited by all terms set forth in the Agreement.


RESTRICTIONS; UPDATES & SUPPORT
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Restrictions. You must comply with all applicable laws when implementing,
configuring, and using the Services. Except as expressly permitted under these
Terms, you will not, and will not permit anyone else to: (a) make the
functionality of the Services to any third party through any means, including,
without limitation, any hosting, application services provider, service bureau,
or other type of service; (b) use any automated tool (e.g., robots, spiders) to
access or use the Services; (c) rent, lease, or sublicense your access to the
Services to another person; (d) circumvent or disable any digital rights
management, usage rules, or other security features of the Services or attempt
to gain unauthorized access to the Services or its related systems or networks;
(e) use the Services in a manner that overburdens, or that threatens the
integrity, performance, or availability of, the Services; (f) remove, alter, or
obscure any proprietary notices (including copyright and trademark notices) on
any portion of the Services; (g) send material containing software viruses,
worms, trojan horses, or other harmful computer code, files, scripts, agents, or
programs; or (h) use the Services in connection with any Apps or websites that
are directed to children under 13 (and in certain jurisdictions under the age of
16), without employing appropriate settings within the Branch SDKs to limit data
collection from such children in accordance with applicable law. More
information on these settings is available here. If you have questions about how
to use these settings or have any reason to believe that these resources may not
address your particular use case, please reach out to the Branch Support team
via the “Submit a Ticket” function at http://help.branch.io/. Notwithstanding
anything to the contrary in the Agreement, use of the Services in violation of
the foregoing restrictions by Customer that, in Branch’s judgment, threatens the
integrity, performance, availability, or security of the Services may result in
Branch’s immediate suspension of, or limitation in Customer’s access to, the
Services.
Updates and Support . Branch will maintain, support, update, and provide error
corrections for the Services to the same extent it does so for its customers
generally. Ultimately, you are responsible for timely integration and launch of
the Services. If Branch provides you with an update or maintenance release for
the offline components of the Branch Services, unless you receive a separate
license from Branch for that update or release that expressly supersedes these
Terms, such update or release will be subject to the terms and conditions of
these Terms. Branch shall have no liability for any damages that may result from
Customer’s failure to implement upgrades or updates to the Services provided
that Customer is notified in writing by Branch of an upgrade or update. All
support requests must be sent to the Branch Support team via the “Submit a
Ticket” function at http://help.branch.io/.


BETA SERVICES
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From time to time, Branch may invite You to try Beta Services. “Beta Services”
means Our services or functionality that are not generally available to
customers at no additional charge and that may be made available to You to try
at Your option which are designated as beta, pilot, limited release, developer
preview, non-production, evaluation, or by a similar description. You may accept
or decline any such trial in Your sole discretion. Beta Services are for
evaluation purposes only and not for production use, are not subject to any
service level agreements (SLAs) agreed to between you and Branch, and may be
subject to additional terms. Branch is under no obligation to, maintain,
support, update, or provide error corrections for the Beta Services. Branch may
discontinue Beta Services at any time in Branch’s sole discretion and reserves
the right to never make them generally available. BRANCH WILL HAVE NO LIABILITY
FOR ANY HARM OR DAMAGE ARISING OUT OF, OR IN CONNECTION WITH, CUSTOMER’S USE OF
A BETA SERVICE. THE BETA SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE, AND ARE
EXCLUSIVE OF ANY WARRANTY WHATSOEVER. Without limiting the foregoing, BRANCH
EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. In the event of a
conflict or inconsistency between this section and any other provision of the
Agreement, the terms of this section “BETA SERVICES” shall control and prevail
with respect to Beta Services.


PAID SERVICE TERMS
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Fees. You will pay to Branch all fees specified in an Order Form (“Fees”). You
are responsible for all undisputed Fees, even if such Fees are due and payable
after termination of the Agreement or any portion thereof. Fees are
non-cancellable and failure to use the Services does not constitute a basis for
refusing to pay any Fees. Except as expressly provided in the Agreement, you
will not receive any refund or prorated refund for amounts previously paid or
amounts owed up to the effective date of termination.
Payments & Invoicing. Any relevant paid service-specific terms including, for
example, contract duration, monthly fees, billing frequency, payment forms, and
payment term will be addressed within an associated Order Form. All charges
shall be invoiced in advance in accordance with the billing frequency stated in
the applicable Order Form. You shall be responsible for the payment of any fees
associated with an electronic funds transfer (i.e., ACH, wire transfer) when
issuing payment to Branch, which includes fees from Your financial institution
and intermediary banks. You are responsible for providing complete and accurate
billing and contact information to Branch and notifying Branch of any changes to
such information. In certain instances where your payment method is via credit
card, the issuer of the credit card may charge a transaction fee or related
charges, which you will be responsible to pay.
Payment by Credit Card. In certain instances where your payment method is via
credit card, the issuer of the credit card may charge a transaction fee or
related charges, which you will be responsible to pay. Fees will be billed to
the credit card nominated by you and you authorize the card issuer to pay all
such amounts and authorize Branch (or its billing agent) to charge the credit
card account until you or Branch cancels or terminates the Services as set forth
herein; provided that if payment is not received from the credit card issuer,
the transaction is returned after the payment has been settled, otherwise known
as chargeback, or if there are insufficient funds in the case of check or debit
card payments, you agree to pay all amounts plus any applicable transaction fees
(e.g., NSF fees, chargeback fees) due upon demand.
Payment Disputes. If you have concerns about any charges on your invoice, you
agree to the following dispute resolution process: (i) all billing disputes must
be submitted in writing to billing@branch.io, (ii) billing disputes must be
submitted within 90 days of the date the invoice was generated, and (iii)
undisputed amounts will be subject to the Agreement and total payment for
undisputed invoices or amounts must be submitted when due.
Suspension or Cancellation of Service; Payment Acceleration. Without derogating
from any other remedies available to Branch under the Agreement or by applicable
law, if you owe any undisputed Fees 30 days or more past due in connection with
any Services provided by Branch under any applicable Order Form, then, without
affecting any of your payment obligations under the Agreement (including, any
payment obligations under an Order Form), Branch is entitled to take further
action including but not limited to accelerating your unpaid fee obligations
under such agreement so that all such obligations become immediately due and
payable, and suspending and/or cancelling your access to the Services until such
amounts are paid in full. Branch reserves the right to send your account to a
collections agency for nonpayment (which may, in turn, report the uncollected
debt to credit bureaus) and to use your contact information for debt collection
purposes if the Agreement is terminated for non-payment as set forth herein
following a 10-day cure period.
Taxes. Branch’s Fees do not include any local, state, or federal sales, use,
excise, personal property, VAT, or other similar taxes, duties, levies, tariffs,
and other governmental charges (including, without limitation, any withholding
tax, and any such taxes, to the extent legally applicable, which shall be borne
and paid by Customer) (collectively, "Taxes"). If Branch has the legal
obligation to pay or collect Taxes for which you are responsible under this
section, Branch will invoice you and you will pay that amount unless you provide
Branch with a valid tax exemption certificate authorized by the appropriate
taxing authority. For clarity, you are responsible for payment of all Taxes
resulting from any Fees payable hereunder, other than any taxes based on
Branch’s net income, property, and employees.
Withholding Taxes. In the event Fees payable by you to Branch under the
Agreement are subject to any applicable withholding tax, goods and services tax,
or similar taxes required by any tax authority and you are required by
applicable law to remit such withholding tax, you: (a) may withhold and deduct
from any payments to Branch under the Agreement an amount equivalent to any
applicable withholding tax to the extent required by applicable law
("Withholding Tax"), (b) will pay to the relevant taxation authority the amount
of such applicable withholdings in accordance with applicable law; and (c) will
pay to Branch the applicable amounts under this Agreement net of such
Withholding Tax. You shall be discharged from the obligation to pay Withholding
Tax amounts to Branch provided that (1) you have remitted such amount to the
relevant taxation authority and (2) you furnish Branch with (i) your tax
registration certificate(s) as proof of registration with the applicable
taxation authority, and (ii) any and all relevant tax forms and/or statements
with proof of Withholding Tax remittance amount to the taxation authority, the
applicable rate, and other information which may reasonably be requested for the
purpose of assisting Branch to seek any allowable credits or deductions for the
Withholding Tax so withheld in each jurisdiction where you are subject to tax.
Overdue Charges. If any invoiced amount is not received by Branch by the due
date set forth in the applicable invoice, then without limiting Branch’s rights
or remedies, (a) those charges may accrue late interest at the rate of 2.5% of
the outstanding balance per month, and (b) Branch may condition future Order
Form renewals on payment terms shorter than those specified in the applicable
Order Form.
Term for Paid Services. Except as expressly set forth herein, the terms set
forth in these Terms shall be in force for as long as an Order Form referencing
the Agreement is in effect. Except as otherwise agreed to by you and Branch in a
superseding Order Form, at the end of an applicable term, your access to the
Services will automatically renew under the same Order Form terms (contract
duration, billing frequency, payment period, etc.), unless and until your access
to the Services is terminated in accordance with this section or either party to
these Terms provides the other with notice of non-renewal (email sufficient; if
to Branch, please email billing@branch.io) at least thirty (30) days prior to
the commencement of any renewal period.
Termination by Branch. Except as expressly agreed to by you and Branch in a
superseding Order Form, Branch reserves the right to modify or discontinue,
temporarily or permanently, all or any portion of the Services immediately upon
at least thirty (30) days’ written notice (email sufficient), provided that
Branch will promptly provide a pro-rated refund of all pre-paid and unearned
amounts based on the period of suspension or the date of discontinuance, as
applicable. Branch may also, in its sole discretion, terminate your access to
the Services or any portion thereof if you violate any terms of the Agreement,
unless you cure such breach within thirty (30) days of the date Branch provides
written notice to you of such violation. Termination by Branch for your
violation of these Terms will be effective as of the last day of the 30-day cure
period provided herein or immediately to the extent such violation reasonably
cannot be cured. Upon termination of the Agreement, any outstanding balance
through the effective date of termination and other unpaid payment obligations
will be immediately due and payable in full.


TERMINATION
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Except with respect to paid services, as to which the terms and conditions
governing termination are set forth above in the section "PAID SERVICE TERMS" of
these Terms above, You acknowledge and agree that Branch, in its sole
discretion, may terminate your use of the Services without prior notice for any
reason at any time. You agree that Branch shall not be liable to you or any
third party for termination by Branch. Except when subject to a binding contract
duration (see any applicable Order Form), you may terminate your access to and
use of the Services at any time by providing written notice to Branch via the
“Submit a Ticket” function at http://help.branch.io/ ). Such termination will be
effective as of the last day of the calendar month during which such termination
notice is received.


SURVIVAL
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Upon termination of the Agreement, those sections of these Terms that by their
nature would reasonably be expected to survive will survive termination or
expiration of these Terms, including but not limited to the sections on
Termination, Privacy Policy & Data Rights, Confidential Information, Proprietary
Rights, Limitation of Liability, and Legal Notices.


PRIVACY POLICY & DATA RIGHTS
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Privacy Policy. You acknowledge and agree that you will provide a privacy policy
to your end users, which shall be in compliance with applicable laws and
self-regulatory guidelines, including, without limitation each of the
Self-Regulatory Principles of the Digital Advertising Alliance ("DAA"),
currently available at http://www.aboutads.info/principles, and the Principles
of the European Interactive Digital Alliance ("EDAA"), currently available at
http://www.edaa.eu/european-principles/, as each set of principles may be
amended from time to time.
Your privacy policy will further include clear, meaningful, and conspicuous
notice consistent with applicable laws, regulations, and self-regulatory
guidelines that includes, at minimum, the following: (a) disclosure regarding
your practices with regard to cookies and/or targeting and online behavioral
advertising; the types of data you collect for this purpose; and your data
collection, use and disclosure practices (including that by visiting your
Digital Properties, third parties may place cookies on end user browsers, or use
non-cookie technology, to collect data that you may use for this purpose); and
(b) information regarding how end users may opt out from receiving targeted
advertisements by visiting the NAI website opt-out page here:
http://www.networkadvertising.org/choices/, the DAA opt-out page here:
http://www.aboutads.info/, and/or the EDAA opt-out page here:
http://www.youronlinechoices.eu/. Your “ Digital Properties” means your mobile
applications, websites and program code created by or for you using a Service or
for use by you with the Services. You further agree to obtain consent to your
practices from your end users with regard to cookies and/or targeting and online
behavioral advertising to the extent required by applicable laws, regulations,
and self-regulatory guidelines. If you use Branch’s Engagement Builder feature,
you agree to respect opt-out flags passed by Branch to you if you use Engagement
Builder data for targeted advertisements. You acknowledge and agree that your
use of the Services is subject to Branch’s Privacy Policy, located at
https://branch.io/policies/#privacy. Branch’s Privacy Policy does not cover your
Digital Properties, or the use of your Digital Properties, by your end users. It
is your obligation to provide your own privacy policy to your end users. You
acknowledge that Branch has no direct relationship or interface with your end
users and that Branch’s ability to comply with certain applicable data
protection and privacy laws is dependent on your compliance with the terms of
this section of the Terms.
Data Analytics. You acknowledge and agree that Branch may collect and process
data from your Digital Properties as set forth in Branch’s Privacy Policy with
respect to your use of the Services. You grant to Branch a limited,
non-exclusive, non-sublicensable, non-transferable license to use the data
collected through the Services to provide, maintain, optimize and improve the
Services.
Data Security. Branch will maintain appropriate technical, administrative, and
physical safeguards for the protection of information on its servers, including
customer data, against unauthorized access, alteration, disclosure or
destruction. However, you acknowledge and agree that no method of transmission
over the Internet or method of electronic storage is completely secure, and that
Branch cannot guarantee the absolute security of such information.
Compliance with Applicable Law. You will comply with all laws, regulations, and
self-regulatory guidelines applicable to your business and operations and to
your use of the Services, including those governing the privacy, security and
trans-border transfers of personal data (including, but not limited to,
compliance with the General Data Protection Regulation (EU 2016/679) ("GDPR")
and the California Consumer Privacy Act (“CCPA”)). Where required, you shall be
responsible for (a) obtaining verifiable consent, in the form required by
applicable laws, regulations, and self-regulatory guidelines, related to any
personal data collected, used, maintained, and shared with Branch, or that you
direct Branch to share with any third party; (b) ensuring that you otherwise
have any and all rights required in order to provide such data to Branch or to
direct Branch to share it with any third party; and (c) obtaining data properly
and in accordance with applicable law, including, without limitation, the U.S.
Children’s Online Privacy Protection Act (“COPPA”), and the Video Privacy
Protection Act (18 U.S.C. § 2710) (“VPPA”). To the extent that any of your users
request that you not share their data with Branch, or to the extent that you
believe that any data you may have provided to Branch was inappropriately
obtained, you shall inform Branch immediately. Branch shall have no
responsibility or liability to the extent resulting from, or arising out of your
use of the Services not in compliance with the Agreement, the Documentation or
applicable law.
CCPA. If any data collected through your use of the Services is deemed personal
information and is subject to the CCPA, then the terms set forth in the Branch
CCPA Addendum (“CCPA Addendum“) available at
https://branch.io/branch-california-privacy-addendum/ (or its successor URL)
shall apply to the use and processing of such personal information and shall be
incorporated by reference into, and made an integral part of, the Agreement.


RESTRICTED AREAS OF THE SERVICES
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Registration Information. In order to access and use the Services, you will
register an account. Any information provided during such registration must be
current, complete and accurate (“Registration Information”). It is your sole
responsibility to ensure Registration Information is up to date at all times.
Access Credentials. Certain parts of the Services, including account management
features, may be password-restricted to registered users or other authorized
persons. You may select individuals (your employees or your independent
contractors) to access and use such parts and you will obtain separate
credentials, e.g., user IDs and passwords, from Branch for such individuals
(each, an "Authorized User").
Responsibility. You are responsible for all actions taken under an Authorized
User’s account, whether or not such action was taken by an Authorized User or by
another party, and whether or not such action was authorized by an Authorized
User. You are responsible for the security of each Authorized User’s credentials
and shall take all necessary steps to protect each Authorized User’s credentials
from disclosure. You will not share (and will instruct each Authorized User not
to share) such credentials with any other person or entity or otherwise permit
any other person or entity to access or use the Services.


LINKS AND THIRD-PARTY CONTENT
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Third Party Content. You may enable the Services to display, or contain links
to, third party products, services, and websites. Any opinions, advice,
statements, services, offers, or other information that constitute part of the
content expressed, authored, or made available by other users or other third
parties on the Services, or which is accessible through or may be located using
the Services (collectively, "Third-Party Content") are those of the respective
authors or producers and not of Branch or its shareholders, directors, officers,
employees, agents, or representatives. Branch does not control Third-Party
Content and does not guarantee the accuracy, integrity or quality of such
Third-Party Content. Branch is not responsible for the performance of, does not
endorse, and is not responsible or liable for, any Third-Party Content or any
information or materials advertised in any Third-Party Content. By using
Branch’s Services, you and/or your end users may be exposed to content that is
offensive, indecent, or objectionable. We are not responsible or liable,
directly or indirectly, for any damage or loss caused to you by your or a third
party’s use of or reliance on any goods, services, or information available on
or through any third-party service or Third-Party Content. It is your
responsibility to evaluate the information, opinion, advice, or other content
available on and through our Services.


USE POLICIES
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You are solely responsible for any content and other material that you submit,
publish, transmit, or display on, through, or with our Services. Customer will
not use Branch’s Services in violation of Branch’s Acceptable Use Policy
currently available at https://branch.io/policies/#aup.


TRADEMARKS
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Branch Trademark Rights. "Branch Metrics", the Branch Metrics logo, and any
other trademarks or service marks used by Branch or slogan displayed on the
Services ("Branch Marks") are trademarks of Branch and its suppliers or
licensors, and may not be copied, imitated or used, in whole or in part, without
the prior written permission of Branch or the applicable trademark holder. You
may not use any metatags or any other "hidden text" utilizing "Branch Metrics"
or any other Branch Marks without Branch’s prior written permission. In
addition, the look and feel of the Services, including all page headers, custom
graphics, button icons and scripts, is the trade dress of Branch and may not be
copied, imitated or used, in whole or in part, without Branch’s prior written
permission. All other trademarks, registered trademarks, product names and
company names or logos mentioned in the Services are the property of their
respective owners. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier, or otherwise does
not constitute or imply endorsement, sponsorship, or recommendation thereof by
Branch.


AGENCIES & PARTNERS
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Agency Client. If you are an agency or a party representing, or providing
services for the benefit of, a third party (“Agency Client“), you represent and
warrant that you are authorized to act on behalf of, and bind to the Agreement,
that Agency Client (and upon Branch’s request shall provide evidence thereof).
You further represent and warrant that such Agency Client has provided you with
explicit permission to collect on its behalf and view Agency Client’s data and
that you shall use such data strictly in accordance with the permissions
provided to you by such Agency Client and the terms of the Agreement. You shall
ensure that each Agency Client agrees to the terms of the Agreement and any
applicable Order Form(s) and agrees to abide by its terms, including without
limitation, section 4 (Privacy and Data Rights) of these Terms. You acknowledge
and agree that: (i) Branch makes no representations or warranties for the direct
or indirect benefit of any Agency Client; and (ii) you shall not make any
representations or warranties to such Agency Client on behalf of Branch.
Partners . The Services enable you to measure and analyze its marketing
campaigns with certain third parties that you work with, such as advertising
networks, publishers and analytics providers (“Partners“). For such purpose, you
may, through your configuration of the Services (“Partner Features”), direct
Branch to provide data to, and receive data from Partners relating to end users
(“Shared Data”). Pursuant to the foregoing, insofar as you make use of the
Partner Features, you hereby grant Branch the right to provide Shared Data with
Partners as to which you make use of the Partner Features (the “Permitted
Partners”) and to obtain and process Shared Data from Permitted Partners. You
acknowledge and agree that: (i) the sharing of such Shared Data between Branch
and Permitted Partners will be available only to the extent enabled by the
Permitted Partner and Branch; (ii) any use of Shared Data by a Permitted Partner
shall be subject to your own agreements with Permitted Partner; (iii) Branch
shall have no liability or responsibility in connection with any acts or
omissions by Permitted Partners; (iv) any use or processing of Shared Data may
be subject to certain limitations and restrictions imposed by Permitted
Partners, and that Branch is not responsible for fulfilling such limitations and
restrictions unless expressly agreed to in writing between you and Branch.


CONFIDENTIAL INFORMATION
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Definition. Each party to these Terms (a “Receiving Party”) may have access to,
or become acquainted with, certain non-public confidential information of the
other party (a “Disclosing Party”) including without limitation all information
clearly identified as confidential at the time of disclosure (“Confidential
Information”). You and Branch further agree that, subject to the rights and
licenses granted herein, each party's Confidential Information shall include all
non-public information regarding the Disclosing party, including without
limitation any customer, customer prospect, the terms, conditions and pricing
set forth in the Agreement and its Order Form(s), marketing, technical, business
and/or strategic plans or information provided by the Disclosing Party to the
Receiving party in the performance of the Services under the Agreement.
Use and Disclosure. Each party agrees as follows: (a) to use the Confidential
Information of the Disclosing Party only for the purposes permitted by the
Agreement, or as otherwise permitted by the Agreement; (b) to take all
reasonable steps to ensure that the Disclosing Party’s Confidential Information
is not disclosed or distributed by the Receiving Party’s employees or agents in
violation of the Agreement, but in no event will the Receiving party use less
effort to protect the Confidential Information of the Disclosing Party than it
uses to protect its own Confidential Information of like importance; (c) to
restrict access to the Confidential Information disclosed by the Disclosing
Party to such of the Receiving Party’s employees, agents and third parties, if
any, who have a need to have access and who have been advised of and have agreed
in writing or are otherwise bound to treat such information in accordance with
the Agreement; and (d) to return or destroy all Confidential Information of the
Disclosing Party’s written request, after termination of the Agreement. The
Receiving Party will not be obligated under this confidentiality section with
respect to information that: (a) is or has become readily publicly available
through no act or omission of the Receiving Party or its employees or agents;
(b) is received from a third party lawfully in possession of such information
and the Receiving Party has no knowledge of any disclosure restrictions on such
third party to disclose such information; (c) is disclosed to a third party by
the Disclosing Party without restriction on disclosure; (d) was rightfully in
the possession of the Receiving Party without restriction prior to its
disclosure by the Disclosing Party; or (e) was independently developed by
employees or consultants of the Receiving Party without reliance on, or
reference to, such Confidential Information.
Permitted Disclosures . Notwithstanding the foregoing, Confidential Information
may be disclosed as required by any governmental agency, provided that before
disclosing such information the Receiving Party must provide the Disclosing
Party with sufficient advance notice of the agency’s request for the information
to enable the Receiving Party to exercise any rights it may have to challenge or
limit the agency’s authority to receive such Confidential Information, to the
extent permitted by applicable law.


PROPRIETARY RIGHTS
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Proprietary Rights. As between you and Branch, you shall retain all right, title
and interest in your Digital Properties. If you choose to use Customer’s Digital
Properties with a Service, you grant Branch permission to allow the Services to
interoperate with your Digital Properties as required for the interoperation of
your Digital Properties with the Service. Subject to the limited licenses
granted herein, Branch acquires no right, title or interest from you or your
licensors under the Agreement in or to your Digital Properties. Subject to the
limited rights expressly granted hereunder, Branch, its Affiliates, and its
licensors reserve all of their right, title and interest in and to the Services
(including the Branch application programming interfaces and the Branch software
development kits), all technology utilized by Branch to provide the Services,
and all of their related intellectual property rights related to, embodied by,
or incorporated in any of the foregoing and including any updates, upgrades,
enhancements, modifications and improvements made to, or derivatives of, the
foregoing. No copyright is granted by Branch to Customer hereunder. No rights
are granted to Customer hereunder other than as expressly set forth herein.
Feedback . Branch may provide you with a mechanism to provide feedback,
suggestions, and ideas, if you choose, about the Services ("Feedback"). You
agree that Branch may, in its sole discretion, use the Feedback you provide to
Branch in any way, including in future enhancements and modifications to the
Services. You hereby grant to Branch and its assigns a perpetual, worldwide,
fully transferable, sub-licensable, fully paid-up, irrevocable, royalty-free
license to use, reproduce, modify, create derivative works from, distribute, and
display the Feedback in any manner for any purpose, in any media, software, or
technology of any kind now existing or developed in the future, without any
obligation to provide attribution or compensation to you or any third party.


WARRANTY & DISCLAIMER OF WARRANTIES
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Warranty. You represent and warrant to Branch that: (a) you are duly organized
under applicable law and have sufficient authority to enter into the Agreement;
(b) the person entering into the Agreement is authorized to agree to and execute
the Agreement on behalf of such party; and (c) the execution and performance of
the Agreement does not conflict with any contractual obligations you have to any
third party.
DISCLAIMER . EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, THE SERVICES, AND
THE DOCUMENTATION ARE PROVIDED “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF
ANY KIND. WITHOUT LIMITING THE FOREGOING, BRANCH EXPLICITLY DISCLAIMS ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE
OF PERFORMANCE, OR USAGE OF TRADE. Branch does not warrant the accuracy,
completeness, or usefulness of the Services, and the Documentation, nor does
Branch warrant that the Services will be free from errors, or that the
operations of the Services will be uninterrupted. You rely on the Services and
the Documentation at your own risk. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY THE
LIMITATIONS SET FORTH ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.


LIMITATION OF LIABILITY
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BRANCH AND ITS SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE,
GOODWILL, USE, DATA THAT IS INCOMPLETE, MISSING, OR INCORRECT, OR OTHER
INTANGIBLE LOSSES (EVEN IF BRANCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM THIS AGREEMENT.
UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BRANCH AND ITS SUPPLIERS AND
LICENSORS RESULTING FROM THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY
CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM
IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT,
BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EXCEED
THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO BRANCH FOR USE OF THE SERVICES FOR
THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM IN THE AGGREGATE. SOME OF THE
LIMITATIONS PROVIDED HEREIN MAY NOT BE ALLOWED UNDER THE LAWS OF CERTAIN
JURISDICTIONS.
IF ANY SUCH LAW IS DEEMED TO APPLY TO THE AGREEMENT THEN THE LIMITATIONS SET
FORTH HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAWS.


INDEMNITY
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Indemnity. You will defend Branch, its Affiliates and their officers, agents,
employees, representatives, and assigns (“Branch Indemnified Parties”) against
any claim, demand suit or action against Branch brought by a third party (a)
arising from your use of the Services in a unlawful manner or in violation of
the Agreement or applicable Order Form, or usage of the Services in violation of
the Documentation or (b) alleging that any of your Digital Properties developed
or provided by you, or the combination of your Digital Properties used with the
Services, infringes or misappropriates such third party’s intellectual property
rights (c) based on your instructions to share Shared Data with a Partner or (d)
related to a regulatory investigation (each a “Claim Against Branch”). You will
indemnify Branch Indemnified Parties from any costs, damages, and expenses
finally awarded against Branch Indemnified Parties as a result of, or for any
amounts paid by Branch Indemnified Parties under a settlement approved by you in
writing of, a Claim Against Branch. The above defense and indemnification
obligations do not apply if a Claim Against Branch arises from Branch’s breach
of the Agreement, or applicable Order Forms.
Agency Indemnity. If you are an agency or a party representing, or providing
services for the benefit of an Agency Client, in addition to the obligations set
forth in the section “AGENCIES & PARTNERS” of these Terms, you further agree to
indemnify, hold harmless and defend Branch Indemnified Parties from and against
any claim, demand, suit, or action and any related liability against a Branch
Indemnified Party brought by a third party, arising out of or relating to: (a)
any representations and warranties made by you concerning any aspect of the
Services to an Agency Client; (b) any claims made by or on behalf of any Agency
Client arising out or relating to your use of the Services; and (c) any claims
arising out of or relating to acts or omissions of an Agency Client in
connection with the Services.
Indemnification Procedure . Your obligations to provide indemnification under
this Agreement will be contingent upon (a) Branch promptly giving you written
notice of any claim for which indemnification is sought (provided that the
Branch’s failure to notify you will not diminish your obligations under this
Section, except to the extent that you are materially prejudiced as a result of
such failure); (b) you having sole control of the defense and settlement of any
and all claims for which indemnification is sought (provided that no settlement
may be entered into without either (i) the consent of Branch if such settlement
would require any action on the part of Branch or (ii) unconditionally releasing
Branch of all liability); and (c) Branch giving You all reasonably requested
assistance at Your expense. Subject to the foregoing, Branch will at all times
have the option to participate in any matter or litigation through counsel of
its own selection solely at its own expense.


MISCELLANEOUS
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Governing Law. The Agreement and all matters arising out of or relating to the
Agreement shall be governed by and construed under the laws of the State of
California, without regard to its conflict of law provisions. The parties
expressly disclaim and exclude the application of the United Nations Convention
on Contracts for the International Sale of Goods.
Venue. Any legal action or proceeding arising out of or relating to the
Agreement shall be brought exclusively in the state or federal courts located in
the Northern District of California. You and Branch hereby agree to submit to
the jurisdiction of, and agree that venue is proper in, those courts in any such
legal action or proceeding.
No Waiver; Severability. Our failure to enforce any right or provision in the
Agreement will not constitute a waiver of such right or provision unless
acknowledged and agreed to by us in writing. If any provision of the Agreement
is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that the Agreement will otherwise
remain in full force and effect and enforceable.
Assignment. The Agreement is not assignable, transferable or sublicensable by
you except with Branch’s prior written consent. Branch may transfer and assign
any of its rights and obligations under the Agreement freely and without
consent.
Entire Agreement. Both you and Branch agree that the Agreement is the complete
and exclusive statement of the mutual understanding of the Parties and
supersedes all previous written and oral agreements, communications and other
understandings relating to your use of the Services, and that all waivers and
modifications must be in a signed writing by both Parties, except as otherwise
provided herein. Preprinted terms in your purchase orders or other
customer-generated ordering documents, or terms referenced or linked within
them, will have no effect on the Agreement and are hereby rejected, regardless
of whether they are signed, clicked through, or otherwise agreed to by Branch
and/or purport to take precedence over the Agreement. In the event of any
conflict or inconsistency among the following documents, the order of precedence
shall be: (1) the applicable Order Form, (2) any exhibit, schedule or addendum
to the Agreement, (3) the body of these Terms, and (4) the Documentation.
Relationship between the Parties. The Parties are independent contractors. No
agency, partnership, joint venture, fiduciary or employment relationship is
created as a result of the Agreement, and you do not have any authority of any
kind to bind Branch in any respect whatsoever.
Export / Trade Compliance. The Services and any derivatives thereof, may be
subject to export control and economic sanctions laws and regulations of the
United States and other jurisdictions. Both Customer and Branch each represent
that it is not named on any U.S. Government Consolidated Screening denied-party
list which may be searched at:
https://www.export.gov/article?id=Consolidated-Screening-List. Customer shall
not permit any entity or individual to access or use any of the Services who is
listed on the Consolidated Screening List or located in a U.S.
government-embargoed country (currently Cuba, Iran, North Korea, Syria and
Crimea), or known to be engaged in proliferation of nuclear, chemical or
biological weapons or missiles, or otherwise in violation of any U.S. export law
or regulation.
Third Party Beneficiary. No provision of the Agreement is intended, nor shall it
be interpreted, to provide or create any third-party beneficiary rights or any
other rights of any kind in any customer, affiliate, stockholder, partner,
member, director, officer or employee of any party hereto or any other person or
entity.
Marketing Support. You agree to comply with reasonable requests of Branch to
support public relations efforts pertaining to the Services, which efforts may
include: (a) a press release highlighting your company’s use of the Services;
(b) participation in targeted press and analyst interviews highlighting benefits
of implementing the Services; and (c) participation in customer case studies
developed by Branch and used on Branch’s website(s) and other collateral. You
grant to Branch a non-exclusive, non-transferable, limited right to use your
name, trademarks, and logos (collectively, the "Customer Marks") (i) for the
purpose of referencing You as a customer of Branch on the Branch website(s) and
(ii) in the production of marketing materials, provided that such use is in
accordance with any trademark and logo use guidelines that you provide to
Branch. All goodwill developed from such use shall be solely for your benefit.
Notices. Except as otherwise specified in the Agreement, all notices of
termination or an indemnifiable claim related to the Agreement (“Legal Notices”)
will be in writing and will be effective (a) upon receipt if personally
delivered to one of the addresses listed below, (b) upon receipt if sent by
certified or registered mail (return receipt requested), postage prepaid, to one
of the addresses listed below, or (c) upon receipt if transmitted by e-mail as
set forth below. If to Branch, all notices shall be provided to the mailing and
e-mail address set forth below (“Branch Notices”). Billing-related notices to
Customer will be addressed to the relevant billing contact designated by
Customer on the applicable Order Form. All Legal Notices and other notices to
Customer will be addressed to the relevant Services account administrator
designated by Customer.
Branch Notices: Legal notices should be sent to:

Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
With a copy provided to: legal@branch.io



CONTACTING US
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If you have any questions or concerns about our Services or these Terms, you may
contact us at:
Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at info@branch.io









EFFECTIVE MAY 9, 2022  TO  OCTOBER 11, 2022

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TABLE OF CONTENTS

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Terms & Conditions
Last updated January 28, 2022

INTRODUCTION

These Terms & Conditions (“Terms”) are entered into by and between of Branch
Metrics, Inc., a Delaware corporation d/b/a Branch Metrics ("Branch," "Branch
Metrics," "we," or "us") and the entity or person accessing this website
(“Website”) or placing an order for or accessing any Services made available by
Branch Metrics (“Customer” or “you” or “your”). “Services" means the products
and services that are made available online by Branch under these Terms, the
“Beta Services”, as defined in these Terms, other services or products that
Branch may make available from time to time, including associated Branch offline
or mobile components. Services exclude (i) Web-based, mobile, offline or other
software application functionality that interoperates with a Service, that is
provided by Customer or a third party, and (ii) Third-Party Content, as defined
in these Terms. By indicating your acceptance of these Terms or using any of our
Services, you agree to be legally bound by, and use our Services in compliance
with, all terms, conditions, and notices in the Agreement. By agreeing to these
Terms, you warrant that you are authorized to agree to these Terms on behalf of
you and/or your company. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT
USE OUR WEBSITE OR ANY SERVICES.

“Agreement” means these Terms together with any applicable Order Forms, and any
exhibits, appendices, schedules, or attachments identified or referenced in
these Terms, and any amendments attached hereto or hereafter attached by mutual
written agreement of the parties (all of which are incorporated herein by
reference).

“Order Form” means an ordering document or online order specifying the Services
to be provided hereunder that is entered into between Customer and Branch or any
of their Affiliates, including any addenda and supplements thereto. By entering
into an Order Form hereunder, an Affiliate agrees to be bound by the terms of
the Agreement as if it were an original party hereto.

“Documentation” means the applicable Service’s documentation and usage
guidelines at https://docs.branch.io/.

“Affiliate” means any entity that directly or indirectly controls, is controlled
by, or is under common control with the subject entity. “Control,” for purposes
of this definition, means direct or indirect ownership or control of more than
50% of the voting interests of the subject entity.

Modifications. We may make changes to these Terms from time to time. When we do,
we will revise the "Last updated" date given above. It is your responsibility to
review these Terms frequently and to remain informed of any changes to them. The
then-current version of these Terms will supersede all earlier versions. You
agree that your continued use of our Services after such changes have been
published to our Services will constitute your acceptance of such revised Terms.

SERVICE ACCESS AND AVAILABILITY

Service Access & Availability. Subject to your compliance with these terms and
conditions, Branch will make the Services available to you pursuant to the terms
of the Agreement and solely for Customer’s internal business needs. Branch
shall: (a) use commercially reasonable efforts to make the online Services
available 24 hours a day, 7 days a week, except for: (i) planned downtime (of
which Branch shall give advance electronic notice), (ii) emergency maintenance
that is reasonably unforeseeable and necessary for purposes of maintaining the
integrity or operation of the Services, regardless of the notice provided by
Branch and (iii) any unavailability caused by circumstances beyond Branch’s
reasonable control, including, for example, an act of God, act of government,
flood, fire, earthquake, civil unrest, act of terror, strike or other labor
problem (other than one involving Branch employees), Internet service provider
failure or delay, integrated third party applications , or denial of service
attack, and (b) provide the Services in accordance with laws and government
regulations applicable to Branch’s provision of its Services to its customers
generally (i.e., without regard for Customer’s particular use of the Services),
and subject to Customer’s use of the Services in accordance with the Agreement,
the Documentation and the applicable Order Form. Your rights to access and use
the Services are limited by all terms set forth in the Agreement.



RESTRICTIONS; UPDATES & SUPPORT
Restrictions. You must comply with all applicable laws when implementing,
configuring, and using the Services. Except as expressly permitted under these
Terms, you will not, and will not permit anyone else to: (a) make the
functionality of the Services to any third party through any means, including,
without limitation, any hosting, application services provider, service bureau,
or other type of service; (b) use any automated tool (e.g., robots, spiders) to
access or use the Services; (c) rent, lease, or sublicense your access to the
Services to another person; (d) circumvent or disable any digital rights
management, usage rules, or other security features of the Services or attempt
to gain unauthorized access to the Services or its related systems or networks;
(e) use the Services in a manner that overburdens, or that threatens the
integrity, performance, or availability of, the Services; (f) remove, alter, or
obscure any proprietary notices (including copyright and trademark notices) on
any portion of the Services; (g) send material containing software viruses,
worms, trojan horses, or other harmful computer code, files, scripts, agents, or
programs; or (h) use the Services in connection with any Apps or websites that
are directed to children under 13 (and in certain jurisdictions under the age of
16), without employing appropriate settings within the Branch SDKs to limit data
collection from such children in accordance with applicable law. More
information on these settings is available here. If you have questions about how
to use these settings or have any reason to believe that these resources may not
address your particular use case, please reach out to the Branch Support team
via the “Submit a Ticket” function at http://help.branch.io/. Notwithstanding
anything to the contrary in the Agreement, use of the Services in violation of
the foregoing restrictions by Customer that, in Branch’s judgment, threatens the
integrity, performance, availability, or security of the Services may result in
Branch’s immediate suspension of, or limitation in Customer’s access to, the
Services.

Updates and Support. Branch will maintain, support, update, and provide error
corrections for the Services to the same extent it does so for its customers
generally. Ultimately, you are responsible for timely integration and launch of
the Services. If Branch provides you with an update or maintenance release for
the offline components of the Branch Services, unless you receive a separate
license from Branch for that update or release that expressly supersedes these
Terms, such update or release will be subject to the terms and conditions of
these Terms. Branch shall have no liability for any damages that may result from
Customer’s failure to implement upgrades or updates to the Services provided
that Customer is notified in writing by Branch of an upgrade or update. All
support requests must be sent to the Branch Support team via the “Submit a
Ticket” function at http://help.branch.io/.



BETA SERVICES
From time to time, Branch may invite You to try Beta Services. “Beta Services”
means Our services or functionality that are not generally available to
customers at no additional charge and that may be made available to You to try
at Your option which are designated as beta, pilot, limited release, developer
preview, non-production, evaluation, or by a similar description. You may accept
or decline any such trial in Your sole discretion. Beta Services are for
evaluation purposes only and not for production use, are not subject to any
service level agreements (SLAs) agreed to between you and Branch, and may be
subject to additional terms. Branch is under no obligation to, maintain,
support, update, or provide error corrections for the Beta Services. Branch may
discontinue Beta Services at any time in Branch’s sole discretion and reserves
the right to never make them generally available. BRANCH WILL HAVE NO LIABILITY
FOR ANY HARM OR DAMAGE ARISING OUT OF, OR IN CONNECTION WITH, CUSTOMER’S USE OF
A BETA SERVICE. THE BETA SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE, AND ARE
EXCLUSIVE OF ANY WARRANTY WHATSOEVER. Without limiting the foregoing, BRANCH
EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. In the event of a
conflict or inconsistency between this section and any other provision of the
Agreement, the terms of this section “BETA SERVICES” shall control and prevail
with respect to Beta Services.



PAID SERVICE TERMS
Fees. You will pay to Branch all fees specified in an Order Form (“Fees”). You
are responsible for all undisputed Fees, even if such Fees are due and payable
after termination of the Agreement or any portion thereof. Fees are
non-cancellable and failure to use the Services does not constitute a basis for
refusing to pay any Fees. Except as expressly provided in the Agreement, you
will not receive any refund or prorated refund for amounts previously paid or
amounts owed up to the effective date of termination.

Payments & Invoicing. Any relevant paid service-specific terms including, for
example, contract duration, monthly fees, billing frequency, payment forms, and
payment term will be addressed within an associated Order Form. All charges
shall be invoiced in advance in accordance with the billing frequency stated in
the applicable Order Form. You shall be responsible for the payment of any fees
associated with an electronic funds transfer (i.e., ACH, wire transfer) when
issuing payment to Branch, which includes fees from Your financial institution
and intermediary banks. You are responsible for providing complete and accurate
billing and contact information to Branch and notifying Branch of any changes to
such information. In certain instances where your payment method is via credit
card, the issuer of the credit card may charge a transaction fee or related
charges, which you will be responsible to pay.

Payment by Credit Card. In certain instances where your payment method is via
credit card, the issuer of the credit card may charge a transaction fee or
related charges, which you will be responsible to pay. Fees will be billed to
the credit card nominated by you and you authorize the card issuer to pay all
such amounts and authorize Branch (or its billing agent) to charge the credit
card account until you or Branch cancels or terminates the Services as set forth
herein; provided that if payment is not received from the credit card issuer,
the transaction is returned after the payment has been settled, otherwise known
as chargeback, or if there are insufficient funds in the case of check or debit
card payments, you agree to pay all amounts plus any applicable transaction fees
(e.g., NSF fees, chargeback fees) due upon demand.

Payment Disputes. If you have concerns about any charges on your invoice, you
agree to the following dispute resolution process: (i) all billing disputes must
be submitted in writing to billing@branch.io, (ii) billing disputes must be
submitted within 90 days of the date the invoice was generated, and (iii)
undisputed amounts will be subject to the Agreement and total payment for
undisputed invoices or amounts must be submitted when due.

Suspension or Cancellation of Service; Payment Acceleration. Without derogating
from any other remedies available to Branch under the Agreement or by applicable
law, if you owe any undisputed Fees 30 days or more past due in connection with
any Services provided by Branch under any applicable Order Form, then, without
affecting any of your payment obligations under the Agreement (including, any
payment obligations under an Order Form), Branch is entitled to take further
action including but not limited to accelerating your unpaid fee obligations
under such agreement so that all such obligations become immediately due and
payable, and suspending and/or cancelling your access to the Services until such
amounts are paid in full. Branch reserves the right to send your account to a
collections agency for nonpayment (which may, in turn, report the uncollected
debt to credit bureaus) and to use your contact information for debt collection
purposes if the Agreement is terminated for non-payment as set forth herein
following a 10-day cure period.

Taxes. Branch’s Fees do not include any local, state, or federal sales, use,
excise, personal property, VAT, or other similar taxes, duties, levies, tariffs,
and other governmental charges (including, without limitation, any withholding
tax, and any such taxes, to the extent legally applicable, which shall be borne
and paid by Customer) (collectively, "Taxes"). If Branch has the legal
obligation to pay or collect Taxes for which you are responsible under this
section, Branch will invoice you and you will pay that amount unless you provide
Branch with a valid tax exemption certificate authorized by the appropriate
taxing authority. For clarity, you are responsible for payment of all Taxes
resulting from any Fees payable hereunder, other than any taxes based on
Branch’s net income, property, and employees.

Withholding Taxes. In the event Fees payable by you to Branch under the
Agreement are subject to any applicable withholding tax, goods and services tax,
or similar taxes required by any tax authority and you are required by
applicable law to remit such withholding tax, you: (a) may withhold and deduct
from any payments to Branch under the Agreement an amount equivalent to any
applicable withholding tax to the extent required by applicable law
("Withholding Tax"), (b) will pay to the relevant taxation authority the amount
of such applicable withholdings in accordance with applicable law; and (c) will
pay to Branch the applicable amounts under this Agreement net of such
Withholding Tax. You shall be discharged from the obligation to pay Withholding
Tax amounts to Branch provided that (1) you have remitted such amount to the
relevant taxation authority and (2) you furnish Branch with (i) your tax
registration certificate(s) as proof of registration with the applicable
taxation authority, and (ii) any and all relevant tax forms and/or statements
with proof of Withholding Tax remittance amount to the taxation authority, the
applicable rate, and other information which may reasonably be requested for the
purpose of assisting Branch to seek any allowable credits or deductions for the
Withholding Tax so withheld in each jurisdiction where you are subject to tax.

Overdue Charges. If any invoiced amount is not received by Branch by the due
date set forth in the applicable invoice, then without limiting Branch’s rights
or remedies, (a) those charges may accrue late interest at the rate of 2.5% of
the outstanding balance per month, and (b) Branch may condition future Order
Form renewals on payment terms shorter than those specified in the applicable
Order Form.

Term for Paid Services. Except as expressly set forth herein, the terms set
forth in these Terms shall be in force for as long as an Order Form referencing
the Agreement is in effect. Except as otherwise agreed to by you and Branch in a
superseding Order Form, at the end of an applicable term, your access to the
Services will automatically renew under the same Order Form terms (contract
duration, billing frequency, payment period, etc.), unless and until your access
to the Services is terminated in accordance with this section or either party to
these Terms provides the other with notice of non-renewal (email sufficient; if
to Branch, please email billing@branch.io) at least thirty (30) days prior to
the commencement of any renewal period.

Termination by Branch. Except as expressly agreed to by you and Branch in a
superseding Order Form, Branch reserves the right to modify or discontinue,
temporarily or permanently, all or any portion of the Services immediately upon
at least thirty (30) days’ written notice (email sufficient), provided that
Branch will promptly provide a pro-rated refund of all pre-paid and unearned
amounts based on the period of suspension or the date of discontinuance, as
applicable. Branch may also, in its sole discretion, terminate your access to
the Services or any portion thereof if you violate any terms of the Agreement,
unless you cure such breach within thirty (30) days of the date Branch provides
written notice to you of such violation. Termination by Branch for your
violation of these Terms will be effective as of the last day of the 30-day cure
period provided herein or immediately to the extent such violation reasonably
cannot be cured. Upon termination of the Agreement, any outstanding balance
through the effective date of termination and other unpaid payment obligations
will be immediately due and payable in full.



TERMINATION
Except with respect to paid services, as to which the terms and conditions
governing termination are set forth above in the section "PAID SERVICE TERMS" of
these Terms above, You acknowledge and agree that Branch, in its sole
discretion, may terminate your use of the Services without prior notice for any
reason at any time. You agree that Branch shall not be liable to you or any
third party for termination by Branch. Except when subject to a binding contract
duration (see any applicable Order Form), you may terminate your access to and
use of the Services at any time by providing written notice to Branch via the
“Submit a Ticket” function at http://help.branch.io/). Such termination will be
effective as of the last day of the calendar month during which such termination
notice is received.



SURVIVAL
Upon termination of the Agreement, those sections of these Terms that by their
nature would reasonably be expected to survive will survive termination or
expiration of these Terms, including but not limited to the sections on
Termination, Privacy Policy & Data Rights, Confidential Information, Proprietary
Rights, Limitation of Liability, and Legal Notices.



PRIVACY POLICY & DATA RIGHTS
Privacy Policy. You acknowledge and agree that you will provide a privacy policy
to your end users, which shall be in compliance with applicable laws and
self-regulatory guidelines, including, without limitation each of the
Self-Regulatory Principles of the Digital Advertising Alliance ("DAA"),
currently available at http://www.aboutads.info/principles, and the Principles
of the European Interactive Digital Alliance ("EDAA"), currently available at
http://www.edaa.eu/european-principles/, as each set of principles may be
amended from time to time.

Your privacy policy will further include clear, meaningful, and conspicuous
notice consistent with applicable laws, regulations, and self-regulatory
guidelines that includes, at minimum, the following: (a) disclosure regarding
your practices with regard to cookies and/or targeting and online behavioral
advertising; the types of data you collect for this purpose; and your data
collection, use and disclosure practices (including that by visiting your
Digital Properties, third parties may place cookies on end user browsers, or use
non-cookie technology, to collect data that you may use for this purpose); and
(b) information regarding how end users may opt out from receiving targeted
advertisements by visiting the NAI website opt-out page here:
http://www.networkadvertising.org/choices/, the DAA opt-out page here:
http://www.aboutads.info/, and/or the EDAA opt-out page here:
http://www.youronlinechoices.eu/. Your “Digital Properties” means your mobile
applications, websites and program code created by or for you using a Service or
for use by you with the Services. You further agree to obtain consent to your
practices from your end users with regard to cookies and/or targeting and online
behavioral advertising to the extent required by applicable laws, regulations,
and self-regulatory guidelines. If you use Branch’s Engagement Builder feature,
you agree to respect opt-out flags passed by Branch to you if you use Engagement
Builder data for targeted advertisements. You acknowledge and agree that your
use of the Services is subject to Branch’s Privacy Policy, located at
https://branch.io/policies/#privacy. Branch’s Privacy Policy does not cover your
Digital Properties, or the use of your Digital Properties, by your end users. It
is your obligation to provide your own privacy policy to your end users. You
acknowledge that Branch has no direct relationship or interface with your end
users and that Branch’s ability to comply with certain applicable data
protection and privacy laws is dependent on your compliance with the terms of
this section of the Terms.
Data Analytics. You acknowledge and agree that Branch may collect and process
data from your Digital Properties as set forth in Branch’s Privacy Policy with
respect to your use of the Services. You grant to Branch a limited,
non-exclusive, non-sublicensable, non-transferable license to use the data
collected through the Services to provide, maintain, optimize and improve the
Services.

Data Security. Branch will maintain appropriate technical, administrative, and
physical safeguards for the protection of information on its servers, including
customer data, against unauthorized access, alteration, disclosure or
destruction. However, you acknowledge and agree that no method of transmission
over the Internet or method of electronic storage is completely secure, and that
Branch cannot guarantee the absolute security of such information.

Compliance with Applicable Law. You will comply with all laws, regulations, and
self-regulatory guidelines applicable to your business and operations and to
your use of the Services, including those governing the privacy, security and
trans-border transfers of personal data (including, but not limited to,
compliance with the General Data Protection Regulation (EU 2016/679) ("GDPR")
and the California Consumer Privacy Act (“CCPA”)). Where required, you shall be
responsible for (a) obtaining verifiable consent, in the form required by
applicable laws, regulations, and self-regulatory guidelines, related to any
personal data collected, used, maintained, and shared with Branch, or that you
direct Branch to share with any third party; (b) ensuring that you otherwise
have any and all rights required in order to provide such data to Branch or to
direct Branch to share it with any third party; and (c) obtaining data properly
and in accordance with applicable law, including, without limitation, the U.S.
Children’s Online Privacy Protection Act (“COPPA”), and the Video Privacy
Protection Act (18 U.S.C. § 2710) (“VPPA”). To the extent that any of your users
request that you not share their data with Branch, or to the extent that you
believe that any data you may have provided to Branch was inappropriately
obtained, you shall inform Branch immediately. Branch shall have no
responsibility or liability to the extent resulting from, or arising out of your
use of the Services not in compliance with the Agreement, the Documentation or
applicable law.

CCPA. If any data collected through your use of the Services is deemed personal
information and is subject to the CCPA, then the terms set forth in the Branch
CCPA Addendum (“CCPA Addendum“) available at
https://branch.io/branch-california-privacy-addendum/ (or its successor URL)
shall apply to the use and processing of such personal information and shall be
incorporated by reference into, and made an integral part of, the Agreement.



RESTRICTED AREAS OF THE SERVICES
Registration Information. In order to access and use the Services, you will
register an account. Any information provided during such registration must be
current, complete and accurate (“Registration Information”). It is your sole
responsibility to ensure Registration Information is up to date at all times.

Access Credentials. Certain parts of the Services, including account management
features, may be password-restricted to registered users or other authorized
persons. You may select individuals (your employees or your independent
contractors) to access and use such parts and you will obtain separate
credentials, e.g., user IDs and passwords, from Branch for such individuals
(each, an "Authorized User").

Responsibility. You are responsible for all actions taken under an Authorized
User’s account, whether or not such action was taken by an Authorized User or by
another party, and whether or not such action was authorized by an Authorized
User. You are responsible for the security of each Authorized User’s credentials
and shall take all necessary steps to protect each Authorized User’s credentials
from disclosure. You will not share (and will instruct each Authorized User not
to share) such credentials with any other person or entity or otherwise permit
any other person or entity to access or use the Services.



LINKS AND THIRD-PARTY CONTENT
Third Party Content. You may enable the Services to display, or contain links
to, third party products, services, and websites. Any opinions, advice,
statements, services, offers, or other information that constitute part of the
content expressed, authored, or made available by other users or other third
parties on the Services, or which is accessible through or may be located using
the Services (collectively, "Third-Party Content") are those of the respective
authors or producers and not of Branch or its shareholders, directors, officers,
employees, agents, or representatives. Branch does not control Third-Party
Content and does not guarantee the accuracy, integrity or quality of such
Third-Party Content. Branch is not responsible for the performance of, does not
endorse, and is not responsible or liable for, any Third-Party Content or any
information or materials advertised in any Third-Party Content. By using
Branch’s Services, you and/or your end users may be exposed to content that is
offensive, indecent, or objectionable. We are not responsible or liable,
directly or indirectly, for any damage or loss caused to you by your or a third
party’s use of or reliance on any goods, services, or information available on
or through any third-party service or Third-Party Content. It is your
responsibility to evaluate the information, opinion, advice, or other content
available on and through our Services.



USE POLICIES
You are solely responsible for any content and other material that you submit,
publish, transmit, or display on, through, or with our Services. Customer will
not use Branch’s Services in violation of Branch’s Acceptable Use Policy
currently available at https://branch.io/policies/#aup.



TRADEMARKS
Branch Trademark Rights. "Branch Metrics", the Branch Metrics logo, and any
other trademarks or service marks used by Branch or slogan displayed on the
Services ("Branch Marks") are trademarks of Branch and its suppliers or
licensors, and may not be copied, imitated or used, in whole or in part, without
the prior written permission of Branch or the applicable trademark holder. You
may not use any metatags or any other "hidden text" utilizing "Branch Metrics"
or any other Branch Marks without Branch’s prior written permission. In
addition, the look and feel of the Services, including all page headers, custom
graphics, button icons and scripts, is the trade dress of Branch and may not be
copied, imitated or used, in whole or in part, without Branch’s prior written
permission. All other trademarks, registered trademarks, product names and
company names or logos mentioned in the Services are the property of their
respective owners. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier, or otherwise does
not constitute or imply endorsement, sponsorship, or recommendation thereof by
Branch.



AGENCIES & PARTNERS
Agency Client. If you are an agency or a party representing, or providing
services for the benefit of, a third party (“Agency Client“), you represent and
warrant that you are authorized to act on behalf of, and bind to the Agreement,
that Agency Client (and upon Branch’s request shall provide evidence thereof).
You further represent and warrant that such Agency Client has provided you with
explicit permission to collect on its behalf and view Agency Client’s data and
that you shall use such data strictly in accordance with the permissions
provided to you by such Agency Client and the terms of the Agreement. You shall
ensure that each Agency Client agrees to the terms of the Agreement and any
applicable Order Form(s) and agrees to abide by its terms, including without
limitation, section 4 (Privacy and Data Rights) of these Terms. You acknowledge
and agree that: (i) Branch makes no representations or warranties for the direct
or indirect benefit of any Agency Client; and (ii) you shall not make any
representations or warranties to such Agency Client on behalf of Branch.

Partners. The Services enable you to measure and analyze its marketing campaigns
with certain third parties that you work with, such as advertising networks,
publishers and analytics providers (“Partners“). For such purpose, you may,
through your configuration of the Services (“Partner Features”), direct Branch
to provide data to, and receive data from Partners relating to end users
(“Shared Data”). Pursuant to the foregoing, insofar as you make use of the
Partner Features, you hereby grant Branch the right to provide Shared Data with
Partners as to which you make use of the Partner Features (the “Permitted
Partners”) and to obtain and process Shared Data from Permitted Partners. You
acknowledge and agree that: (i) the sharing of such Shared Data between Branch
and Permitted Partners will be available only to the extent enabled by the
Permitted Partner and Branch; (ii) any use of Shared Data by a Permitted Partner
shall be subject to your own agreements with Permitted Partner; (iii) Branch
shall have no liability or responsibility in connection with any acts or
omissions by Permitted Partners; (iv) any use or processing of Shared Data may
be subject to certain limitations and restrictions imposed by Permitted
Partners, and that Branch is not responsible for fulfilling such limitations and
restrictions unless expressly agreed to in writing between you and Branch.



CONFIDENTIAL INFORMATION
Definition. Each party to these Terms (a “Receiving Party”) may have access to,
or become acquainted with, certain non-public confidential information of the
other party (a “Disclosing Party”) including without limitation all information
clearly identified as confidential at the time of disclosure (“Confidential
Information”). You and Branch further agree that, subject to the rights and
licenses granted herein, each party's Confidential Information shall include all
non-public information regarding the Disclosing party, including without
limitation any customer, customer prospect, the terms, conditions and pricing
set forth in the Agreement and its Order Form(s), marketing, technical, business
and/or strategic plans or information provided by the Disclosing Party to the
Receiving party in the performance of the Services under the Agreement.

Use and Disclosure. Each party agrees as follows: (a) to use the Confidential
Information of the Disclosing Party only for the purposes permitted by the
Agreement, or as otherwise permitted by the Agreement; (b) to take all
reasonable steps to ensure that the Disclosing Party’s Confidential Information
is not disclosed or distributed by the Receiving Party’s employees or agents in
violation of the Agreement, but in no event will the Receiving party use less
effort to protect the Confidential Information of the Disclosing Party than it
uses to protect its own Confidential Information of like importance; (c) to
restrict access to the Confidential Information disclosed by the Disclosing
Party to such of the Receiving Party’s employees, agents and third parties, if
any, who have a need to have access and who have been advised of and have agreed
in writing or are otherwise bound to treat such information in accordance with
the Agreement; and (d) to return or destroy all Confidential Information of the
Disclosing Party’s written request, after termination of the Agreement. The
Receiving Party will not be obligated under this confidentiality section with
respect to information that: (a) is or has become readily publicly available
through no act or omission of the Receiving Party or its employees or agents;
(b) is received from a third party lawfully in possession of such information
and the Receiving Party has no knowledge of any disclosure restrictions on such
third party to disclose such information; (c) is disclosed to a third party by
the Disclosing Party without restriction on disclosure; (d) was rightfully in
the possession of the Receiving Party without restriction prior to its
disclosure by the Disclosing Party; or (e) was independently developed by
employees or consultants of the Receiving Party without reliance on, or
reference to, such Confidential Information.

Permitted Disclosures. Notwithstanding the foregoing, Confidential Information
may be disclosed as required by any governmental agency, provided that before
disclosing such information the Receiving Party must provide the Disclosing
Party with sufficient advance notice of the agency’s request for the information
to enable the Receiving Party to exercise any rights it may have to challenge or
limit the agency’s authority to receive such Confidential Information, to the
extent permitted by applicable law.



PROPRIETARY RIGHTS
Proprietary Rights. As between you and Branch, you shall retain all right, title
and interest in your Digital Properties. If you choose to use Customer’s Digital
Properties with a Service, you grant Branch permission to allow the Services to
interoperate with your Digital Properties as required for the interoperation of
your Digital Properties with the Service. Subject to the limited licenses
granted herein, Branch acquires no right, title or interest from you or your
licensors under the Agreement in or to your Digital Properties. Subject to the
limited rights expressly granted hereunder, Branch, its Affiliates, and its
licensors reserve all of their right, title and interest in and to the Services
(including the Branch application programming interfaces and the Branch software
development kits), all technology utilized by Branch to provide the Services,
and all of their related intellectual property rights related to, embodied by,
or incorporated in any of the foregoing and including any updates, upgrades,
enhancements, modifications and improvements made to, or derivatives of, the
foregoing. No copyright is granted by Branch to Customer hereunder. No rights
are granted to Customer hereunder other than as expressly set forth herein.
Feedback. Branch may provide you with a mechanism to provide feedback,
suggestions, and ideas, if you choose, about the Services ("Feedback"). You
agree that Branch may, in its sole discretion, use the Feedback you provide to
Branch in any way, including in future enhancements and modifications to the
Services. You hereby grant to Branch and its assigns a perpetual, worldwide,
fully transferable, sub-licensable, fully paid-up, irrevocable, royalty-free
license to use, reproduce, modify, create derivative works from, distribute, and
display the Feedback in any manner for any purpose, in any media, software, or
technology of any kind now existing or developed in the future, without any
obligation to provide attribution or compensation to you or any third party.


WARRANTY & DISCLAIMER OF WARRANTIES
Warranty. You represent and warrant to Branch that: (a) you are duly organized
under applicable law and have sufficient authority to enter into the Agreement;
(b) the person entering into the Agreement is authorized to agree to and execute
the Agreement on behalf of such party; and (c) the execution and performance of
the Agreement does not conflict with any contractual obligations you have to any
third party.

DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, THE SERVICES, AND THE
DOCUMENTATION ARE PROVIDED “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY
KIND. WITHOUT LIMITING THE FOREGOING, BRANCH EXPLICITLY DISCLAIMS ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE OF TRADE. Branch does not warrant the accuracy,
completeness, or usefulness of the Services, and the Documentation, nor does
Branch warrant that the Services will be free from errors, or that the
operations of the Services will be uninterrupted. You rely on the Services and
the Documentation at your own risk. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY THE
LIMITATIONS SET FORTH ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.



LIMITATION OF LIABILITY
BRANCH AND ITS SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE,
GOODWILL, USE, DATA THAT IS INCOMPLETE, MISSING, OR INCORRECT, OR OTHER
INTANGIBLE LOSSES (EVEN IF BRANCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM THIS AGREEMENT.

UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BRANCH AND ITS SUPPLIERS AND
LICENSORS RESULTING FROM THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY
CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM
IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT,
BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EXCEED
THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO BRANCH FOR USE OF THE SERVICES FOR
THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM IN THE AGGREGATE. SOME OF THE
LIMITATIONS PROVIDED HEREIN MAY NOT BE ALLOWED UNDER THE LAWS OF CERTAIN
JURISDICTIONS.

IF ANY SUCH LAW IS DEEMED TO APPLY TO THE AGREEMENT THEN THE LIMITATIONS SET
FORTH HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAWS.



INDEMNITY
Indemnity. You will defend Branch, its Affiliates and their officers, agents,
employees, representatives, and assigns (“Branch Indemnified Parties”) against
any claim, demand suit or action against Branch brought by a third party (a)
arising from your use of the Services in a unlawful manner or in violation of
the Agreement or applicable Order Form, or usage of the Services in violation of
the Documentation or (b) alleging that any of your Digital Properties developed
or provided by you, or the combination of your Digital Properties used with the
Services, infringes or misappropriates such third party’s intellectual property
rights (c) based on your instructions to share Shared Data with a Partner or (d)
related to a regulatory investigation (each a “Claim Against Branch”). You will
indemnify Branch Indemnified Parties from any costs, damages, and expenses
finally awarded against Branch Indemnified Parties as a result of, or for any
amounts paid by Branch Indemnified Parties under a settlement approved by you in
writing of, a Claim Against Branch. The above defense and indemnification
obligations do not apply if a Claim Against Branch arises from Branch’s breach
of the Agreement, or applicable Order Forms.

Agency Indemnity. If you are an agency or a party representing, or providing
services for the benefit of an Agency Client, in addition to the obligations set
forth in the section “AGENCIES & PARTNERS” of these Terms, you further agree to
indemnify, hold harmless and defend Branch Indemnified Parties from and against
any claim, demand, suit, or action and any related liability against a Branch
Indemnified Party brought by a third party, arising out of or relating to: (a)
any representations and warranties made by you concerning any aspect of the
Services to an Agency Client; (b) any claims made by or on behalf of any Agency
Client arising out or relating to your use of the Services; and (c) any claims
arising out of or relating to acts or omissions of an Agency Client in
connection with the Services.

Indemnification Procedure. Your obligations to provide indemnification under
this Agreement will be contingent upon (a) Branch promptly giving you written
notice of any claim for which indemnification is sought (provided that the
Branch’s failure to notify you will not diminish your obligations under this
Section, except to the extent that you are materially prejudiced as a result of
such failure); (b) you having sole control of the defense and settlement of any
and all claims for which indemnification is sought (provided that no settlement
may be entered into without either (i) the consent of Branch if such settlement
would require any action on the part of Branch or (ii) unconditionally releasing
Branch of all liability); and (c) Branch giving You all reasonably requested
assistance at Your expense. Subject to the foregoing, Branch will at all times
have the option to participate in any matter or litigation through counsel of
its own selection solely at its own expense.



MISCELLANEOUS
Governing Law. The Agreement and all matters arising out of or relating to the
Agreement shall be governed by and construed under the laws of the State of
California, without regard to its conflict of law provisions. The parties
expressly disclaim and exclude the application of the United Nations Convention
on Contracts for the International Sale of Goods.

Venue. Any legal action or proceeding arising out of or relating to the
Agreement shall be brought exclusively in the state or federal courts located in
the Northern District of California. You and Branch hereby agree to submit to
the jurisdiction of, and agree that venue is proper in, those courts in any such
legal action or proceeding.

No Waiver; Severability. Our failure to enforce any right or provision in the
Agreement will not constitute a waiver of such right or provision unless
acknowledged and agreed to by us in writing. If any provision of the Agreement
is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that the Agreement will otherwise
remain in full force and effect and enforceable.

Assignment. The Agreement is not assignable, transferable or sublicensable by
you except with Branch’s prior written consent. Branch may transfer and assign
any of its rights and obligations under the Agreement freely and without
consent.

Entire Agreement. Both you and Branch agree that the Agreement is the complete
and exclusive statement of the mutual understanding of the Parties and
supersedes all previous written and oral agreements, communications and other
understandings relating to your use of the Services, and that all waivers and
modifications must be in a signed writing by both Parties, except as otherwise
provided herein. Preprinted terms in your purchase orders or other
customer-generated ordering documents, or terms referenced or linked within
them, will have no effect on the Agreement and are hereby rejected, regardless
of whether they are signed, clicked through, or otherwise agreed to by Branch
and/or purport to take precedence over the Agreement. In the event of any
conflict or inconsistency among the following documents, the order of precedence
shall be: (1) the applicable Order Form, (2) any exhibit, schedule or addendum
to the Agreement, (3) the body of these Terms, and (4) the Documentation.

Relationship between the Parties. The Parties are independent contractors. No
agency, partnership, joint venture, fiduciary or employment relationship is
created as a result of the Agreement, and you do not have any authority of any
kind to bind Branch in any respect whatsoever.

Export / Trade Compliance. The Services and any derivatives thereof, may be
subject to export control and economic sanctions laws and regulations of the
United States and other jurisdictions. Both Customer and Branch each represent
that it is not named on any U.S. Government Consolidated Screening denied-party
list which may be searched at:
https://www.export.gov/article?id=Consolidated-Screening-List. Customer shall
not permit any entity or individual to access or use any of the Services who is
listed on the Consolidated Screening List or located in a U.S.
government-embargoed country (currently Cuba, Iran, North Korea, Syria and
Crimea), or known to be engaged in proliferation of nuclear, chemical or
biological weapons or missiles, or otherwise in violation of any U.S. export law
or regulation.

Third Party Beneficiary. No provision of the Agreement is intended, nor shall it
be interpreted, to provide or create any third-party beneficiary rights or any
other rights of any kind in any customer, affiliate, stockholder, partner,
member, director, officer or employee of any party hereto or any other person or
entity.

Marketing Support. You agree to comply with reasonable requests of Branch to
support public relations efforts pertaining to the Services, which efforts may
include: (a) a press release highlighting your company’s use of the Services;
(b) participation in targeted press and analyst interviews highlighting benefits
of implementing the Services; and (c) participation in customer case studies
developed by Branch and used on Branch’s website(s) and other collateral. You
grant to Branch a non-exclusive, non-transferable, limited right to use your
name, trademarks, and logos (collectively, the "Customer Marks") (i) for the
purpose of referencing You as a customer of Branch on the Branch website(s) and
(ii) in the production of marketing materials, provided that such use is in
accordance with any trademark and logo use guidelines that you provide to
Branch. All goodwill developed from such use shall be solely for your benefit.

Notices. Except as otherwise specified in the Agreement, all notices of
termination or an indemnifiable claim related to the Agreement (“Legal Notices”)
will be in writing and will be effective (a) upon receipt if personally
delivered to one of the addresses listed below, (b) upon receipt if sent by
certified or registered mail (return receipt requested), postage prepaid, to one
of the addresses listed below, or (c) upon receipt if transmitted by e-mail as
set forth below. If to Branch, all notices shall be provided to the mailing and
e-mail address set forth below (“Branch Notices”). Billing-related notices to
Customer will be addressed to the relevant billing contact designated by
Customer on the applicable Order Form. All Legal Notices and other notices to
Customer will be addressed to the relevant Services account administrator
designated by Customer.

Branch Notices: Legal notices should be sent to:


Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
With a copy provided to: legal@branch.io



CONTACTING US
If you have any questions or concerns about our Services or these Terms, you may
contact us at:

Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at info@branch.io









EFFECTIVE MAY 9, 2022  TO  MAY 9, 2022

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TABLE OF CONTENTS

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Terms & Conditions
Last updated January 28, 2022

INTRODUCTION

These Terms & Conditions (“Terms”) are entered into by and between of Branch
Metrics, Inc., a Delaware corporation d/b/a Branch Metrics ("Branch," "Branch
Metrics," "we," or "us") and the entity or person accessing this website
(“Website”) or placing an order for or accessing any Services made available by
Branch Metrics (“Customer” or “you” or “your”). “Services" means the products
and services that are made available online by Branch under these Terms, the
“Beta Services”, as defined in these Terms, other services or products that
Branch may make available from time to time, including associated Branch offline
or mobile components. Services exclude (i) Web-based, mobile, offline or other
software application functionality that interoperates with a Service, that is
provided by Customer or a third party, and (ii) Third-Party Content, as defined
in these Terms. By indicating your acceptance of these Terms or using any of our
Services, you agree to be legally bound by, and use our Services in compliance
with, all terms, conditions, and notices in the Agreement. By agreeing to these
Terms, you warrant that you are authorized to agree to these Terms on behalf of
you and/or your company. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT
USE OUR WEBSITE OR ANY SERVICES.

“Agreement” means these Terms together with any applicable Order Forms, and any
exhibits, appendices, schedules, or attachments identified or referenced in
these Terms, and any amendments attached hereto or hereafter attached by mutual
written agreement of the parties (all of which are incorporated herein by
reference).

“Order Form” means an ordering document or online order specifying the Services
to be provided hereunder that is entered into between Customer and Branch or any
of their Affiliates, including any addenda and supplements thereto. By entering
into an Order Form hereunder, an Affiliate agrees to be bound by the terms of
the Agreement as if it were an original party hereto.

“Documentation” means the applicable Service’s documentation and usage
guidelines at https://docs.branch.io/.

“Affiliate” means any entity that directly or indirectly controls, is controlled
by, or is under common control with the subject entity. “Control,” for purposes
of this definition, means direct or indirect ownership or control of more than
50% of the voting interests of the subject entity.

Modifications. We may make changes to these Terms from time to time. When we do,
we will revise the "Last updated" date given above. It is your responsibility to
review these Terms frequently and to remain informed of any changes to them. The
then-current version of these Terms will supersede all earlier versions. You
agree that your continued use of our Services after such changes have been
published to our Services will constitute your acceptance of such revised Terms.

SERVICE ACCESS AND AVAILABILITY

Service Access & Availability. Subject to your compliance with these terms and
conditions, Branch will make the Services available to you pursuant to the terms
of the Agreement and solely for Customer’s internal business needs. Branch
shall: (a) use commercially reasonable efforts to make the online Services
available 24 hours a day, 7 days a week, except for: (i) planned downtime (of
which Branch shall give advance electronic notice), (ii) emergency maintenance
that is reasonably unforeseeable and necessary for purposes of maintaining the
integrity or operation of the Services, regardless of the notice provided by
Branch and (iii) any unavailability caused by circumstances beyond Branch’s
reasonable control, including, for example, an act of God, act of government,
flood, fire, earthquake, civil unrest, act of terror, strike or other labor
problem (other than one involving Branch employees), Internet service provider
failure or delay, integrated third party applications , or denial of service
attack, and (b) provide the Services in accordance with laws and government
regulations applicable to Branch’s provision of its Services to its customers
generally (i.e., without regard for Customer’s particular use of the Services),
and subject to Customer’s use of the Services in accordance with the Agreement,
the Documentation and the applicable Order Form. Your rights to access and use
the Services are limited by all terms set forth in the Agreement.



RESTRICTIONS; UPDATES & SUPPORT
Restrictions. You must comply with all applicable laws when implementing,
configuring, and using the Services. Except as expressly permitted under these
Terms, you will not, and will not permit anyone else to: (a) make the
functionality of the Services to any third party through any means, including,
without limitation, any hosting, application services provider, service bureau,
or other type of service; (b) use any automated tool (e.g., robots, spiders) to
access or use the Services; (c) rent, lease, or sublicense your access to the
Services to another person; (d) circumvent or disable any digital rights
management, usage rules, or other security features of the Services or attempt
to gain unauthorized access to the Services or its related systems or networks;
(e) use the Services in a manner that overburdens, or that threatens the
integrity, performance, or availability of, the Services; (f) remove, alter, or
obscure any proprietary notices (including copyright and trademark notices) on
any portion of the Services; (g) send material containing software viruses,
worms, trojan horses, or other harmful computer code, files, scripts, agents, or
programs; or (h) use the Services in connection with any Apps or websites that
are directed to children under 13 (and in certain jurisdictions under the age of
16), without employing appropriate settings within the Branch SDKs to limit data
collection from such children in accordance with applicable law. More
information on these settings is available here. If you have questions about how
to use these settings or have any reason to believe that these resources may not
address your particular use case, please reach out to the Branch Support team
via the “Submit a Ticket” function at http://help.branch.io/. Notwithstanding
anything to the contrary in the Agreement, use of the Services in violation of
the foregoing restrictions by Customer that, in Branch’s judgment, threatens the
integrity, performance, availability, or security of the Services may result in
Branch’s immediate suspension of, or limitation in Customer’s access to, the
Services.

Updates and Support. Branch will maintain, support, update, and provide error
corrections for the Services to the same extent it does so for its customers
generally. Ultimately, you are responsible for timely integration and launch of
the Services. If Branch provides you with an update or maintenance release for
the offline components of the Branch Services, unless you receive a separate
license from Branch for that update or release that expressly supersedes these
Terms, such update or release will be subject to the terms and conditions of
these Terms. Branch shall have no liability for any damages that may result from
Customer’s failure to implement upgrades or updates to the Services provided
that Customer is notified in writing by Branch of an upgrade or update. All
support requests must be sent to the Branch Support team via the “Submit a
Ticket” function at http://help.branch.io/.



BETA SERVICES
From time to time, Branch may invite You to try Beta Services. “Beta Services”
means Our services or functionality that are not generally available to
customers at no additional charge and that may be made available to You to try
at Your option which are designated as beta, pilot, limited release, developer
preview, non-production, evaluation, or by a similar description. You may accept
or decline any such trial in Your sole discretion. Beta Services are for
evaluation purposes only and not for production use, are not subject to any
service level agreements (SLAs) agreed to between you and Branch, and may be
subject to additional terms. Branch is under no obligation to, maintain,
support, update, or provide error corrections for the Beta Services. Branch may
discontinue Beta Services at any time in Branch’s sole discretion and reserves
the right to never make them generally available. BRANCH WILL HAVE NO LIABILITY
FOR ANY HARM OR DAMAGE ARISING OUT OF, OR IN CONNECTION WITH, CUSTOMER’S USE OF
A BETA SERVICE. THE BETA SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE, AND ARE
EXCLUSIVE OF ANY WARRANTY WHATSOEVER. Without limiting the foregoing, BRANCH
EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. In the event of a
conflict or inconsistency between this section and any other provision of the
Agreement, the terms of this section “BETA SERVICES” shall control and prevail
with respect to Beta Services.



PAID SERVICE TERMS
Fees. You will pay to Branch all fees specified in an Order Form (“Fees”). You
are responsible for all undisputed Fees, even if such Fees are due and payable
after termination of the Agreement or any portion thereof. Fees are
non-cancellable and failure to use the Services does not constitute a basis for
refusing to pay any Fees. Except as expressly provided in the Agreement, you
will not receive any refund or prorated refund for amounts previously paid or
amounts owed up to the effective date of termination.

Payments & Invoicing. Any relevant paid service-specific terms including, for
example, contract duration, monthly fees, billing frequency, payment forms, and
payment term will be addressed within an associated Order Form. All charges
shall be invoiced in advance in accordance with the billing frequency stated in
the applicable Order Form. You shall be responsible for the payment of any fees
associated with an electronic funds transfer (i.e., ACH, wire transfer) when
issuing payment to Branch, which includes fees from Your financial institution
and intermediary banks. You are responsible for providing complete and accurate
billing and contact information to Branch and notifying Branch of any changes to
such information. In certain instances where your payment method is via credit
card, the issuer of the credit card may charge a transaction fee or related
charges, which you will be responsible to pay.

Payment by Credit Card. In certain instances where your payment method is via
credit card, the issuer of the credit card may charge a transaction fee or
related charges, which you will be responsible to pay. Fees will be billed to
the credit card nominated by you and you authorize the card issuer to pay all
such amounts and authorize Branch (or its billing agent) to charge the credit
card account until you or Branch cancels or terminates the Services as set forth
herein; provided that if payment is not received from the credit card issuer,
the transaction is returned after the payment has been settled, otherwise known
as chargeback, or if there are insufficient funds in the case of check or debit
card payments, you agree to pay all amounts plus any applicable transaction fees
(e.g., NSF fees, chargeback fees) due upon demand.

Payment Disputes. If you have concerns about any charges on your invoice, you
agree to the following dispute resolution process: (i) all billing disputes must
be submitted in writing to billing@branch.io, (ii) billing disputes must be
submitted within 90 days of the date the invoice was generated, and (iii)
undisputed amounts will be subject to the Agreement and total payment for
undisputed invoices or amounts must be submitted when due.

Suspension or Cancellation of Service; Payment Acceleration. Without derogating
from any other remedies available to Branch under the Agreement or by applicable
law, if you owe any undisputed Fees 30 days or more past due in connection with
any Services provided by Branch under any applicable Order Form, then, without
affecting any of your payment obligations under the Agreement (including, any
payment obligations under an Order Form), Branch is entitled to take further
action including but not limited to accelerating your unpaid fee obligations
under such agreement so that all such obligations become immediately due and
payable, and suspending and/or cancelling your access to the Services until such
amounts are paid in full. Branch reserves the right to send your account to a
collections agency for nonpayment (which may, in turn, report the uncollected
debt to credit bureaus) and to use your contact information for debt collection
purposes if the Agreement is terminated for non-payment as set forth herein
following a 10-day cure period.

Taxes. Branch’s Fees do not include any local, state, or federal sales, use,
excise, personal property, VAT, or other similar taxes, duties, levies, tariffs,
and other governmental charges (including, without limitation, any withholding
tax, and any such taxes, to the extent legally applicable, which shall be borne
and paid by Customer) (collectively, "Taxes"). If Branch has the legal
obligation to pay or collect Taxes for which you are responsible under this
section, Branch will invoice you and you will pay that amount unless you provide
Branch with a valid tax exemption certificate authorized by the appropriate
taxing authority. For clarity, you are responsible for payment of all Taxes
resulting from any Fees payable hereunder, other than any taxes based on
Branch’s net income, property, and employees.

Withholding Taxes. In the event Fees payable by you to Branch under the
Agreement are subject to any applicable withholding tax, goods and services tax,
or similar taxes required by any tax authority and you are required by
applicable law to remit such withholding tax, you: (a) may withhold and deduct
from any payments to Branch under the Agreement an amount equivalent to any
applicable withholding tax to the extent required by applicable law
("Withholding Tax"), (b) will pay to the relevant taxation authority the amount
of such applicable withholdings in accordance with applicable law; and (c) will
pay to Branch the applicable amounts under this Agreement net of such
Withholding Tax. You shall be discharged from the obligation to pay Withholding
Tax amounts to Branch provided that (1) you have remitted such amount to the
relevant taxation authority and (2) you furnish Branch with (i) your tax
registration certificate(s) as proof of registration with the applicable
taxation authority, and (ii) any and all relevant tax forms and/or statements
with proof of Withholding Tax remittance amount to the taxation authority, the
applicable rate, and other information which may reasonably be requested for the
purpose of assisting Branch to seek any allowable credits or deductions for the
Withholding Tax so withheld in each jurisdiction where you are subject to tax.

Overdue Charges. If any invoiced amount is not received by Branch by the due
date set forth in the applicable invoice, then without limiting Branch’s rights
or remedies, (a) those charges may accrue late interest at the rate of 2.5% of
the outstanding balance per month, and (b) Branch may condition future Order
Form renewals on payment terms shorter than those specified in the applicable
Order Form.

Term for Paid Services. Except as expressly set forth herein, the terms set
forth in these Terms shall be in force for as long as an Order Form referencing
the Agreement is in effect. Except as otherwise agreed to by you and Branch in a
superseding Order Form, at the end of an applicable term, your access to the
Services will automatically renew under the same Order Form terms (contract
duration, billing frequency, payment period, etc.), unless and until your access
to the Services is terminated in accordance with this section or either party to
these Terms provides the other with notice of non-renewal (email sufficient; if
to Branch, please email billing@branch.io) at least thirty (30) days prior to
the commencement of any renewal period.

Termination by Branch. Except as expressly agreed to by you and Branch in a
superseding Order Form, Branch reserves the right to modify or discontinue,
temporarily or permanently, all or any portion of the Services immediately upon
at least thirty (30) days’ written notice (email sufficient), provided that
Branch will promptly provide a pro-rated refund of all pre-paid and unearned
amounts based on the period of suspension or the date of discontinuance, as
applicable. Branch may also, in its sole discretion, terminate your access to
the Services or any portion thereof if you violate any terms of the Agreement,
unless you cure such breach within thirty (30) days of the date Branch provides
written notice to you of such violation. Termination by Branch for your
violation of these Terms will be effective as of the last day of the 30-day cure
period provided herein or immediately to the extent such violation reasonably
cannot be cured. Upon termination of the Agreement, any outstanding balance
through the effective date of termination and other unpaid payment obligations
will be immediately due and payable in full.



TERMINATION
Except with respect to paid services, as to which the terms and conditions
governing termination are set forth above in the section "PAID SERVICE TERMS" of
these Terms above, You acknowledge and agree that Branch, in its sole
discretion, may terminate your use of the Services without prior notice for any
reason at any time. You agree that Branch shall not be liable to you or any
third party for termination by Branch. Except when subject to a binding contract
duration (see any applicable Order Form), you may terminate your access to and
use of the Services at any time by providing written notice to Branch via the
“Submit a Ticket” function at http://help.branch.io/). Such termination will be
effective as of the last day of the calendar month during which such termination
notice is received.



SURVIVAL
Upon termination of the Agreement, those sections of these Terms that by their
nature would reasonably be expected to survive will survive termination or
expiration of these Terms, including but not limited to the sections on
Termination, Privacy Policy & Data Rights, Confidential Information, Proprietary
Rights, Limitation of Liability, and Legal Notices.



PRIVACY POLICY & DATA RIGHTS
Privacy Policy. You acknowledge and agree that you will provide a privacy policy
to your end users, which shall be in compliance with applicable laws and
self-regulatory guidelines, including, without limitation each of the
Self-Regulatory Principles of the Digital Advertising Alliance ("DAA"),
currently available at http://www.aboutads.info/principles, and the Principles
of the European Interactive Digital Alliance ("EDAA"), currently available at
http://www.edaa.eu/european-principles/, as each set of principles may be
amended from time to time.

Your privacy policy will further include clear, meaningful, and conspicuous
notice consistent with applicable laws, regulations, and self-regulatory
guidelines that includes, at minimum, the following: (a) disclosure regarding
your practices with regard to cookies and/or targeting and online behavioral
advertising; the types of data you collect for this purpose; and your data
collection, use and disclosure practices (including that by visiting your
Digital Properties, third parties may place cookies on end user browsers, or use
non-cookie technology, to collect data that you may use for this purpose); and
(b) information regarding how end users may opt out from receiving targeted
advertisements by visiting the NAI website opt-out page here:
http://www.networkadvertising.org/choices/, the DAA opt-out page here:
http://www.aboutads.info/, and/or the EDAA opt-out page here:
http://www.youronlinechoices.eu/. Your “Digital Properties” means your mobile
applications, websites and program code created by or for you using a Service or
for use by you with the Services. You further agree to obtain consent to your
practices from your end users with regard to cookies and/or targeting and online
behavioral advertising to the extent required by applicable laws, regulations,
and self-regulatory guidelines. If you use Branch’s Engagement Builder feature,
you agree to respect opt-out flags passed by Branch to you if you use Engagement
Builder data for targeted advertisements. You acknowledge and agree that your
use of the Services is subject to Branch’s Privacy Policy, located at
https://branch.io/policies/#privacy. Branch’s Privacy Policy does not cover your
Digital Properties, or the use of your Digital Properties, by your end users. It
is your obligation to provide your own privacy policy to your end users. You
acknowledge that Branch has no direct relationship or interface with your end
users and that Branch’s ability to comply with certain applicable data
protection and privacy laws is dependent on your compliance with the terms of
this section of the Terms.
Data Analytics. You acknowledge and agree that Branch may collect and process
data from your Digital Properties as set forth in Branch’s Privacy Policy with
respect to your use of the Services. You grant to Branch a limited,
non-exclusive, non-sublicensable, non-transferable license to use the data
collected through the Services to provide, maintain, optimize and improve the
Services.

Data Security. Branch will maintain appropriate technical, administrative, and
physical safeguards for the protection of information on its servers, including
customer data, against unauthorized access, alteration, disclosure or
destruction. However, you acknowledge and agree that no method of transmission
over the Internet or method of electronic storage is completely secure, and that
Branch cannot guarantee the absolute security of such information.

Compliance with Applicable Law. You will comply with all laws, regulations, and
self-regulatory guidelines applicable to your business and operations and to
your use of the Services, including those governing the privacy, security and
trans-border transfers of personal data (including, but not limited to,
compliance with the General Data Protection Regulation (EU 2016/679) ("GDPR")
and the California Consumer Privacy Act (“CCPA”)). Where required, you shall be
responsible for (a) obtaining verifiable consent, in the form required by
applicable laws, regulations, and self-regulatory guidelines, related to any
personal data collected, used, maintained, and shared with Branch, or that you
direct Branch to share with any third party; (b) ensuring that you otherwise
have any and all rights required in order to provide such data to Branch or to
direct Branch to share it with any third party; and (c) obtaining data properly
and in accordance with applicable law, including, without limitation, the U.S.
Children’s Online Privacy Protection Act (“COPPA”), and the Video Privacy
Protection Act (18 U.S.C. § 2710) (“VPPA”). To the extent that any of your users
request that you not share their data with Branch, or to the extent that you
believe that any data you may have provided to Branch was inappropriately
obtained, you shall inform Branch immediately. Branch shall have no
responsibility or liability to the extent resulting from, or arising out of your
use of the Services not in compliance with the Agreement, the Documentation or
applicable law.

CCPA. If any data collected through your use of the Services is deemed personal
information and is subject to the CCPA, then the terms set forth in the Branch
CCPA Addendum (“CCPA Addendum“) available at
https://branch.io/branch-california-privacy-addendum/ (or its successor URL)
shall apply to the use and processing of such personal information and shall be
incorporated by reference into, and made an integral part of, the Agreement.



RESTRICTED AREAS OF THE SERVICES
Registration Information. In order to access and use the Services, you will
register an account. Any information provided during such registration must be
current, complete and accurate (“Registration Information”). It is your sole
responsibility to ensure Registration Information is up to date at all times.

Access Credentials. Certain parts of the Services, including account management
features, may be password-restricted to registered users or other authorized
persons. You may select individuals (your employees or your independent
contractors) to access and use such parts and you will obtain separate
credentials, e.g., user IDs and passwords, from Branch for such individuals
(each, an "Authorized User").

Responsibility. You are responsible for all actions taken under an Authorized
User’s account, whether or not such action was taken by an Authorized User or by
another party, and whether or not such action was authorized by an Authorized
User. You are responsible for the security of each Authorized User’s credentials
and shall take all necessary steps to protect each Authorized User’s credentials
from disclosure. You will not share (and will instruct each Authorized User not
to share) such credentials with any other person or entity or otherwise permit
any other person or entity to access or use the Services.



LINKS AND THIRD-PARTY CONTENT
Third Party Content. You may enable the Services to display, or contain links
to, third party products, services, and websites. Any opinions, advice,
statements, services, offers, or other information that constitute part of the
content expressed, authored, or made available by other users or other third
parties on the Services, or which is accessible through or may be located using
the Services (collectively, "Third-Party Content") are those of the respective
authors or producers and not of Branch or its shareholders, directors, officers,
employees, agents, or representatives. Branch does not control Third-Party
Content and does not guarantee the accuracy, integrity or quality of such
Third-Party Content. Branch is not responsible for the performance of, does not
endorse, and is not responsible or liable for, any Third-Party Content or any
information or materials advertised in any Third-Party Content. By using
Branch’s Services, you and/or your end users may be exposed to content that is
offensive, indecent, or objectionable. We are not responsible or liable,
directly or indirectly, for any damage or loss caused to you by your or a third
party’s use of or reliance on any goods, services, or information available on
or through any third-party service or Third-Party Content. It is your
responsibility to evaluate the information, opinion, advice, or other content
available on and through our Services.



USE POLICIES
You are solely responsible for any content and other material that you submit,
publish, transmit, or display on, through, or with our Services. Customer will
not use Branch’s Services in violation of Branch’s Acceptable Use Policy
currently available at https://branch.io/policies/#aup.



TRADEMARKS
Branch Trademark Rights. "Branch Metrics", the Branch Metrics logo, and any
other trademarks or service marks used by Branch or slogan displayed on the
Services ("Branch Marks") are trademarks of Branch and its suppliers or
licensors, and may not be copied, imitated or used, in whole or in part, without
the prior written permission of Branch or the applicable trademark holder. You
may not use any metatags or any other "hidden text" utilizing "Branch Metrics"
or any other Branch Marks without Branch’s prior written permission. In
addition, the look and feel of the Services, including all page headers, custom
graphics, button icons and scripts, is the trade dress of Branch and may not be
copied, imitated or used, in whole or in part, without Branch’s prior written
permission. All other trademarks, registered trademarks, product names and
company names or logos mentioned in the Services are the property of their
respective owners. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier, or otherwise does
not constitute or imply endorsement, sponsorship, or recommendation thereof by
Branch.



AGENCIES & PARTNERS
Agency Client. If you are an agency or a party representing, or providing
services for the benefit of, a third party (“Agency Client“), you represent and
warrant that you are authorized to act on behalf of, and bind to the Agreement,
that Agency Client (and upon Branch’s request shall provide evidence thereof).
You further represent and warrant that such Agency Client has provided you with
explicit permission to collect on its behalf and view Agency Client’s data and
that you shall use such data strictly in accordance with the permissions
provided to you by such Agency Client and the terms of the Agreement. You shall
ensure that each Agency Client agrees to the terms of the Agreement and any
applicable Order Form(s) and agrees to abide by its terms, including without
limitation, section 4 (Privacy and Data Rights) of these Terms. You acknowledge
and agree that: (i) Branch makes no representations or warranties for the direct
or indirect benefit of any Agency Client; and (ii) you shall not make any
representations or warranties to such Agency Client on behalf of Branch.

Partners. The Services enable you to measure and analyze its marketing campaigns
with certain third parties that you work with, such as advertising networks,
publishers and analytics providers (“Partners“). For such purpose, you may,
through your configuration of the Services (“Partner Features”), direct Branch
to provide data to, and receive data from Partners relating to end users
(“Shared Data”). Pursuant to the foregoing, insofar as you make use of the
Partner Features, you hereby grant Branch the right to provide Shared Data with
Partners as to which you make use of the Partner Features (the “Permitted
Partners”) and to obtain and process Shared Data from Permitted Partners. You
acknowledge and agree that: (i) the sharing of such Shared Data between Branch
and Permitted Partners will be available only to the extent enabled by the
Permitted Partner and Branch; (ii) any use of Shared Data by a Permitted Partner
shall be subject to your own agreements with Permitted Partner; (iii) Branch
shall have no liability or responsibility in connection with any acts or
omissions by Permitted Partners; (iv) any use or processing of Shared Data may
be subject to certain limitations and restrictions imposed by Permitted
Partners, and that Branch is not responsible for fulfilling such limitations and
restrictions unless expressly agreed to in writing between you and Branch.



CONFIDENTIAL INFORMATION
Definition. Each party to these Terms (a “Receiving Party”) may have access to,
or become acquainted with, certain non-public confidential information of the
other party (a “Disclosing Party”) including without limitation all information
clearly identified as confidential at the time of disclosure (“Confidential
Information”). You and Branch further agree that, subject to the rights and
licenses granted herein, each party's Confidential Information shall include all
non-public information regarding the Disclosing party, including without
limitation any customer, customer prospect, the terms, conditions and pricing
set forth in the Agreement and its Order Form(s), marketing, technical, business
and/or strategic plans or information provided by the Disclosing Party to the
Receiving party in the performance of the Services under the Agreement.

Use and Disclosure. Each party agrees as follows: (a) to use the Confidential
Information of the Disclosing Party only for the purposes permitted by the
Agreement, or as otherwise permitted by the Agreement; (b) to take all
reasonable steps to ensure that the Disclosing Party’s Confidential Information
is not disclosed or distributed by the Receiving Party’s employees or agents in
violation of the Agreement, but in no event will the Receiving party use less
effort to protect the Confidential Information of the Disclosing Party than it
uses to protect its own Confidential Information of like importance; (c) to
restrict access to the Confidential Information disclosed by the Disclosing
Party to such of the Receiving Party’s employees, agents and third parties, if
any, who have a need to have access and who have been advised of and have agreed
in writing or are otherwise bound to treat such information in accordance with
the Agreement; and (d) to return or destroy all Confidential Information of the
Disclosing Party’s written request, after termination of the Agreement. The
Receiving Party will not be obligated under this confidentiality section with
respect to information that: (a) is or has become readily publicly available
through no act or omission of the Receiving Party or its employees or agents;
(b) is received from a third party lawfully in possession of such information
and the Receiving Party has no knowledge of any disclosure restrictions on such
third party to disclose such information; (c) is disclosed to a third party by
the Disclosing Party without restriction on disclosure; (d) was rightfully in
the possession of the Receiving Party without restriction prior to its
disclosure by the Disclosing Party; or (e) was independently developed by
employees or consultants of the Receiving Party without reliance on, or
reference to, such Confidential Information.

Permitted Disclosures. Notwithstanding the foregoing, Confidential Information
may be disclosed as required by any governmental agency, provided that before
disclosing such information the Receiving Party must provide the Disclosing
Party with sufficient advance notice of the agency’s request for the information
to enable the Receiving Party to exercise any rights it may have to challenge or
limit the agency’s authority to receive such Confidential Information, to the
extent permitted by applicable law.



PROPRIETARY RIGHTS
Proprietary Rights. As between you and Branch, you shall retain all right, title
and interest in your Digital Properties. If you choose to use Customer’s Digital
Properties with a Service, you grant Branch permission to allow the Services to
interoperate with your Digital Properties as required for the interoperation of
your Digital Properties with the Service. Subject to the limited licenses
granted herein, Branch acquires no right, title or interest from you or your
licensors under the Agreement in or to your Digital Properties. Subject to the
limited rights expressly granted hereunder, Branch, its Affiliates, and its
licensors reserve all of their right, title and interest in and to the Services
(including the Branch application programming interfaces and the Branch software
development kits), all technology utilized by Branch to provide the Services,
and all of their related intellectual property rights related to, embodied by,
or incorporated in any of the foregoing and including any updates, upgrades,
enhancements, modifications and improvements made to, or derivatives of, the
foregoing. No copyright is granted by Branch to Customer hereunder. No rights
are granted to Customer hereunder other than as expressly set forth herein.



Feedback. Branch may provide you with a mechanism to provide feedback,
suggestions, and ideas, if you choose, about the Services ("Feedback"). You
agree that Branch may, in its sole discretion, use the Feedback you provide to
Branch in any way, including in future enhancements and modifications to the
Services. You hereby grant to Branch and its assigns a perpetual, worldwide,
fully transferable, sub-licensable, fully paid-up, irrevocable, royalty-free
license to use, reproduce, modify, create derivative works from, distribute, and
display the Feedback in any manner for any purpose, in any media, software, or
technology of any kind now existing or developed in the future, without any
obligation to provide attribution or compensation to you or any third party.


WARRANTY & DISCLAIMER OF WARRANTIES
Warranty. You represent and warrant to Branch that: (a) you are duly organized
under applicable law and have sufficient authority to enter into the Agreement;
(b) the person entering into the Agreement is authorized to agree to and execute
the Agreement on behalf of such party; and (c) the execution and performance of
the Agreement does not conflict with any contractual obligations you have to any
third party.

DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, THE SERVICES, AND THE
DOCUMENTATION ARE PROVIDED “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY
KIND. WITHOUT LIMITING THE FOREGOING, BRANCH EXPLICITLY DISCLAIMS ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE OF TRADE. Branch does not warrant the accuracy,
completeness, or usefulness of the Services, and the Documentation, nor does
Branch warrant that the Services will be free from errors, or that the
operations of the Services will be uninterrupted. You rely on the Services and
the Documentation at your own risk. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY THE
LIMITATIONS SET FORTH ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.



LIMITATION OF LIABILITY
BRANCH AND ITS SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE,
GOODWILL, USE, DATA THAT IS INCOMPLETE, MISSING, OR INCORRECT, OR OTHER
INTANGIBLE LOSSES (EVEN IF BRANCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM THIS AGREEMENT.

UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BRANCH AND ITS SUPPLIERS AND
LICENSORS RESULTING FROM THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY
CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM
IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT,
BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EXCEED
THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO BRANCH FOR USE OF THE SERVICES FOR
THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM IN THE AGGREGATE. SOME OF THE
LIMITATIONS PROVIDED HEREIN MAY NOT BE ALLOWED UNDER THE LAWS OF CERTAIN
JURISDICTIONS.

IF ANY SUCH LAW IS DEEMED TO APPLY TO THE AGREEMENT THEN THE LIMITATIONS SET
FORTH HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAWS.



INDEMNITY
Indemnity. You will defend Branch, its Affiliates and their officers, agents,
employees, representatives, and assigns (“Branch Indemnified Parties”) against
any claim, demand suit or action against Branch brought by a third party (a)
arising from your use of the Services in a unlawful manner or in violation of
the Agreement or applicable Order Form, or usage of the Services in violation of
the Documentation or (b) alleging that any of your Digital Properties developed
or provided by you, or the combination of your Digital Properties used with the
Services, infringes or misappropriates such third party’s intellectual property
rights (c) based on your instructions to share Shared Data with a Partner or (d)
related to a regulatory investigation (each a “Claim Against Branch”). You will
indemnify Branch Indemnified Parties from any costs, damages, and expenses
finally awarded against Branch Indemnified Parties as a result of, or for any
amounts paid by Branch Indemnified Parties under a settlement approved by you in
writing of, a Claim Against Branch. The above defense and indemnification
obligations do not apply if a Claim Against Branch arises from Branch’s breach
of the Agreement, or applicable Order Forms.

Agency Indemnity. If you are an agency or a party representing, or providing
services for the benefit of an Agency Client, in addition to the obligations set
forth in the section “AGENCIES & PARTNERS” of these Terms, you further agree to
indemnify, hold harmless and defend Branch Indemnified Parties from and against
any claim, demand, suit, or action and any related liability against a Branch
Indemnified Party brought by a third party, arising out of or relating to: (a)
any representations and warranties made by you concerning any aspect of the
Services to an Agency Client; (b) any claims made by or on behalf of any Agency
Client arising out or relating to your use of the Services; and (c) any claims
arising out of or relating to acts or omissions of an Agency Client in
connection with the Services.

Indemnification Procedure. Your obligations to provide indemnification under
this Agreement will be contingent upon (a) Branch promptly giving you written
notice of any claim for which indemnification is sought (provided that the
Branch’s failure to notify you will not diminish your obligations under this
Section, except to the extent that you are materially prejudiced as a result of
such failure); (b) you having sole control of the defense and settlement of any
and all claims for which indemnification is sought (provided that no settlement
may be entered into without either (i) the consent of Branch if such settlement
would require any action on the part of Branch or (ii) unconditionally releasing
Branch of all liability); and (c) Branch giving You all reasonably requested
assistance at Your expense. Subject to the foregoing, Branch will at all times
have the option to participate in any matter or litigation through counsel of
its own selection solely at its own expense.



MISCELLANEOUS
Governing Law. The Agreement and all matters arising out of or relating to the
Agreement shall be governed by and construed under the laws of the State of
California, without regard to its conflict of law provisions. The parties
expressly disclaim and exclude the application of the United Nations Convention
on Contracts for the International Sale of Goods.

Venue. Any legal action or proceeding arising out of or relating to the
Agreement shall be brought exclusively in the state or federal courts located in
the Northern District of California. You and Branch hereby agree to submit to
the jurisdiction of, and agree that venue is proper in, those courts in any such
legal action or proceeding.

No Waiver; Severability. Our failure to enforce any right or provision in the
Agreement will not constitute a waiver of such right or provision unless
acknowledged and agreed to by us in writing. If any provision of the Agreement
is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that the Agreement will otherwise
remain in full force and effect and enforceable.

Assignment. The Agreement is not assignable, transferable or sublicensable by
you except with Branch’s prior written consent. Branch may transfer and assign
any of its rights and obligations under the Agreement freely and without
consent.

Entire Agreement. Both you and Branch agree that the Agreement is the complete
and exclusive statement of the mutual understanding of the Parties and
supersedes all previous written and oral agreements, communications and other
understandings relating to your use of the Services, and that all waivers and
modifications must be in a signed writing by both Parties, except as otherwise
provided herein. Preprinted terms in your purchase orders or other
customer-generated ordering documents, or terms referenced or linked within
them, will have no effect on the Agreement and are hereby rejected, regardless
of whether they are signed, clicked through, or otherwise agreed to by Branch
and/or purport to take precedence over the Agreement. In the event of any
conflict or inconsistency among the following documents, the order of precedence
shall be: (1) the applicable Order Form, (2) any exhibit, schedule or addendum
to the Agreement, (3) the body of these Terms, and (4) the Documentation.

Relationship between the Parties. The Parties are independent contractors. No
agency, partnership, joint venture, fiduciary or employment relationship is
created as a result of the Agreement, and you do not have any authority of any
kind to bind Branch in any respect whatsoever.

Export / Trade Compliance. The Services and any derivatives thereof, may be
subject to export control and economic sanctions laws and regulations of the
United States and other jurisdictions. Both Customer and Branch each represent
that it is not named on any U.S. Government Consolidated Screening denied-party
list which may be searched at:
https://www.export.gov/article?id=Consolidated-Screening-List. Customer shall
not permit any entity or individual to access or use any of the Services who is
listed on the Consolidated Screening List or located in a U.S.
government-embargoed country (currently Cuba, Iran, North Korea, Syria and
Crimea), or known to be engaged in proliferation of nuclear, chemical or
biological weapons or missiles, or otherwise in violation of any U.S. export law
or regulation.

Third Party Beneficiary. No provision of the Agreement is intended, nor shall it
be interpreted, to provide or create any third-party beneficiary rights or any
other rights of any kind in any customer, affiliate, stockholder, partner,
member, director, officer or employee of any party hereto or any other person or
entity.

Marketing Support. You agree to comply with reasonable requests of Branch to
support public relations efforts pertaining to the Services, which efforts may
include: (a) a press release highlighting your company’s use of the Services;
(b) participation in targeted press and analyst interviews highlighting benefits
of implementing the Services; and (c) participation in customer case studies
developed by Branch and used on Branch’s website(s) and other collateral. You
grant to Branch a non-exclusive, non-transferable, limited right to use your
name, trademarks, and logos (collectively, the "Customer Marks") (i) for the
purpose of referencing You as a customer of Branch on the Branch website(s) and
(ii) in the production of marketing materials, provided that such use is in
accordance with any trademark and logo use guidelines that you provide to
Branch. All goodwill developed from such use shall be solely for your benefit.

Notices. Except as otherwise specified in the Agreement, all notices of
termination or an indemnifiable claim related to the Agreement (“Legal Notices”)
will be in writing and will be effective (a) upon receipt if personally
delivered to one of the addresses listed below, (b) upon receipt if sent by
certified or registered mail (return receipt requested), postage prepaid, to one
of the addresses listed below, or (c) upon receipt if transmitted by e-mail as
set forth below. If to Branch, all notices shall be provided to the mailing and
e-mail address set forth below (“Branch Notices”). Billing-related notices to
Customer will be addressed to the relevant billing contact designated by
Customer on the applicable Order Form. All Legal Notices and other notices to
Customer will be addressed to the relevant Services account administrator
designated by Customer.

Branch Notices: Legal notices should be sent to:


Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
With a copy provided to: legal@branch.io



CONTACTING US
If you have any questions or concerns about our Services or these Terms, you may
contact us at:

Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at info@branch.io










CALIFORNIA PRIVACY ADDENDUM

Version Version 3.0  (Current) Version 2.0 Version 1.0

EFFECTIVE JANUARY 1, 2023

Download

--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------


CALIFORNIA PRIVACY ADDENDUM

Effective: January 1, 2023

This California Privacy Addendum (“Addendum”) amends and is an integral part of
Branch Metrics, Inc.’s Terms & Conditions (or instead, where there is a service
agreement in place between you and Branch (“Service Agreement”), of that Service
Agreement), which together with one or more Order Forms, addendums, or exhibits
forms the “Agreement” between you (“Customer,” “you,” or “your”) and Branch
Metrics, Inc. d/b/a Branch Metrics (“Branch,” “Branch Metrics,” “we,” or “us”),
each a “Party” and collectively the “Parties”. This Addendum shall prevail over
any conflicting term of the Agreement regarding the Personal Information of
residents of the State of California.


I. DEFINITIONS

Top

The following terms will have the meanings set forth below. Capitalized terms
used in this Addendum that are not defined herein shall have the meanings set
forth in the Agreement.
 1. “CCPA” means the California Consumer Privacy Act at Cal. Civ. Code §§
    1798.100 - 1798.199, including its implementing regulations.
 2. “Personal Information” shall have the meaning set forth in the CCPA, limited
    to the information that Branch processes on behalf of Customer in its
    performance of its obligations under the Agreement.
 3. The terms “Business,” “Service Provider,” “Share,” and “Sell” shall have the
    meaning set forth in the CCPA.


II. PARTIES’ ROLES AND PROCESSING DETAILS

Top

 1. The Parties agree that you are a Business and Branch is a Service Provider.
 2. Branch shall process Personal Information as necessary for the performance
    of the Services, as well as related support and professional services as set
    forth in the Agreement, or where directed by other reasonable documented
    instructions provided by Customer (collectively, the “Business Purposes”).


III. BRANCH’S OBLIGATIONS

Top

 1. Customer Instructions. Customer directs Branch to collect, retain, use,
    disclose, and/or otherwise process Personal Information (i) to fulfill
    Branch’s obligations to perform the Business Purposes, (ii) to fulfill
    Branch’s obligations in this Addendum, (iii) internal use as permitted by
    the CCPA, (iv) to detect data security incidents or protect against
    fraudulent or illegal activity, and (v) as otherwise directed by Customer in
    writing.
 2. Use Limitations. Except as authorized by the CCPA, Branch shall:
    1. not Sell or Share Personal Information;
    2. not retain, use, or disclose Personal Information outside of the direct
       business relationship between Customer and Branch that would render it a
       “Third Party” under CCPA;
    3. not retain, use, or disclose Personal Information for any commercial
       purpose other than the Business Purposes;
    4. not attempt to re-identify any pseudonymized, anonymized, aggregate, or
       de-identified Personal Information without Customer’s express written
       permission;
    5. not attempt to link, identify, or otherwise create a relationship between
       Personal Information and other personal information or any other data
       without the express authorization of Customer;
    6. comply with any applicable restrictions under the CCPA on combining
       Personal Information with personal information that Branch receives from,
       or on behalf of, another person or persons, or that Branch collects from
       any interaction between it and any individual;
    7. provide the same level of protection for Personal Information as is
       required under the CCPA as to Customer;
    8. not otherwise engage in any processing of Personal Information that is
       prohibited or not permitted by Service Providers under the CCPA; and
    9. notify Customer if Branch determines it can no longer meet its
       obligations under the CCPA.
 3. Permitted Uses. In addition to the purposes set forth above, Customer
    understands and agrees that Branch may collect, retain, use, disclose, and
    otherwise process Personal Information as follows:
    1. To collect, use, retain, share, or disclose Personal Information that has
       been (A) aggregated or (B) de-identified in accordance with the CCPA.
    2. To comply with applicable laws.
    3. To comply with a civil, criminal, or regulatory inquiry, investigation,
       subpoena, or summons by federal, state, or local authorities
    4. To cooperate with law enforcement agencies concerning conduct or activity
       that Customer, Branch, or a third party reasonably and in good faith
       believes may violate federal, state, or local law.
    5. To exercise or defend legal claims.
 4. Access, Deletion, and Correction Requests. Upon written request of Customer,
    Branch shall assist Customer in complying with Customer’s obligations under
    the CCPA to respond to verifiable consumer requests to access, delete, or
    correct Personal Information. Branch shall have no obligation to re-identify
    or otherwise link information that is not maintained in a manner that would
    be considered Personal Information.
 5. Branch Certification. Branch certifies that it understands the restrictions
    and obligations set forth above.


IV. CUSTOMER RIGHTS AND OBLIGATIONS.

Top

 1. Compliance with Applicable Law. Customer shall comply with applicable laws,
    including without limitation, and to the extent required: (i) providing
    notice; (ii) obtaining consent; (iii) honoring access, deletion, opt-out,
    and opt-in rights and requests; and (iv) otherwise ensuring that it and
    Branch have any and all rights required in order for Branch to collect,
    retain, use, disclose, and otherwise process Personal Information under the
    Agreement.
 2. Customer Directions. Customer shall not direct Branch to collect, retain,
    use, disclose, or otherwise process Personal Information in violation of the
    CCPA or other applicable laws.
 3. Responding to Requests. Customer understands and agrees that it is solely
    responsible for responding to requests to exercise individual rights and
    that Branch shall have no responsibility to respond directly to an
    individual on the Customer’s behalf, absent written instructions from the
    Customer. Where Branch receives a consumer request to access, correct, or
    delete Personal Information, it may inform the individual that the request
    cannot be acted upon because the request has been sent to a Service
    Provider.
 4. Remediation. Customer may take reasonable and appropriate steps to ensure
    Branch uses the Personal Information consistent with Customer’s obligations
    under the CCPA. Customer retains the right to take reasonable and
    appropriate steps to stop and remediate unauthorized processing of Personal
    Information, including any Personal Information not expressly authorized in
    this Addendum.

EFFECTIVE DECEMBER 22, 2022  TO  JANUARY 1, 2023

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TABLE OF CONTENTS

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CALIFORNIA PRIVACY ADDENDUM

Effective: January 1, 2023


This California Privacy Addendum (“Addendum”) amends and is an integral part of
Branch Metrics, Inc.’s Terms & Conditions (or instead, where there is a service
agreement in place between you and Branch (“Service Agreement”), of that Service
Agreement), which together with one or more Order Forms, addendums, or exhibits
forms the “Agreement” between you (“Customer,” “you,” or “your”) and Branch
Metrics, Inc. d/b/a Branch Metrics (“Branch,” “Branch Metrics,” “we,” or “us”),
each a “Party” and collectively the “Parties”. This Addendum shall prevail over
any conflicting term of the Agreement regarding the Personal Information of
residents of the State of California.


I. DEFINITIONS
Top
The following terms will have the meanings set forth below. Capitalized terms
used in this Addendum that are not defined herein shall have the meanings set
forth in the Agreement.
 1. “CCPA” means the California Consumer Privacy Act at Cal. Civ. Code §§
    1798.100 - 1798.199, including its implementing regulations.
 2. “Personal Information” shall have the meaning set forth in the CCPA, limited
    to the information that Branch processes on behalf of Customer in its
    performance of its obligations under the Agreement.
 3. The terms “Business,” “Service Provider,” “Share,” and “Sell” shall have the
    meaning set forth in the CCPA.



II. PARTIES’ ROLES AND PROCESSING DETAILS
Top
 1. The Parties agree that you are a Business and Branch is a Service Provider.
 2. Branch shall process Personal Information as necessary for the performance
    of the Services, as well as related support and professional services as set
    forth in the Agreement, or where directed by other reasonable documented
    instructions provided by Customer (collectively, the “Business Purposes”).



III. BRANCH’S OBLIGATIONS
Top
 1. Customer Instructions. Customer directs Branch to collect, retain, use,
    disclose, and/or otherwise process Personal Information (i) to fulfill
    Branch’s obligations to perform the Business Purposes, (ii) to fulfill
    Branch’s obligations in this Addendum, (iii) internal use as permitted by
    the CCPA, (iv) to detect data security incidents or protect against
    fraudulent or illegal activity, and (v) as otherwise directed by Customer in
    writing.
 2. Use Limitations. Except as authorized by the CCPA, Branch shall:
    1. not Sell or Share Personal Information;
    2. not retain, use, or disclose Personal Information outside of the direct
       business relationship between Customer and Branch that would render it a
       “Third Party” under CCPA;
    3. not retain, use, or disclose Personal Information for any commercial
       purpose other than the Business Purposes;
    4. not attempt to re-identify any pseudonymized, anonymized, aggregate, or
       de-identified Personal Information without Customer’s express written
       permission;
    5. not attempt to link, identify, or otherwise create a relationship between
       Personal Information and other personal information or any other data
       without the express authorization of Customer;
    6. comply with any applicable restrictions under the CCPA on combining
       Personal Information with personal information that Branch receives from,
       or on behalf of, another person or persons, or that Branch collects from
       any interaction between it and any individual;
    7. provide the same level of protection for Personal Information as is
       required under the CCPA as to Customer;
    8. not otherwise engage in any processing of Personal Information that is
       prohibited or not permitted by Service Providers under the CCPA; and
    9. notify Customer if Branch determines it can no longer meet its
       obligations under the CCPA.
 3. Permitted Uses. In addition to the purposes set forth above, Customer
    understands and agrees that Branch may collect, retain, use, disclose, and
    otherwise process Personal Information as follows:
    1. To collect, use, retain, share, or disclose Personal Information that has
       been (A) aggregated or (B) de-identified in accordance with the CCPA.
    2. To comply with applicable laws.
    3. To comply with a civil, criminal, or regulatory inquiry, investigation,
       subpoena, or summons by federal, state, or local authorities
    4. To cooperate with law enforcement agencies concerning conduct or activity
       that Customer, Branch, or a third party reasonably and in good faith
       believes may violate federal, state, or local law.
    5. To exercise or defend legal claims.
 4. Access, Deletion, and Correction Requests. Upon written request of Customer,
    Branch shall assist Customer in complying with Customer’s obligations under
    the CCPA to respond to verifiable consumer requests to access, delete, or
    correct Personal Information. Branch shall have no obligation to re-identify
    or otherwise link information that is not maintained in a manner that would
    be considered Personal Information.
 5. Branch Certification. Branch certifies that it understands the restrictions
    and obligations set forth above.



IV. CUSTOMER RIGHTS AND OBLIGATIONS.
Top
 1. Compliance with Applicable Law. Customer shall comply with applicable laws,
    including without limitation, and to the extent required: (i) providing
    notice; (ii) obtaining consent; (iii) honoring access, deletion, opt-out,
    and opt-in rights and requests; and (iv) otherwise ensuring that it and
    Branch have any and all rights required in order for Branch to collect,
    retain, use, disclose, and otherwise process Personal Information under the
    Agreement.
 2. Customer Directions. Customer shall not direct Branch to collect, retain,
    use, disclose, or otherwise process Personal Information in violation of the
    CCPA or other applicable laws.
 3. Responding to Requests. Customer understands and agrees that it is solely
    responsible for responding to requests to exercise individual rights and
    that Branch shall have no responsibility to respond directly to an
    individual on the Customer’s behalf, absent written instructions from the
    Customer. Where Branch receives a consumer request to access, correct, or
    delete Personal Information, it may inform the individual that the request
    cannot be acted upon because the request has been sent to a Service
    Provider.
 4. Remediation. Customer may take reasonable and appropriate steps to ensure
    Branch uses the Personal Information consistent with Customer’s obligations
    under the CCPA. Customer retains the right to take reasonable and
    appropriate steps to stop and remediate unauthorized processing of Personal
    Information, including any Personal Information not expressly authorized in
    this Addendum.

EFFECTIVE OCTOBER 11, 2022  TO  DECEMBER 22, 2022

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TABLE OF CONTENTS

--------------------------------------------------------------------------------





CALIFORNIA PRIVACY ADDENDUM

Updated: September 9th, 2021
This California Privacy Addendum (“Addendum”) amends and is an integral part of
Branch Metrics, Inc.’s Terms & Conditions (or instead, where there is a service
agreement in place between you and Branch (“Service Agreement”), of that Service
Agreement), which together with one or more Order Forms, addendums, or exhibits
forms the “Agreement” between you (“Business,” “you,” or “your”) and Branch
Metrics, Inc. d/b/a Branch Metrics (“Branch,” “Branch Metrics,” “we,” or “us”),
each a “Party” and collectively the “Parties”. This Addendum shall prevail over
any conflicting term of the Agreement with regard to the Personal Information of
residents of the State of California.
I. DEFINITIONS
Top
The following terms will have the meanings set forth below. Capitalized terms
used in this Addendum that are not defined herein shall have the meanings set
forth in the Agreement.
 a. “CCPA” means the California Consumer Privacy Act at Cal. Civ. Code §§
    1798.100 - 1798.199.
 b. “Personal Information” shall have the meaning set forth in the CCPA, limited
    to the information that Branch processes on behalf of Business.
 c. The terms “Business” and “Sell” shall have the meaning set forth in the
    CCPA.
    

II. PARTIES’ ROLES
Top

 a. The Parties agree that you are a Business and Branch is a Service Provider,
    as those terms are defined in the CCPA.
    

III. BRANCH’S OBLIGATIONS
Top

 a. Business Instructions. Business directs Branch to collect, retain, use,
    disclose, and/or otherwise process Personal Information for (i) to fulfill
    Branch’s obligations to perform the Branch Services under the Agreement,
    (ii) to fulfill Branch’s obligations in this Addendum, (iii) internal use as
    permitted by the CCPA, (iv) to detect data security incidents or protect
    against fraudulent or illegal activity, and (v) as otherwise directed by
    Business in writing.
 b. Use Limitations. Branch shall not Sell Personal Information or otherwise
    retain, use, or disclose Personal Information for any commercial purpose
    other than for the specific purposes set forth herein.
 c. Permitted Uses. In addition to the purposes set forth above, Business
    understands and agrees that Branch may collect, retain, use, disclose, and
    otherwise process Personal Information as follows:
    
    i.   To collect, use, retain, share, or disclose Personal Information that
         has been (A) aggregated or (B) de-identified in accordance with the
         CCPA.
    ii.  To comply with applicable laws.
    iii. To comply with a civil, criminal, or regulatory inquiry, investigation,
         subpoena, or summons by federal, state, or local authorities
    iv.  To cooperate with law enforcement agencies concerning conduct or
         activity that Business, Branch, or a third party reasonably and in good
         faith believes may violate federal, state, or local law.
    v.   To exercise or defend legal claims.
 d. Access and Deletion Requests. Upon written request of Business, Branch shall
    assist Business in complying with Business’ obligations under the CCPA to
    respond to verifiable consumer requests to access or delete Personal
    Information. Branch shall have no obligation to reidentify or otherwise link
    information that is not maintained in a manner that would be considered
    Personal Information.
 e. Branch Certification. Branch certifies that it understands the restrictions
    and obligations set forth above.
    

IV. BUSINESS OBLIGATIONS
Top
 a. Compliance with Applicable Law. Business shall comply with applicable laws,
    including without limitation, and to the extent required: (i) providing
    notice; (ii) obtaining consent; (iii) honoring access, deletion, opt-out,
    and opt-in rights and requests; and (iv) otherwise ensuring that it and
    Branch have any and all rights required in order for Branch to collect,
    retain, use, disclose, and otherwise process Personal Information under the
    Agreement.
 b. Business Directions. Business shall not direct Branch to collect, retain,
    use, disclose, or otherwise process Personal Information in violation of the
    CCPA or other applicable laws.
 c. Responding to Requests. Business understands and agrees that it is solely
    responsible for responding to requests to exercise individual rights and
    that Branch shall have no responsibility to respond directly to an
    individual on the Business’ behalf, absent written instructions from the
    Business. Where Branch receives a consumer request to access or delete
    Personal Information, it may inform the individual that the request cannot
    be acted upon because the request has been sent to a Service Provider.


CCPA RESOURCES

Version Version 3.0  (Current) Version 2.0 Version 1.0

EFFECTIVE JANUARY 1, 2023

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--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------


BRANCH, CCPA, AND CPRA

On January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) took
effect. The California Privacy Rights Act (“CPRA”) amendments to the CCPA become
effective January 1, 2023. Building on the privacy foundation established
through our GDPR compliance efforts, Branch is committed to ensuring that our
services continue to comply with the CCPA.
We have created this CCPA resource page to help you understand the steps that
Branch has taken regarding its own CCPA compliance, and the tools available to
our customers to enable the use of Branch’s services in a CCPA-compliant way.
In this guide, we have capitalized terms defined by the CCPA, as amended by the
CPRA, so you can easily identify them.


THE ROLE OF BRANCH UNDER THE CCPA

How does the CCPA apply to the relationship between Branch and its customers?
If you are using Branch analytics and deep-linking services as a customer, there
is an agreement between you and Branch that describes the services that Branch
provides to you. This agreement may include order forms, exhibits, or addenda,
and serves as your instruction to Branch to process personal data as part of
Branch’s performance of our services. For the purposes of the CCPA, the data
that Branch collects on behalf of its customers may include Personal
Information.
When using our analytics and deep-linking services, if you are subject to the
CCPA, you are a “Business” and Branch is your “Service Provider,” as those terms
are defined in the CCPA. Your disclosure of Personal Information related to your
end users with Branch, and Branch’s collection on your behalf of Personal
Information related to your end users, are done to facilitate Branch’s
performance of its services that you contracted for.
Branch Will Never Sell or Share Personal Information
As part of its provision of analytics and deep-linking services to you, Branch
does not “Sell” or “Share” Personal Information of your end users as defined
under the CCPA.
This Addendum supplements our agreement with you and confirms our commitment to
not Sell or Share Personal Information as part of our analytics and deep-linking
services.


HOW BRANCH SUPPORTS CCPA COMPLIANCE FOR OUR CUSTOMERS

CCPA Addendum
Branch has updated its terms to codify our position as your Service Provider (as
defined by CCPA). We’ve made our California Privacy addendum available for
review, which reflects our CCPA standards. This California Privacy Addendum
supplements our agreement with you and confirms our commitment to not Sell or
Share Personal Information in violation of the CCPA.
California Privacy Addendum
Handling Consumer Rights Requests
As a Business, it is your responsibility under the CCPA to respond to requests
relating to the Personal Information of your end users, including end user
requests to access, delete, or correct their Personal Information.
Verifiable Consumer Requests
As a Service Provider under the CCPA, Branch works with you when your end users
contact you to exercise their rights under the CCPA to obtain access to, delete,
or correct Personal Information.
Branch will follow your instructions to delete or rectify Personal Information
as required under the law, unless Branch concludes that it is necessary for
Branch to maintain such Personal Information for one or more permitted purposes
under applicable law (e.g., to detect fraudulent or illegal activity, or to
prosecute those responsible for these activities).
To submit an end-user request to our team, reach out to us through our data
subject request portal and we will work with you to fulfill your end user’s
request for Personal Information we process on your behalf. Please include in
that request the end-user’s advertising identifier (e.g., IDFA/GAID), and the
date you received the end-user’s request. For further information about how to
submit these requests to Branch on behalf of your end users, please click here.
Submit Request
CCPA & CPRA - Updated Privacy Policy
Branch’s privacy policy reflects applicable disclosure requirements under the
CCPA, as amended by the CPRA. If you have any questions related to Branch’s CCPA
compliance efforts, please contact our Privacy Team at: privacy@branch.io.


HOW TO MAKE A REQUEST TO BRANCH UNDER THE CCPA

If you are a Branch customer who has end users that are California residents and
that wish to exercise their CCPA rights, please click below to submit your
request on their behalf.
Submit Request


OTHER RESOURCES

Data collected by Branch
Read our Privacy Policy for full details on the types of data Branch collects,
and how we use each one to provide our services.
Privacy Policy
List of third-party vendors
We maintain a list of vendors that process personal data on Branch's behalf, and
the purpose for which we share data with each of these vendors.
Third Party Vendors
California Privacy Addendum
California Privacy Addendum

EFFECTIVE DECEMBER 22, 2022  TO  JANUARY 1, 2023

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--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------





BRANCH, CCPA, AND CPRA



On January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) took
effect. The California Privacy Rights Act (“CPRA”) amendments to the CCPA become
effective January 1, 2023. Building on the privacy foundation established
through our GDPR compliance efforts, Branch is committed to ensuring that our
services continue to comply with the CCPA.
We have created this CCPA resource page to help you understand the steps that
Branch has taken regarding its own CCPA compliance, and the tools available to
our customers to enable the use of Branch’s services in a CCPA-compliant way.
In this guide, we have capitalized terms defined by the CCPA, as amended by the
CPRA, so you can easily identify them.



THE ROLE OF BRANCH UNDER THE CCPA



How does the CCPA apply to the relationship between Branch and its customers?
If you are using Branch analytics and deep-linking services as a customer, there
is an agreement between you and Branch that describes the services that Branch
provides to you. This agreement may include order forms, exhibits, or addenda,
and serves as your instruction to Branch to process personal data as part of
Branch’s performance of our services. For the purposes of the CCPA, the data
that Branch collects on behalf of its customers may include Personal
Information.
When using our analytics and deep-linking services, if you are subject to the
CCPA, you are a “Business” and Branch is your “Service Provider,” as those terms
are defined in the CCPA. Your disclosure of Personal Information related to your
end users with Branch, and Branch’s collection on your behalf of Personal
Information related to your end users, are done to facilitate Branch’s
performance of its services that you contracted for.


Branch Will Never Sell or Share Personal Information
As part of its provision of analytics and deep-linking services to you, Branch
does not “Sell” or “Share” Personal Information of your end users as defined
under the CCPA.
This Addendum supplements our agreement with you and confirms our commitment to
not Sell or Share Personal Information as part of our analytics and deep-linking
services.


How Branch supports CCPA compliance for our customers
CCPA Addendum
Branch has updated its terms to codify our position as your Service Provider (as
defined by CCPA). We’ve made our California Privacy addendum available for
review, which reflects our CCPA standards. This California Privacy Addendum
supplements our agreement with you and confirms our commitment to not Sell or
Share Personal Information in violation of the CCPA.
California Privacy Addendum


Handling Consumer Rights Requests
As a Business, it is your responsibility under the CCPA to respond to requests
relating to the Personal Information of your end users, including end user
requests to access, delete, or correct their Personal Information.


Verifiable Consumer Requests
As a Service Provider under the CCPA, Branch works with you when your end users
contact you to exercise their rights under the CCPA to obtain access to, delete,
or correct Personal Information.
Branch will follow your instructions to delete or rectify Personal Information
as required under the law, unless Branch concludes that it is necessary for
Branch to maintain such Personal Information for one or more permitted purposes
under applicable law (e.g., to detect fraudulent or illegal activity, or to
prosecute those responsible for these activities).
To submit an end-user request to our team, reach out to us through our data
subject request portal and we will work with you to fulfill your end user’s
request for Personal Information we process on your behalf. Please include in
that request the end-user’s advertising identifier (e.g., IDFA/GAID), and the
date you received the end-user’s request. For further information about how to
submit these requests to Branch on behalf of your end users, please click here.
Submit Request


CCPA & CPRA - Updated Privacy Policy
Branch’s privacy policy reflects applicable disclosure requirements under the
CCPA, as amended by the CPRA. If you have any questions related to Branch’s CCPA
compliance efforts, please contact our Privacy Team at: privacy@branch.io.



HOW TO MAKE A REQUEST TO BRANCH UNDER THE CCPA



If you are a Branch customer who has end users that are California residents and
that wish to exercise their CCPA rights, please click below to submit your
request on their behalf.
Submit Request



OTHER RESOURCES



Data collected by Branch
Read our Privacy Policy for full details on the types of data Branch collects,
and how we use each one to provide our services.
Privacy Policy


List of third-party vendors
We maintain a list of vendors that process personal data on Branch's behalf, and
the purpose for which we share data with each of these vendors.
Third Party Vendors


California Privacy Addendum
California Privacy Addendum





EFFECTIVE DECEMBER 12, 2022  TO  DECEMBER 22, 2022

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--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------





BRANCH AND CCPA

On January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) took
effect. Building on the privacy foundation established through our GDPR
compliance efforts, Branch is committed to ensuring that our services comply
with CCPA.
We have created this CCPA resource page to help you understand the steps that
Branch has taken regarding its own CCPA compliance, and the tools available to
our customers to enable the use of Branch’s services in a CCPA-compliant way.
In this guide, we have capitalized terms defined by CCPA so you can easily
identify them.








The role of Branch under CCPA
How does CCPA apply to the relationship between Branch and its customers?
If you are using Branch services as a customer, there is an agreement between
you and Branch that describes the services that Branch provides to you. This
agreement may include order forms, exhibits, or addenda, and serves as your
instruction to Branch to process personal data as part of Branch’s performance
of our services. For the purposes of CCPA, the data that Branch collects on
behalf of its customers may include Personal Information.
In this context, if you are subject to CCPA, you are a Business and Branch is
your Service Provider. Your sharing of Personal Information related to your end
users with Branch, and Branch’s collection of Personal Information related to
your end users, are done to facilitate Branch’s performance of its services that
you contracted for.
Branch Will Never Sell Personal Information
Branch does not Sell Personal Information of your end users as defined under
CCPA, or under any other circumstances. Pursuant to the terms of your agreement
with Branch, you pay fees or other valuable consideration only in return for the
services that Branch performs on your behalf. Branch does not receive from you,
and you do not pay Branch, any monetary or other valuable consideration for
making Personal Information available to Branch.









HOW BRANCH SUPPORTS CCPA COMPLIANCE FOR OUR CUSTOMERS

CCPA Addendum
Branch has updated its terms to codify our position as your Service Provider (as
defined by CCPA). We’ve made our CCPA addendum available for review, which
reflects our CCPA standards. This California Privacy Addendum supplements our
agreement with you and confirms our commitment to not Sell Personal Information.
California Privacy Addendum
Handling Consumer Rights Requests
As a Business, it is your responsibility under CCPA to respond to requests
relating to the Personal Information of your end users. It is at your sole
discretion whether to accept or deny any request, and how to respond to the end
user.
Verifiable Consumer Requests
When your end users exercise their rights under CCPA to obtain access to or
delete certain Personal Information that Branch processes, Branch is committed
to working with you to fulfill these requests, provided the request comes
directly from you.
Branch will follow your instructions to delete Personal Information following a
Verifiable Consumer Request as required under CCPA, unless Branch concludes that
it is necessary for Branch to maintain such Personal Information for one or more
permitted purposes under the CCPA (e.g., to detect fraudulent or illegal
activity, or to prosecute those responsible for these activities), or Branch
does not consider the information to be “Personal Information” (e.g., because it
has been de-identified).
To submit a CCPA end-user request to our team, reach out to us through our data
subject request portal and we will work with you to fulfill your end user’s
request. Please include in that request the end-user’s advertising identifier
(e.g., IDFA/GAID), and the date you received the end-user’s request. For further
information about how to submit CCPA requests to Branch on behalf of your end
users, please click here.
Submit Request
CCPA-Updated Privacy Policy
Branch’s privacy policy reflects applicable disclosure requirements under CCPA.
If you have any questions related to Branch’s CCPA compliance efforts, please
contact our Privacy Team at: privacy@branch.io.








How to make a request to Branch under CCPA
If you are a California resident and wish to exercise your CCPA rights, please
click below to submit your request.
Submit Request









OTHER RESOURCES

Data collected by Branch
Read our Privacy Policy for full details on the types of data Branch collects,
and how we use each one to provide our services.
Privacy Policy
List of third-party vendors
We maintain a list of vendors that process personal data on Branch's behalf, and
the purpose for which we share data with each of these vendors.
Third Party Vendors
California Privacy Addendum
This Addendum supplements our agreement with you and confirms our commitment to
not Sell Personal Information.
CCPA Addendum


DATA SUBJECT RIGHTS - CCPA

Version Version 3.4  (Current) Version 3.3 Version 3.2 Version 3.1 Version 3.0
Version 2.0 Version 1.1 Version 1.0

EFFECTIVE APRIL 7, 2023

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--------------------------------------------------------------------------------


TABLE OF CONTENTS

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CALIFORNIA CONSUMER PRIVACY ACT

Top

The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
residents of California. If you are a California resident interacting with us
through our provision of services to our Clients, your personal information is
controlled by the applicable Client(s), and you should contact them to exercise
your rights under the CCPA. This section applies to you if you are a resident of
California about whom we collect personal information independent of the
services we provide to Clients (“California Consumer”), such as if you provide
us personal information on our Website. This section does not apply to personal
information we collect from our employees and job applicants in their capacity
as employees and job applicants. This notice supplements the information in our
Privacy Policy. Certain terms used below have the meanings given to them in the
CCPA.


1. CATEGORIES OF PERSONAL INFORMATION WE COLLECT, PURPOSES OF USE, AND TO WHOM
WE DISCLOSE

Top

As described in our Privacy Policy, in the preceding twelve months, we may have
collected the following categories of personal information about you for
business or commercial purposes:
 * Identifiers, e.g., name, email address, Github ID
 * Device Information and Device Identifiers, e.g., IP address, browser type and
   device locale, operating system, mobile platform, device model
 * Financial Information, e.g., credit or debit card number, verification
   number, and expiration date
 * Commercial Information, e.g., delivery information and information about your
   transactions and purchases with us
 * Connection and Usage Data, e.g., web browsing activity on the Website
 * General location, e.g., information inferred from IP addresses
 * Inferences, e.g. information on your employer inferred from an IP address
 * Other Information, e.g., any other information you provide to us through the
   Website

We collect the categories of personal information identified above from the
following sources: (1) directly from you; (2) through your use of the Website;
and (3) affiliates; and (4) other parties such as data brokers providing
business information and social networking providers if you connect Branch to
your use of those services.
As described above in our Privacy Policy, we collect the categories of personal
information identified above for the following business and commercial purposes:
 * Communicate with you, such as (1) to respond to your requests for information
   and provide you with customer service and technical support; (2) to send
   communications or content that you have requested; (3) to provide you with
   transactional updates and information about the Services (e.g., inform you
   about updates to our Services, information about your account); and/or (4) in
   accordance with applicable legal requirements, contact you by email, postal
   mail, phone, advertising or SMS regarding our business and products and
   services offered by other parties, surveys, promotions, special events and
   other subjects that we think may be of interest to you.
 * Transact with you if you use our products or services
 * Provide the Services, such as (1) to process and fulfill your transactions or
   requests; (2) to engage in analysis, research, and reports to better
   understand how you use the Services, so we can improve them; (3) to
   administer entries into promotions or surveys; and/or (4) to understand and
   resolve technical issues with our Services.
 * Tell you about products and services offered by Branch and Branch’s selected
   partners
 * Personalize your experience, such as (1) to customize the advertising and
   content on the Services based on your activities and interests; (2) to create
   and update audience segments that can be used for targeted advertising and
   marketing on the Services, services and platforms offered by other parties,
   and mobile apps; and/or (3) to create profiles about you, including adding
   and combining information we obtain from other parties, which may be used for
   analytics, marketing, and advertising.
 * Improve our offerings.
 * Secure our Services and fraud prevention, such as (1) to monitor, prevent,
   and detect fraud, such as through verifying your identity; (2) to combat spam
   or other malware or security risks; and/or (3) to monitor, enforce, and
   improve the security of our Services.
 * Defending our legal rights and complying with the law, such as (1) to comply
   with any applicable procedures, laws, and regulations where it is necessary
   for our legitimate interests or the legitimate interests of others; and/or
   (2) to establish, exercise, or defend our legal rights where it is necessary
   for our legitimate interests or the legitimate interests of others (e.g., to
   enforce compliance with our Terms and Conditions, Privacy Policy, or to
   protect our Services, Users, or others).

Additional information concerning the business and commercial purposes is set
forth in the “How Does Branch Use the Information Collected through its
Website?” section of our Privacy Policy. We may disclose the categories of
personal information identified in this California Privacy Notice about our
California Consumers for our operational purposes where the use of such personal
information is reasonably necessary and proportionate to achieve the operational
purpose for which the personal information was collected or processed or for
another operational purpose that is compatible with the context in which the
personal information was collected.


HOW WE DISCLOSE YOUR INFORMATION

Top

We disclose the information collected from and about you as discussed above for
various business purposes. The chart below explains the categories of
information that we may disclose to other parties and the categories of those
parties.

Other Parties to whom we disclose information and whyCategories of information
disclosedOur Affiliates. We may disclose information we collect within our
family of companies to deliver products and services to you, and enhance our
products, services, and your customer experience.All categories of information
we collect may be disclosed to our affiliates Service Providers that perform
services on our behalf: including billing and payment processing, sales,
marketing, advertising, data analysis and insight, research, technical support
and customer service, data storage, security, fraud prevention, and legal
services.All categories of information we collect may be disclosed to our
vendors Other Individuals, Services, and Vendors at Your Request. We will
disclose your information to other businesses and services at your request. For
example, if you direct us to communicate information to one of your vendors.
 * Contact and account registration
 * Demographic and statistical information
 * Communications with event vendors
 * Location
 * Other Information

Unaffiliated Partners for Marketing Purposes. We may disclose your information
to partners whose offerings we think may interest you. For example, if you
participate in co-sponsored promotions, then we may disclose information to our
affiliates and other parties for their marketing and other purposes.
 * Contact and account registration
 * Demographic and statistical information

Unaffiliated Partners to Provide Co-Branded Products and Services. In some
cases, we may disclose information to unaffiliated partners to provide
co-branded products or services (e.g., co-sponsored promotions).
 * Contact and account registration
 * Demographic and statistical information
 * Location

Other Parties for Legal Purposes. By using the Services, you acknowledge and
agree that we may access, retain, and disclose the information we collect and
maintain about you if required to do so by law or in a good faith belief that
such access, retention or disclosure is reasonably necessary to: (a) comply with
legal process or a regulatory investigation (e.g. a subpoena or court order);
(b) enforce our Terms and Conditions, this Privacy Policy, or other contracts
with you, including investigation of potential violations thereof; (c) respond
to claims that any content violates the rights of other parties; and/or (d)
protect our rights, property or personal safety, or that of our agents and
affiliates, our users and/or the public. This includes exchanging information
with other companies and organizations for information security, fraud
protection, spam/malware prevention, and similar purposes.All categories of
information we collect may be disclosed as necessaryOther Parties in a Business
Transaction. We may disclose information in connection with an actual or
contemplated corporate transaction, including for example a merger, investment,
acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of
some or all of our assets.All categories of information we collect may be
disclosed as necessaryOnline Advertisers and Ad Networks. As discussed in the
“Vendor Tools/Analytics on the Website” Section of our Privacy Policy, the
Services may rely on advertising technologies that allow for the delivery of
relevant content and advertising on the Services, as well as on other websites
you visit and other applications you use, and these technologies will collect
certain information from your use of the Services to assist in delivering such
ads.
 * Identifiers
 * Device information and device identifiers
 * Connection and usage data
 * Geolocation

The CCPA allows you to limit the use or disclosure of your “sensitive personal
information” (as defined in the CCPA) if your sensitive personal information is
used for certain purposes. Your account log-in and password or other credentials
allowing access to your account constitutes “sensitive personal information”
under the CCPA. Please note that we do not use or disclose sensitive personal
information other than for purposes for which you cannot opt-out under the CCPA.


2. SALES AND SHARING OF WEBSITE USER PERSONAL INFORMATION

Top

We may disclose Website Users’ personal information to third parties for
purposes of Website analytics and advertising the Website and Services. We
provide Website User information to analytics providers to better understand how
Website Users use the Website so we can improve the Website and create new
products and services. We may also provide Website Users’ personal information
to third-party advertising providers for targeted advertising purposes, so we
can provide Website Users with more relevant and tailored ads regarding our
Website and Services. Under the CCPA, disclosing Website User personal
information to these third parties may be considered a “sale” of personal
information or the “sharing” of personal information for purposes of
“cross-context behavioral advertising.” In the last 12 months, we have sold or
shared the following categories of Website User personal information to
advertisers and ad networks: identifiers, device information and device
identifiers, connection and usage data, and general location data.
To opt out of such “sales” or “sharing” of your personal information, please
visit this link: Do Not Sell or Share My Personal Information.
Please note that we also respond to and abide by opt-out preference signals sent
through the Global Privacy Control. Any opt out preferences you have exercised
through these methods will only apply to the specific device/browser on which
you made them. For more information on how to use the Global Privacy Control,
see www.globalprivacycontrol.org.
We do not knowingly “sell” or “share” the personal information of children under
16.


3. CALIFORNIA RIGHTS AND CHOICES

Top

Without being discriminated against for exercising these rights, California
residents have the right to request that we disclose what personal information
we collect about you, correction of such personal information, and to delete
that information, subject to certain restrictions. You also have the right to
designate an agent to exercise these rights on your behalf. This section
describes how to exercise those rights and our process for handling those
requests. To the extent permitted by applicable law, we may charge a reasonable
fee to comply with your request.
Right to request access to your personal information
California residents have the right to request that we disclose the categories
of personal information we have collected or disclosed about you, the categories
of sources of such information, the business or commercial purpose for
collecting, “selling,” or “sharing” your personal information, the categories of
third parties to whom we disclose or “sell,” or with whom we “share,” personal
information, and the categories of personal information we “sell”. You may also
request the specific pieces of personal information that we have collected from
you. However, we may withhold some personal information as permitted under
applicable law. For example, to protect your security, we may withhold your
account password from the information provided in response to a request for the
specific pieces of personal information that we have collected about you.
Right to correct inaccurate personal information
You may request that we correct inaccurate personal information about you. We
may deny your request as permitted by the CCPA. For example, we may not correct
personal information stored in backups or archives except where required by the
CCPA.
Right to request deletion of your personal information
You may also request that we delete any personal information that we collected
from you. However, we may retain personal information necessary to (a) protect
our business, systems, and users from fraudulent activity, (b) to address
technical issues that impair existing functionality, (c) necessary for us, or
others, to exercise their free speech or other rights, (d) comply with law
enforcement requests pursuant to lawful process, (e) for our own internal
purposes reasonably related to your relationship with us, or to comply with
legal obligations. Additionally, we need certain types of information so that we
can provide our Services to you. If you ask us to delete it, you may no longer
be able to access or use our Services.
How to exercise your access and deletion rights
Subject to restrictions under applicable law, California residents may exercise
their California privacy rights by submitting your request to us, or by
contacting us at privacy@branch.io, or at (650) 209-6461.
For security purposes, when you request to exercise your California privacy
rights we will verify your identity. Once we have verified your identity (and
your agent, as applicable), we will respond to your request as appropriate:
 * Transparency. Where you have requested the categories of personal information
   that we have collected about you, we will direct you to the sections of our
   Privacy Policy relevant to your request.
 * Access. Where you have requested specific pieces of personal information, we
   will provide the information you have requested, except where not permitted
   under applicable law or otherwise exempted by the CCPA.
 * Deletion. Where you have requested that we delete personal information that
   we have collected from you, we will delete any information about you that is
   not necessary for the purposes indicated above. Upon completion, we will send
   you a notice confirming that we deleted the information we collected from
   you. Certain information may be exempt from such requests under applicable
   law.

If we are unable to complete your requests fully for any of the reasons above,
we will provide you additional information about the reasons that we could not
comply with your request.
Right to nondiscrimination
We will not deny, charge different prices for, or provide a different level of
quality of goods or services if you choose to exercise these rights.
Other rights
You may have the right to receive information about the financial incentives
that we offer to you, if any. You also have the right to opt out of the “sale”
or “sharing” of your personal information as described above.
Authorized Agents
You may also designate an agent to make requests to exercise your rights under
CCPA as described above. We will take steps both to verify the identity of the
person seeking to exercise their rights as listed above, and to verify that your
agent has been authorized to make a request on your behalf (e.g. through
providing us with a signed written authorization or a copy of a power of
attorney).
Submitting CCPA Requests
For our Website: If you are a California Consumer, please submit a CCPA request
here, or contact us at privacy@branch.io or at (650) 209-6461. To protect your
privacy and maintain security, we take steps to verify your identity before
granting you access to your personal information or complying with your request.
To the extent permitted by applicable law, we may charge a reasonable fee to
comply with your request.
Requests from Our Client’s Users: Because Branch is a vendor that processes data
on behalf of its Clients, any requests from Users who are California residents
seeking to exercise their rights of access and deletion under the CCPA must be
provided to Branch by a Client. Clients can notify Branch of these requests
here.


4. RETENTION OF YOUR PERSONAL INFORMATION

Top

Please see the Our Data Retention Policy section provided in Branch’s Privacy
Policy.

EFFECTIVE JANUARY 4, 2023  TO  APRIL 7, 2023

Download

--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------


CALIFORNIA CONSUMER PRIVACY ACT

Top

The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
residents of California. If you are a California resident interacting with us
through our provision of services to our Clients, your personal information is
controlled by the applicable Client(s), and you should contact them to exercise
your rights under the CCPA. This section applies to you if you are a resident of
California about whom we collect personal information independent of the
services we provide to Clients (“California Consumer”), such as if you provide
us personal information on our Website. This section does not apply to personal
information we collect from our employees and job applicants in their capacity
as employees and job applicants. This notice supplements the information in our
Privacy Policy. Certain terms used below have the meanings given to them in the
CCPA.


1. CATEGORIES OF PERSONAL INFORMATION WE COLLECT, PURPOSES OF USE, AND TO WHOM
WE DISCLOSE

Top

As described in our Privacy Policy, in the preceding twelve months, we may have
collected the following categories of personal information about you for
business or commercial purposes:
 * Identifiers, e.g., name, email address, Github ID
 * Device Information and Device Identifiers, e.g., IP address, browser type and
   device locale, operating system, mobile platform, device model
 * Financial Information, e.g., credit or debit card number, verification
   number, and expiration date
 * Commercial Information, e.g., delivery information and information about your
   transactions and purchases with us
 * Connection and Usage Data, e.g., web browsing activity on the Website
 * General location, e.g., information inferred from IP addresses
 * Inferences, e.g. information on your employer inferred from an IP address
 * Other Information, e.g., any other information you provide to us through the
   Website

We collect the categories of personal information identified above from the
following sources: (1) directly from you; (2) through your use of the Website;
and (3) affiliates; and (4) other parties such as data brokers providing
business information and social networking providers if you connect Branch to
your use of those services.
As described above in our Privacy Policy, we collect the categories of personal
information identified above for the following business and commercial purposes:
 * Communicate with you, such as (1) to respond to your requests for information
   and provide you with customer service and technical support; (2) to send
   communications or content that you have requested; (3) to provide you with
   transactional updates and information about the Services (e.g., inform you
   about updates to our Services, information about your account); and/or (4) in
   accordance with applicable legal requirements, contact you by email, postal
   mail, phone, advertising or SMS regarding our business and products and
   services offered by other parties, surveys, promotions, special events and
   other subjects that we think may be of interest to you.
 * Transact with you if you use our products or services
 * Provide the Services, such as (1) to process and fulfill your transactions or
   requests; (2) to engage in analysis, research, and reports to better
   understand how you use the Services, so we can improve them; (3) to
   administer entries into promotions or surveys; and/or (4) to understand and
   resolve technical issues with our Services.
 * Tell you about products and services offered by Branch and Branch’s selected
   partners
 * Personalize your experience, such as (1) to customize the advertising and
   content on the Services based on your activities and interests; (2) to create
   and update audience segments that can be used for targeted advertising and
   marketing on the Services, services and platforms offered by other parties,
   and mobile apps; and/or (3) to create profiles about you, including adding
   and combining information we obtain from other parties, which may be used for
   analytics, marketing, and advertising.
 * Improve our offerings.
 * Secure our Services and fraud prevention, such as (1) to monitor, prevent,
   and detect fraud, such as through verifying your identity; (2) to combat spam
   or other malware or security risks; and/or (3) to monitor, enforce, and
   improve the security of our Services.
 * Defending our legal rights and complying with the law, such as (1) to comply
   with any applicable procedures, laws, and regulations where it is necessary
   for our legitimate interests or the legitimate interests of others; and/or
   (2) to establish, exercise, or defend our legal rights where it is necessary
   for our legitimate interests or the legitimate interests of others (e.g., to
   enforce compliance with our Terms and Conditions, Privacy Policy, or to
   protect our Services, Users, or others).

Additional information concerning the business and commercial purposes is set
forth in the “How Does Branch Use the Information Collected through its
Website?” section of our Privacy Policy. We may disclose the categories of
personal information identified in this California Privacy Notice about our
California Consumers for our operational purposes where the use of such personal
information is reasonably necessary and proportionate to achieve the operational
purpose for which the personal information was collected or processed or for
another operational purpose that is compatible with the context in which the
personal information was collected.


HOW WE DISCLOSE YOUR INFORMATION

Top

We disclose the information collected from and about you as discussed above for
various business purposes. The chart below explains the categories of
information that we may disclose to other parties and the categories of those
parties.

Other Parties to whom we disclose information and whyCategories of information
disclosedOur Affiliates. We may disclose information we collect within our
family of companies to deliver products and services to you, and enhance our
products, services, and your customer experience.All categories of information
we collect may be disclosed to our affiliates Service Providers that perform
services on our behalf: including billing and payment processing, sales,
marketing, advertising, data analysis and insight, research, technical support
and customer service, data storage, security, fraud prevention, and legal
services.All categories of information we collect may be disclosed to our
vendors Other Individuals, Services, and Vendors at Your Request. We will
disclose your information to other businesses and services at your request. For
example, if you direct us to communicate information to one of your vendors.
 * Contact and account registration
 * Demographic and statistical information
 * Communications with event vendors
 * Location
 * Other Information

Unaffiliated Partners for Marketing Purposes. We may disclose your information
to partners whose offerings we think may interest you. For example, if you
participate in co-sponsored promotions, then we may disclose information to our
affiliates and other parties for their marketing and other purposes.
 * Contact and account registration
 * Demographic and statistical information

Unaffiliated Partners to Provide Co-Branded Products and Services. In some
cases, we may disclose information to unaffiliated partners to provide
co-branded products or services (e.g., co-sponsored promotions).
 * Contact and account registration
 * Demographic and statistical information
 * Location

Other Parties for Legal Purposes. By using the Services, you acknowledge and
agree that we may access, retain, and disclose the information we collect and
maintain about you if required to do so by law or in a good faith belief that
such access, retention or disclosure is reasonably necessary to: (a) comply with
legal process or a regulatory investigation (e.g. a subpoena or court order);
(b) enforce our Terms and Conditions, this Privacy Policy, or other contracts
with you, including investigation of potential violations thereof; (c) respond
to claims that any content violates the rights of other parties; and/or (d)
protect our rights, property or personal safety, or that of our agents and
affiliates, our users and/or the public. This includes exchanging information
with other companies and organizations for information security, fraud
protection, spam/malware prevention, and similar purposes.All categories of
information we collect may be disclosed as necessaryOther Parties in a Business
Transaction. We may disclose information in connection with an actual or
contemplated corporate transaction, including for example a merger, investment,
acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of
some or all of our assets.All categories of information we collect may be
disclosed as necessaryOnline Advertisers and Ad Networks. As discussed in the
“Vendor Tools/Analytics on the Website” Section of our Privacy Policy, the
Services may rely on advertising technologies that allow for the delivery of
relevant content and advertising on the Services, as well as on other websites
you visit and other applications you use, and these technologies will collect
certain information from your use of the Services to assist in delivering such
ads.
 * Identifiers
 * Device information and device identifiers
 * Connection and usage data
 * Geolocation

The CCPA allows you to limit the use or disclosure of your “sensitive personal
information” (as defined in the CCPA) if your sensitive personal information is
used for certain purposes. Your account log-in and password or other credentials
allowing access to your account constitutes “sensitive personal information”
under the CCPA. Please note that we do not use or disclose sensitive personal
information other than for purposes for which you cannot opt-out under the CCPA.


2. SALES AND SHARING OF WEBSITE USER PERSONAL INFORMATION

Top

We may disclose Website Users’ personal information to third parties for
purposes of Website analytics and advertising the Website and Services. We
provide Website User information to analytics providers to better understand how
Website Users use the Website so we can improve the Website and create new
products and services. We may also provide Website Users’ personal information
to third-party advertising providers for targeted advertising purposes, so we
can provide Website Users with more relevant and tailored ads regarding our
Website and Services. Under the CCPA, disclosing Website User personal
information to these third parties may be considered a “sale” of personal
information or the “sharing” of personal information for purposes of
“cross-context behavioral advertising.” In the last 12 months, we have sold or
shared the following categories of Website User personal information to
advertisers and ad networks: identifiers, device information and device
identifiers, connection and usage data, and general location data.
To opt out of such “sales” or “sharing” of your personal information, please
visit this link: Do Not Sell or Share My Personal Information.
Please note that we also respond to and abide by opt-out preference signals sent
through the Global Privacy Control. Any opt out preferences you have exercised
through these methods will only apply to the specific device/browser on which
you made them. For more information on how to use the Global Privacy Control,
see www.globalprivacycontrol.org.
We do not knowingly “sell” or “share” the personal information of children under
16.


3. CALIFORNIA RIGHTS AND CHOICES

Top

Without being discriminated against for exercising these rights, California
residents have the right to request that we disclose what personal information
we collect about you, correction of such personal information, and to delete
that information, subject to certain restrictions. You also have the right to
designate an agent to exercise these rights on your behalf. This section
describes how to exercise those rights and our process for handling those
requests. To the extent permitted by applicable law, we may charge a reasonable
fee to comply with your request.
Right to request access to your personal information
California residents have the right to request that we disclose the categories
of personal information we have collected or disclosed about you, the categories
of sources of such information, the business or commercial purpose for
collecting, “selling,” or “sharing” your personal information, the categories of
third parties to whom we disclose or “sell,” or with whom we “share,” personal
information, and the categories of personal information we “sell”. You may also
request the specific pieces of personal information that we have collected from
you. However, we may withhold some personal information as permitted under
applicable law. For example, to protect your security, we may withhold your
account password from the information provided in response to a request for the
specific pieces of personal information that we have collected about you.
Right to correct inaccurate personal information
You may request that we correct inaccurate personal information about you. We
may deny your request as permitted by the CCPA. For example, we may not correct
personal information stored in backups or archives except where required by the
CCPA.
Right to request deletion of your personal information
You may also request that we delete any personal information that we collected
from you. However, we may retain personal information necessary to (a) protect
our business, systems, and users from fraudulent activity, (b) to address
technical issues that impair existing functionality, (c) necessary for us, or
others, to exercise their free speech or other rights, (d) comply with law
enforcement requests pursuant to lawful process, (e) for our own internal
purposes reasonably related to your relationship with us, or to comply with
legal obligations. Additionally, we need certain types of information so that we
can provide our Services to you. If you ask us to delete it, you may no longer
be able to access or use our Services.
How to exercise your access and deletion rights
Subject to restrictions under applicable law, California residents may exercise
their California privacy rights by submitting your request to us, or by
contacting us at privacy@branch.io, or at (650) 209-6461.
For security purposes, when you request to exercise your California privacy
rights we will verify your identity. Once we have verified your identity (and
your agent, as applicable), we will respond to your request as appropriate:
 * Transparency. Where you have requested the categories of personal information
   that we have collected about you, we will direct you to the sections of our
   Privacy Policy relevant to your request.
 * Access. Where you have requested specific pieces of personal information, we
   will provide the information you have requested, except where not permitted
   under applicable law or otherwise exempted by the CCPA.
 * Deletion. Where you have requested that we delete personal information that
   we have collected from you, we will delete any information about you that is
   not necessary for the purposes indicated above. Upon completion, we will send
   you a notice confirming that we deleted the information we collected from
   you. Certain information may be exempt from such requests under applicable
   law.

If we are unable to complete your requests fully for any of the reasons above,
we will provide you additional information about the reasons that we could not
comply with your request.
Right to nondiscrimination
We will not deny, charge different prices for, or provide a different level of
quality of goods or services if you choose to exercise these rights.
Other rights
You may have the right to receive information about the financial incentives
that we offer to you, if any. You also have the right to opt out of the “sale”
or “sharing” of your personal information as described above.
Authorized Agents
You may also designate an agent to make requests to exercise your rights under
CCPA as described above. We will take steps both to verify the identity of the
person seeking to exercise their rights as listed above, and to verify that your
agent has been authorized to make a request on your behalf (e.g. through
providing us with a signed written authorization or a copy of a power of
attorney).
Submitting CCPA Requests
For our Website: If you are a California Consumer, please submit a CCPA request
here, or contact us at privacy@branch.io or at (650) 209-6461. To protect your
privacy and maintain security, we take steps to verify your identity before
granting you access to your personal information or complying with your request.
To the extent permitted by applicable law, we may charge a reasonable fee to
comply with your request.
Requests from Our Client’s Users: Because Branch is a vendor that processes data
on behalf of its Clients, any requests from Users who are California residents
seeking to exercise their rights of access and deletion under the CCPA must be
provided to Branch by a Client. Clients can notify Branch of these requests
here.


4. RETENTION OF YOUR PERSONAL INFORMATION

Top

Please see the Our Data Retention Policy section provided in Branch’s Privacy
Policy.

EFFECTIVE JANUARY 4, 2023  TO  JANUARY 4, 2023

Download

--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------


CALIFORNIA CONSUMER PRIVACY ACT

Top

The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
residents of California. If you are a California resident interacting with us
through our provision of services to our Clients, your personal information is
controlled by the applicable Client(s), and you should contact them to exercise
your rights under the CCPA. This section applies to you if you are a resident of
California about whom we collect personal information independent of the
services we provide to Clients (“California Consumer”), such as if you provide
us personal information on our Website. This section does not apply to personal
information we collect from our employees and job applicants in their capacity
as employees and job applicants. This notice supplements the information in our
Privacy Policy. Certain terms used below have the meanings given to them in the
CCPA.


1. CATEGORIES OF PERSONAL INFORMATION WE COLLECT, PURPOSES OF USE, AND TO WHOM
WE DISCLOSE

Top

As described in our Privacy Policy, in the preceding twelve months, we may have
collected the following categories of personal information about you for
business or commercial purposes:
 * Identifiers, e.g., name, email address, Github ID
 * Device Information and Device Identifiers, e.g., IP address, browser type and
   device locale, operating system, mobile platform, device model
 * Financial Information, e.g., credit or debit card number, verification
   number, and expiration date
 * Commercial Information, e.g., delivery information and information about your
   transactions and purchases with us
 * Connection and Usage Data, e.g., web browsing activity on the Website
 * General location, e.g., information inferred from IP addresses
 * Inferences, e.g. information on your employer inferred from an IP address
 * Other Information, e.g., any other information you provide to us through the
   Website

We collect the categories of personal information identified above from the
following sources: (1) directly from you; (2) through your use of the Website;
and (3) affiliates; and (4) other parties such as data brokers providing
business information and social networking providers if you connect Branch to
your use of those services.
As described above in our Privacy Policy, we collect the categories of personal
information identified above for the following business and commercial purposes:
 * Communicate with you, such as (1) to respond to your requests for information
   and provide you with customer service and technical support; (2) to send
   communications or content that you have requested; (3) to provide you with
   transactional updates and information about the Services (e.g., inform you
   about updates to our Services, information about your account); and/or (4) in
   accordance with applicable legal requirements, contact you by email, postal
   mail, phone, advertising or SMS regarding our business and products and
   services offered by other parties, surveys, promotions, special events and
   other subjects that we think may be of interest to you.
 * Transact with you if you use our products or services
 * Provide the Services, such as (1) to process and fulfill your transactions or
   requests; (2) to engage in analysis, research, and reports to better
   understand how you use the Services, so we can improve them; (3) to
   administer entries into promotions or surveys; and/or (4) to understand and
   resolve technical issues with our Services.
 * Tell you about products and services offered by Branch and Branch’s selected
   partners
 * Personalize your experience, such as (1) to customize the advertising and
   content on the Services based on your activities and interests; (2) to create
   and update audience segments that can be used for targeted advertising and
   marketing on the Services, services and platforms offered by other parties,
   and mobile apps; and/or (3) to create profiles about you, including adding
   and combining information we obtain from other parties, which may be used for
   analytics, marketing, and advertising.
 * Improve our offerings.
 * Secure our Services and fraud prevention, such as (1) to monitor, prevent,
   and detect fraud, such as through verifying your identity; (2) to combat spam
   or other malware or security risks; and/or (3) to monitor, enforce, and
   improve the security of our Services.
 * Defending our legal rights and complying with the law, such as (1) to comply
   with any applicable procedures, laws, and regulations where it is necessary
   for our legitimate interests or the legitimate interests of others; and/or
   (2) to establish, exercise, or defend our legal rights where it is necessary
   for our legitimate interests or the legitimate interests of others (e.g., to
   enforce compliance with our Terms and Conditions, Privacy Policy, or to
   protect our Services, Users, or others).

Additional information concerning the business and commercial purposes is set
forth in the “How Does Branch Use the Information Collected through its
Website?” section of our Privacy Policy. We may disclose the categories of
personal information identified in this California Privacy Notice about our
California Consumers for our operational purposes where the use of such personal
information is reasonably necessary and proportionate to achieve the operational
purpose for which the personal information was collected or processed or for
another operational purpose that is compatible with the context in which the
personal information was collected.


HOW WE DISCLOSE YOUR INFORMATION

Top

We disclose the information collected from and about you as discussed above for
various business purposes. The chart below explains the categories of
information that we may disclose to other parties and the categories of those
parties.

Other Parties to whom we disclose information and whyCategories of information
disclosedOur Affiliates. We may disclose information we collect within our
family of companies to deliver products and services to you, and enhance our
products, services, and your customer experience.All categories of information
we collect may be disclosed to our affiliates Service Providers that perform
services on our behalf: including billing and payment processing, sales,
marketing, advertising, data analysis and insight, research, technical support
and customer service, data storage, security, fraud prevention, and legal
services.All categories of information we collect may be disclosed to our
vendors Other Individuals, Services, and Vendors at Your Request. We will
disclose your information to other businesses and services at your request. For
example, if you direct us to communicate information to one of your vendors.
 * Contact and account registration
 * Demographic and statistical information
 * Communications with event vendors
 * Location
 * Other Information

Unaffiliated Partners for Marketing Purposes. We may disclose your information
to partners whose offerings we think may interest you. For example, if you
participate in co-sponsored promotions, then we may disclose information to our
affiliates and other parties for their marketing and other purposes.
 * Contact and account registration
 * Demographic and statistical information

Unaffiliated Partners to Provide Co-Branded Products and Services. In some
cases, we may disclose information to unaffiliated partners to provide
co-branded products or services (e.g., co-sponsored promotions).
 * Contact and account registration
 * Demographic and statistical information
 * Location

Other Parties for Legal Purposes. By using the Services, you acknowledge and
agree that we may access, retain, and disclose the information we collect and
maintain about you if required to do so by law or in a good faith belief that
such access, retention or disclosure is reasonably necessary to: (a) comply with
legal process or a regulatory investigation (e.g. a subpoena or court order);
(b) enforce our Terms and Conditions, this Privacy Policy, or other contracts
with you, including investigation of potential violations thereof; (c) respond
to claims that any content violates the rights of other parties; and/or (d)
protect our rights, property or personal safety, or that of our agents and
affiliates, our users and/or the public. This includes exchanging information
with other companies and organizations for information security, fraud
protection, spam/malware prevention, and similar purposes.All categories of
information we collect may be disclosed as necessaryOther Parties in a Business
Transaction. We may disclose information in connection with an actual or
contemplated corporate transaction, including for example a merger, investment,
acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of
some or all of our assets.All categories of information we collect may be
disclosed as necessaryOnline Advertisers and Ad Networks. As discussed in the
“Vendor Tools/Analytics on the Website” Section of our Privacy Policy, the
Services may rely on advertising technologies that allow for the delivery of
relevant content and advertising on the Services, as well as on other websites
you visit and other applications you use, and these technologies will collect
certain information from your use of the Services to assist in delivering such
ads.
 * Identifiers
 * Device information and device identifiers
 * Connection and usage data
 * Geolocation

The CCPA allows you to limit the use or disclosure of your “sensitive personal
information” (as defined in the CCPA) if your sensitive personal information is
used for certain purposes. Your account log-in and password or other credentials
allowing access to your account constitutes “sensitive personal information”
under the CCPA. Please note that we do not use or disclose sensitive personal
information other than for purposes for which you cannot opt-out under the CCPA.


2. SALES AND SHARING OF WEBSITE USER PERSONAL INFORMATION

Top

We may disclose Website Users’ personal information to third parties for
purposes of Website analytics and advertising the Website and Services. We
provide Website User information to analytics providers to better understand how
Website Users use the Website so we can improve the Website and create new
products and services. We may also provide Website Users’ personal information
to third-party advertising providers for targeted advertising purposes, so we
can provide Website Users with more relevant and tailored ads regarding our
Website and Services. Under the CCPA, disclosing Website User personal
information to these third parties may be considered a “sale” of personal
information or the “sharing” of personal information for purposes of
“cross-context behavioral advertising.” In the last 12 months, we have sold or
shared the following categories of Website User personal information to
advertisers and ad networks: identifiers, device information and device
identifiers, connection and usage data, and general location data.
To opt out of such “sales” or “sharing” of your personal information, please
visit this link:
Please note that we also respond to and abide by opt-out preference signals sent
through the Global Privacy Control. Any opt out preferences you have exercised
through these methods will only apply to the specific device/browser on which
you made them. For more information on how to use the Global Privacy Control,
see www.globalprivacycontrol.org.
We do not knowingly “sell” or “share” the personal information of children under
16.


3. CALIFORNIA RIGHTS AND CHOICES

Top

Without being discriminated against for exercising these rights, California
residents have the right to request that we disclose what personal information
we collect about you, correction of such personal information, and to delete
that information, subject to certain restrictions. You also have the right to
designate an agent to exercise these rights on your behalf. This section
describes how to exercise those rights and our process for handling those
requests. To the extent permitted by applicable law, we may charge a reasonable
fee to comply with your request.
Right to request access to your personal information
California residents have the right to request that we disclose the categories
of personal information we have collected or disclosed about you, the categories
of sources of such information, the business or commercial purpose for
collecting, “selling,” or “sharing” your personal information, the categories of
third parties to whom we disclose or “sell,” or with whom we “share,” personal
information, and the categories of personal information we “sell”. You may also
request the specific pieces of personal information that we have collected from
you. However, we may withhold some personal information as permitted under
applicable law. For example, to protect your security, we may withhold your
account password from the information provided in response to a request for the
specific pieces of personal information that we have collected about you.
Right to correct inaccurate personal information
You may request that we correct inaccurate personal information about you. We
may deny your request as permitted by the CCPA. For example, we may not correct
personal information stored in backups or archives except where required by the
CCPA.
Right to request deletion of your personal information
You may also request that we delete any personal information that we collected
from you. However, we may retain personal information necessary to (a) protect
our business, systems, and users from fraudulent activity, (b) to address
technical issues that impair existing functionality, (c) necessary for us, or
others, to exercise their free speech or other rights, (d) comply with law
enforcement requests pursuant to lawful process, (e) for our own internal
purposes reasonably related to your relationship with us, or to comply with
legal obligations. Additionally, we need certain types of information so that we
can provide our Services to you. If you ask us to delete it, you may no longer
be able to access or use our Services.
How to exercise your access and deletion rights
Subject to restrictions under applicable law, California residents may exercise
their California privacy rights by submitting your request to us, or by
contacting us at privacy@branch.io, or at (650) 209-6461.
For security purposes, when you request to exercise your California privacy
rights we will verify your identity. Once we have verified your identity (and
your agent, as applicable), we will respond to your request as appropriate:
 * Transparency. Where you have requested the categories of personal information
   that we have collected about you, we will direct you to the sections of our
   Privacy Policy relevant to your request.
 * Access. Where you have requested specific pieces of personal information, we
   will provide the information you have requested, except where not permitted
   under applicable law or otherwise exempted by the CCPA.
 * Deletion. Where you have requested that we delete personal information that
   we have collected from you, we will delete any information about you that is
   not necessary for the purposes indicated above. Upon completion, we will send
   you a notice confirming that we deleted the information we collected from
   you. Certain information may be exempt from such requests under applicable
   law.

If we are unable to complete your requests fully for any of the reasons above,
we will provide you additional information about the reasons that we could not
comply with your request.
Right to nondiscrimination
We will not deny, charge different prices for, or provide a different level of
quality of goods or services if you choose to exercise these rights.
Other rights
You may have the right to receive information about the financial incentives
that we offer to you, if any. You also have the right to opt out of the “sale”
or “sharing” of your personal information as described above.
Authorized Agents
You may also designate an agent to make requests to exercise your rights under
CCPA as described above. We will take steps both to verify the identity of the
person seeking to exercise their rights as listed above, and to verify that your
agent has been authorized to make a request on your behalf (e.g. through
providing us with a signed written authorization or a copy of a power of
attorney).
Submitting CCPA Requests
For our Website: If you are a California Consumer, please submit a CCPA request
here, or contact us at privacy@branch.io or at (650) 209-6461. To protect your
privacy and maintain security, we take steps to verify your identity before
granting you access to your personal information or complying with your request.
To the extent permitted by applicable law, we may charge a reasonable fee to
comply with your request.
Requests from Our Client’s Users: Because Branch is a vendor that processes data
on behalf of its Clients, any requests from Users who are California residents
seeking to exercise their rights of access and deletion under the CCPA must be
provided to Branch by a Client. Clients can notify Branch of these requests
here.


4. RETENTION OF YOUR PERSONAL INFORMATION

Top

Please see the Our Data Retention Policy section provided in Branch’s Privacy
Policy.

EFFECTIVE JANUARY 4, 2023  TO  JANUARY 4, 2023

Download

--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------


CALIFORNIA CONSUMER PRIVACY ACT

Top

The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
residents of California. If you are a California resident interacting with us
through our provision of services to our Clients, your personal information is
controlled by the applicable Client(s), and you should contact them to exercise
your rights under the CCPA. This section applies to you if you are a resident of
California about whom we collect personal information independent of the
services we provide to Clients (“California Consumer”), such as if you provide
us personal information on our Website. This section does not apply to personal
information we collect from our employees and job applicants in their capacity
as employees and job applicants. This notice supplements the information in our
Privacy Policy. Certain terms used below have the meanings given to them in the
CCPA.


1. CATEGORIES OF PERSONAL INFORMATION WE COLLECT, PURPOSES OF USE, AND TO WHOM
WE DISCLOSE

Top

As described in our Privacy Policy, in the preceding twelve months, we may have
collected the following categories of personal information about you for
business or commercial purposes:
 * Identifiers, e.g., name, email address, Github ID
 * Device Information and Device Identifiers, e.g., IP address, browser type and
   device locale, operating system, mobile platform, device model
 * Financial Information, e.g., credit or debit card number, verification
   number, and expiration date
 * Commercial Information, e.g., delivery information and information about your
   transactions and purchases with us
 * Connection and Usage Data, e.g., web browsing activity on the Website
 * General location, e.g., information inferred from IP addresses
 * Inferences, e.g. information on your employer inferred from an IP address
 * Other Information, e.g., any other information you provide to us through the
   Website

We collect the categories of personal information identified above from the
following sources: (1) directly from you; (2) through your use of the Website;
and (3) affiliates; and (4) other parties such as data brokers providing
business information and social networking providers if you connect Branch to
your use of those services.
As described above in our Privacy Policy, we collect the categories of personal
information identified above for the following business and commercial purposes:
 * Communicate with you, such as (1) to respond to your requests for information
   and provide you with customer service and technical support; (2) to send
   communications or content that you have requested; (3) to provide you with
   transactional updates and information about the Services (e.g., inform you
   about updates to our Services, information about your account); and/or (4) in
   accordance with applicable legal requirements, contact you by email, postal
   mail, phone, advertising or SMS regarding our business and products and
   services offered by other parties, surveys, promotions, special events and
   other subjects that we think may be of interest to you.
 * Transact with you if you use our products or services
 * Provide the Services, such as (1) to process and fulfill your transactions or
   requests; (2) to engage in analysis, research, and reports to better
   understand how you use the Services, so we can improve them; (3) to
   administer entries into promotions or surveys; and/or (4) to understand and
   resolve technical issues with our Services.
 * Tell you about products and services offered by Branch and Branch’s selected
   partners
 * Personalize your experience, such as (1) to customize the advertising and
   content on the Services based on your activities and interests; (2) to create
   and update audience segments that can be used for targeted advertising and
   marketing on the Services, services and platforms offered by other parties,
   and mobile apps; and/or (3) to create profiles about you, including adding
   and combining information we obtain from other parties, which may be used for
   analytics, marketing, and advertising.
 * Improve our offerings.
 * Secure our Services and fraud prevention, such as (1) to monitor, prevent,
   and detect fraud, such as through verifying your identity; (2) to combat spam
   or other malware or security risks; and/or (3) to monitor, enforce, and
   improve the security of our Services.
 * Defending our legal rights and complying with the law, such as (1) to comply
   with any applicable procedures, laws, and regulations where it is necessary
   for our legitimate interests or the legitimate interests of others; and/or
   (2) to establish, exercise, or defend our legal rights where it is necessary
   for our legitimate interests or the legitimate interests of others (e.g., to
   enforce compliance with our Terms and Conditions, Privacy Policy, or to
   protect our Services, Users, or others).

Additional information concerning the business and commercial purposes is set
forth in the “How Does Branch Use the Information Collected through its
Website?” section of our Privacy Policy. We may disclose the categories of
personal information identified in this California Privacy Notice about our
California Consumers for our operational purposes where the use of such personal
information is reasonably necessary and proportionate to achieve the operational
purpose for which the personal information was collected or processed or for
another operational purpose that is compatible with the context in which the
personal information was collected.


HOW WE DISCLOSE YOUR INFORMATION

Top

We disclose the information collected from and about you as discussed above for
various business purposes. The chart below explains the categories of
information that we may disclose to other parties and the categories of those
parties.

Other Parties to whom we disclose information and why Categories of information
disclosed Our Affiliates. We may disclose information we collect within our
family of companies to deliver products and services to you, and enhance our
products, services, and your customer experience. All categories of information
we collect may be disclosed to our affiliates Service Providers that perform
services on our behalf: including billing and payment processing, sales,
marketing, advertising, data analysis and insight, research, technical support
and customer service, data storage, security, fraud prevention, and legal
services. All categories of information we collect may be disclosed to our
vendors Other Individuals, Services, and Vendors at Your Request. We will
disclose your information to other businesses and services at your request. For
example, if you direct us to communicate information to one of your vendors.
 * Contact and account registration
 * Demographic and statistical information
 * Communications with event vendors
 * Location
 * Other Information

Unaffiliated Partners for Marketing Purposes. We may disclose your information
to partners whose offerings we think may interest you. For example, if you
participate in co-sponsored promotions, then we may disclose information to our
affiliates and other parties for their marketing and other purposes.
 * Contact and account registration
 * Demographic and statistical information

Unaffiliated Partners to Provide Co-Branded Products and Services. In some
cases, we may disclose information to unaffiliated partners to provide
co-branded products or services (e.g., co-sponsored promotions).
 * Contact and account registration
 * Demographic and statistical information
 * Location

Other Parties for Legal Purposes. By using the Services, you acknowledge and
agree that we may access, retain, and disclose the information we collect and
maintain about you if required to do so by law or in a good faith belief that
such access, retention or disclosure is reasonably necessary to: (a) comply with
legal process or a regulatory investigation (e.g. a subpoena or court order);
(b) enforce our Terms and Conditions, this Privacy Policy, or other contracts
with you, including investigation of potential violations thereof; (c) respond
to claims that any content violates the rights of other parties; and/or (d)
protect our rights, property or personal safety, or that of our agents and
affiliates, our users and/or the public. This includes exchanging information
with other companies and organizations for information security, fraud
protection, spam/malware prevention, and similar purposes. All categories of
information we collect may be disclosed as necessary Other Parties in a Business
Transaction. We may disclose information in connection with an actual or
contemplated corporate transaction, including for example a merger, investment,
acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of
some or all of our assets. All categories of information we collect may be
disclosed as necessary Online Advertisers and Ad Networks. As discussed in the
“Vendor Tools/Analytics on the Website” Section of our Privacy Policy, the
Services may rely on advertising technologies that allow for the delivery of
relevant content and advertising on the Services, as well as on other websites
you visit and other applications you use, and these technologies will collect
certain information from your use of the Services to assist in delivering such
ads.
 * Identifiers
 * Device information and device identifiers
 * Connection and usage data
 * Geolocation

The CCPA allows you to limit the use or disclosure of your “sensitive personal
information” (as defined in the CCPA) if your sensitive personal information is
used for certain purposes. Your account log-in and password or other credentials
allowing access to your account constitutes “sensitive personal information”
under the CCPA. Please note that we do not use or disclose sensitive personal
information other than for purposes for which you cannot opt-out under the CCPA.


2. SALES AND SHARING OF WEBSITE USER PERSONAL INFORMATION

Top

We may disclose Website Users’ personal information to third parties for
purposes of Website analytics and advertising the Website and Services. We
provide Website User information to analytics providers to better understand how
Website Users use the Website so we can improve the Website and create new
products and services. We may also provide Website Users’ personal information
to third-party advertising providers for targeted advertising purposes, so we
can provide Website Users with more relevant and tailored ads regarding our
Website and Services. Under the CCPA, disclosing Website User personal
information to these third parties may be considered a “sale” of personal
information or the “sharing” of personal information for purposes of
“cross-context behavioral advertising.” In the last 12 months, we have sold or
shared the following categories of Website User personal information to
advertisers and ad networks: identifiers, device information and device
identifiers, connection and usage data, and general location data.
To opt out of such “sales” or “sharing” of your personal information, please
visit this link:
Please note that we also respond to and abide by opt-out preference signals sent
through the Global Privacy Control. Any opt out preferences you have exercised
through these methods will only apply to the specific device/browser on which
you made them. For more information on how to use the Global Privacy Control,
see www.globalprivacycontrol.org.
We do not knowingly “sell” or “share” the personal information of children under
16.


3. CALIFORNIA RIGHTS AND CHOICES

Top

Without being discriminated against for exercising these rights, California
residents have the right to request that we disclose what personal information
we collect about you, correction of such personal information, and to delete
that information, subject to certain restrictions. You also have the right to
designate an agent to exercise these rights on your behalf. This section
describes how to exercise those rights and our process for handling those
requests. To the extent permitted by applicable law, we may charge a reasonable
fee to comply with your request.
Right to request access to your personal information
California residents have the right to request that we disclose the categories
of personal information we have collected or disclosed about you, the categories
of sources of such information, the business or commercial purpose for
collecting, “selling,” or “sharing” your personal information, the categories of
third parties to whom we disclose or “sell,” or with whom we “share,” personal
information, and the categories of personal information we “sell”. You may also
request the specific pieces of personal information that we have collected from
you. However, we may withhold some personal information as permitted under
applicable law. For example, to protect your security, we may withhold your
account password from the information provided in response to a request for the
specific pieces of personal information that we have collected about you.
Right to correct inaccurate personal information
You may request that we correct inaccurate personal information about you. We
may deny your request as permitted by the CCPA. For example, we may not correct
personal information stored in backups or archives except where required by the
CCPA.
Right to request deletion of your personal information
You may also request that we delete any personal information that we collected
from you. However, we may retain personal information necessary to (a) protect
our business, systems, and users from fraudulent activity, (b) to address
technical issues that impair existing functionality, (c) necessary for us, or
others, to exercise their free speech or other rights, (d) comply with law
enforcement requests pursuant to lawful process, (e) for our own internal
purposes reasonably related to your relationship with us, or to comply with
legal obligations. Additionally, we need certain types of information so that we
can provide our Services to you. If you ask us to delete it, you may no longer
be able to access or use our Services.
How to exercise your access and deletion rights
Subject to restrictions under applicable law, California residents may exercise
their California privacy rights by submitting your request to us, or by
contacting us at privacy@branch.io, or at (650) 209-6461.
For security purposes, when you request to exercise your California privacy
rights we will verify your identity. Once we have verified your identity (and
your agent, as applicable), we will respond to your request as appropriate:
 * Transparency. Where you have requested the categories of personal information
   that we have collected about you, we will direct you to the sections of our
   Privacy Policy relevant to your request.
 * Access. Where you have requested specific pieces of personal information, we
   will provide the information you have requested, except where not permitted
   under applicable law or otherwise exempted by the CCPA.
 * Deletion. Where you have requested that we delete personal information that
   we have collected from you, we will delete any information about you that is
   not necessary for the purposes indicated above. Upon completion, we will send
   you a notice confirming that we deleted the information we collected from
   you. Certain information may be exempt from such requests under applicable
   law.

If we are unable to complete your requests fully for any of the reasons above,
we will provide you additional information about the reasons that we could not
comply with your request.
Right to nondiscrimination
We will not deny, charge different prices for, or provide a different level of
quality of goods or services if you choose to exercise these rights.
Other rights
You may have the right to receive information about the financial incentives
that we offer to you, if any. You also have the right to opt out of the “sale”
or “sharing” of your personal information as described above.
Authorized Agents
You may also designate an agent to make requests to exercise your rights under
CCPA as described above. We will take steps both to verify the identity of the
person seeking to exercise their rights as listed above, and to verify that your
agent has been authorized to make a request on your behalf (e.g. through
providing us with a signed written authorization or a copy of a power of
attorney).
Submitting CCPA Requests
For our Website: If you are a California Consumer, please submit a CCPA request
here, or contact us at privacy@branch.io or at (650) 209-6461. To protect your
privacy and maintain security, we take steps to verify your identity before
granting you access to your personal information or complying with your request.
To the extent permitted by applicable law, we may charge a reasonable fee to
comply with your request.
Requests from Our Client’s Users: Because Branch is a vendor that processes data
on behalf of its Clients, any requests from Users who are California residents
seeking to exercise their rights of access and deletion under the CCPA must be
provided to Branch by a Client. Clients can notify Branch of these requests
here.


4. RETENTION OF YOUR PERSONAL INFORMATION

Top

Please see the Our Data Retention Policy section provided in Branch’s Privacy
Policy.

EFFECTIVE JANUARY 1, 2023  TO  JANUARY 4, 2023

Download

--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------


CALIFORNIA CONSUMER PRIVACY ACT

Top

The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
residents of California. If you are a California resident interacting with us
through our provision of services to our Clients, your personal information is
controlled by the applicable Client(s), and you should contact them to exercise
your rights under the CCPA. This section applies to you if you are a resident of
California about whom we collect personal information independent of the
services we provide to Clients (“California Consumer”), such as if you provide
us personal information on our Website. This section does not apply to personal
information we collect from our employees and job applicants in their capacity
as employees and job applicants. This notice supplements the information in our
Privacy Policy. Certain terms used below have the meanings given to them in the
CCPA.


1. CATEGORIES OF PERSONAL INFORMATION WE COLLECT, PURPOSES OF USE, AND TO WHOM
WE DISCLOSE

Top

As described in our Privacy Policy, in the preceding twelve months, we may have
collected the following categories of personal information about you for
business or commercial purposes:
 * Identifiers, e.g., name, email address, Github ID
 * Device Information and Device Identifiers, e.g., IP address, browser type and
   device locale, operating system, mobile platform, device model
 * Financial Information, e.g., credit or debit card number, verification
   number, and expiration date
 * Commercial Information, e.g., delivery information and information about your
   transactions and purchases with us
 * Connection and Usage Data, e.g., web browsing activity on the Website
 * General location, e.g., information inferred from IP addresses
 * Inferences, e.g. information on your employer inferred from an IP address
 * Other Information, e.g., any other information you provide to us through the
   Website

We collect the categories of personal information identified above from the
following sources: (1) directly from you; (2) through your use of the Website;
and (3) affiliates; and (4) other parties such as data brokers providing
business information and social networking providers if you connect Branch to
your use of those services.
As described above in our Privacy Policy, we collect the categories of personal
information identified above for the following business and commercial purposes:
 * Communicate with you, such as (1) to respond to your requests for information
   and provide you with customer service and technical support; (2) to send
   communications or content that you have requested; (3) to provide you with
   transactional updates and information about the Services (e.g., inform you
   about updates to our Services, information about your account); and/or (4) in
   accordance with applicable legal requirements, contact you by email, postal
   mail, phone, advertising or SMS regarding our business and products and
   services offered by other parties, surveys, promotions, special events and
   other subjects that we think may be of interest to you.
 * Transact with you if you use our products or services
 * Provide the Services, such as (1) to process and fulfill your transactions or
   requests; (2) to engage in analysis, research, and reports to better
   understand how you use the Services, so we can improve them; (3) to
   administer entries into promotions or surveys; and/or (4) to understand and
   resolve technical issues with our Services.
 * Tell you about products and services offered by Branch and Branch’s selected
   partners
 * Personalize your experience, such as (1) to customize the advertising and
   content on the Services based on your activities and interests; (2) to create
   and update audience segments that can be used for targeted advertising and
   marketing on the Services, services and platforms offered by other parties,
   and mobile apps; and/or (3) to create profiles about you, including adding
   and combining information we obtain from other parties, which may be used for
   analytics, marketing, and advertising.
 * Improve our offerings.
 * Secure our Services and fraud prevention, such as (1) to monitor, prevent,
   and detect fraud, such as through verifying your identity; (2) to combat spam
   or other malware or security risks; and/or (3) to monitor, enforce, and
   improve the security of our Services.
 * Defending our legal rights and complying with the law, such as (1) to comply
   with any applicable procedures, laws, and regulations where it is necessary
   for our legitimate interests or the legitimate interests of others; and/or
   (2) to establish, exercise, or defend our legal rights where it is necessary
   for our legitimate interests or the legitimate interests of others (e.g., to
   enforce compliance with our Terms and Conditions, Privacy Policy, or to
   protect our Services, Users, or others).

Additional information concerning the business and commercial purposes is set
forth in the “How Does Branch Use the Information Collected through its
Website?” section of our Privacy Policy. We may disclose the categories of
personal information identified in this California Privacy Notice about our
California Consumers for our operational purposes where the use of such personal
information is reasonably necessary and proportionate to achieve the operational
purpose for which the personal information was collected or processed or for
another operational purpose that is compatible with the context in which the
personal information was collected.


HOW WE DISCLOSE YOUR INFORMATION

Top

We disclose the information collected from and about you as discussed above for
various business purposes. The chart below explains the categories of
information that we may disclose to other parties and the categories of those
parties.

Other Parties to whom we disclose information and why Categories of information
disclosed Our Affiliates. We may disclose information we collect within our
family of companies to deliver products and services to you, and enhance our
products, services, and your customer experience. All categories of information
we collect may be disclosed to our affiliates Service Providers that perform
services on our behalf: including billing and payment processing, sales,
marketing, advertising, data analysis and insight, research, technical support
and customer service, data storage, security, fraud prevention, and legal
services. All categories of information we collect may be disclosed to our
vendors Other Individuals, Services, and Vendors at Your Request. We will
disclose your information to other businesses and services at your request. For
example, if you direct us to communicate information to one of your vendors.
 * Contact and account registration
 * Demographic and statistical information
 * Communications with event vendors
 * Location
 * Other Information

Unaffiliated Partners for Marketing Purposes. We may disclose your information
to partners whose offerings we think may interest you. For example, if you
participate in co-sponsored promotions, then we may disclose information to our
affiliates and other parties for their marketing and other purposes.
 * Contact and account registration
 * Demographic and statistical information

Unaffiliated Partners to Provide Co-Branded Products and Services. In some
cases, we may disclose information to unaffiliated partners to provide
co-branded products or services (e.g., co-sponsored promotions).
 * Contact and account registration
 * Demographic and statistical information
 * Location

Other Parties for Legal Purposes. By using the Services, you acknowledge and
agree that we may access, retain, and disclose the information we collect and
maintain about you if required to do so by law or in a good faith belief that
such access, retention or disclosure is reasonably necessary to: (a) comply with
legal process or a regulatory investigation (e.g. a subpoena or court order);
(b) enforce our Terms and Conditions, this Privacy Policy, or other contracts
with you, including investigation of potential violations thereof; (c) respond
to claims that any content violates the rights of other parties; and/or (d)
protect our rights, property or personal safety, or that of our agents and
affiliates, our users and/or the public. This includes exchanging information
with other companies and organizations for information security, fraud
protection, spam/malware prevention, and similar purposes. All categories of
information we collect may be disclosed as necessary Other Parties in a Business
Transaction. We may disclose information in connection with an actual or
contemplated corporate transaction, including for example a merger, investment,
acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of
some or all of our assets. All categories of information we collect may be
disclosed as necessary Online Advertisers and Ad Networks. As discussed in the
“Vendor Tools/Analytics on the Website” Section of our Privacy Policy, the
Services may rely on advertising technologies that allow for the delivery of
relevant content and advertising on the Services, as well as on other websites
you visit and other applications you use, and these technologies will collect
certain information from your use of the Services to assist in delivering such
ads.
 * Identifiers
 * Device information and device identifiers
 * Connection and usage data
 * Geolocation

The CCPA allows you to limit the use or disclosure of your “sensitive personal
information” (as defined in the CCPA) if your sensitive personal information is
used for certain purposes. Your account log-in and password or other credentials
allowing access to your account constitutes “sensitive personal information”
under the CCPA. Please note that we do not use or disclose sensitive personal
information other than for purposes for which you cannot opt-out under the CCPA.


2. SALES AND SHARING OF WEBSITE USER PERSONAL INFORMATION

Top

We may disclose Website Users’ personal information to third parties for
purposes of Website analytics and advertising the Website and Services. We
provide Website User information to analytics providers to better understand how
Website Users use the Website so we can improve the Website and create new
products and services. We may also provide Website Users’ personal information
to third-party advertising providers for targeted advertising purposes, so we
can provide Website Users with more relevant and tailored ads regarding our
Website and Services. Under the CCPA, disclosing Website User personal
information to these third parties may be considered a “sale” of personal
information or the “sharing” of personal information for purposes of
“cross-context behavioral advertising.” In the last 12 months, we have sold or
shared the following categories of Website User personal information to
advertisers and ad networks: identifiers, device information and device
identifiers, connection and usage data, and general location data.
To opt out of such “sales” or “sharing” of your personal information, please
visit this link: Do Not Sell My Information.
Please note that we also respond to and abide by opt-out preference signals sent
through the Global Privacy Control. Any opt out preferences you have exercised
through these methods will only apply to the specific device/browser on which
you made them. For more information on how to use the Global Privacy Control,
see www.globalprivacycontrol.org.
We do not knowingly “sell” or “share” the personal information of children under
16.


3. CALIFORNIA RIGHTS AND CHOICES

Top

Without being discriminated against for exercising these rights, California
residents have the right to request that we disclose what personal information
we collect about you, correction of such personal information, and to delete
that information, subject to certain restrictions. You also have the right to
designate an agent to exercise these rights on your behalf. This section
describes how to exercise those rights and our process for handling those
requests. To the extent permitted by applicable law, we may charge a reasonable
fee to comply with your request.
Right to request access to your personal information
California residents have the right to request that we disclose the categories
of personal information we have collected or disclosed about you, the categories
of sources of such information, the business or commercial purpose for
collecting, “selling,” or “sharing” your personal information, the categories of
third parties to whom we disclose or “sell,” or with whom we “share,” personal
information, and the categories of personal information we “sell”. You may also
request the specific pieces of personal information that we have collected from
you. However, we may withhold some personal information as permitted under
applicable law. For example, to protect your security, we may withhold your
account password from the information provided in response to a request for the
specific pieces of personal information that we have collected about you.
Right to correct inaccurate personal information
You may request that we correct inaccurate personal information about you. We
may deny your request as permitted by the CCPA. For example, we may not correct
personal information stored in backups or archives except where required by the
CCPA.
Right to request deletion of your personal information
You may also request that we delete any personal information that we collected
from you. However, we may retain personal information necessary to (a) protect
our business, systems, and users from fraudulent activity, (b) to address
technical issues that impair existing functionality, (c) necessary for us, or
others, to exercise their free speech or other rights, (d) comply with law
enforcement requests pursuant to lawful process, (e) for our own internal
purposes reasonably related to your relationship with us, or to comply with
legal obligations. Additionally, we need certain types of information so that we
can provide our Services to you. If you ask us to delete it, you may no longer
be able to access or use our Services.
How to exercise your access and deletion rights
Subject to restrictions under applicable law, California residents may exercise
their California privacy rights by submitting your request to us, or by
contacting us at privacy@branch.io, or at (650) 209-6461.
For security purposes, when you request to exercise your California privacy
rights we will verify your identity. Once we have verified your identity (and
your agent, as applicable), we will respond to your request as appropriate:
 * Transparency. Where you have requested the categories of personal information
   that we have collected about you, we will direct you to the sections of our
   Privacy Policy relevant to your request.
 * Access. Where you have requested specific pieces of personal information, we
   will provide the information you have requested, except where not permitted
   under applicable law or otherwise exempted by the CCPA.
 * Deletion. Where you have requested that we delete personal information that
   we have collected from you, we will delete any information about you that is
   not necessary for the purposes indicated above. Upon completion, we will send
   you a notice confirming that we deleted the information we collected from
   you. Certain information may be exempt from such requests under applicable
   law.

If we are unable to complete your requests fully for any of the reasons above,
we will provide you additional information about the reasons that we could not
comply with your request.
Right to nondiscrimination
We will not deny, charge different prices for, or provide a different level of
quality of goods or services if you choose to exercise these rights.
Other rights
You may have the right to receive information about the financial incentives
that we offer to you, if any. You also have the right to opt out of the “sale”
or “sharing” of your personal information as described above.
Authorized Agents
You may also designate an agent to make requests to exercise your rights under
CCPA as described above. We will take steps both to verify the identity of the
person seeking to exercise their rights as listed above, and to verify that your
agent has been authorized to make a request on your behalf (e.g. through
providing us with a signed written authorization or a copy of a power of
attorney).
Submitting CCPA Requests
For our Website: If you are a California Consumer, please submit a CCPA request
here, or contact us at privacy@branch.io or at (650) 209-6461. To protect your
privacy and maintain security, we take steps to verify your identity before
granting you access to your personal information or complying with your request.
To the extent permitted by applicable law, we may charge a reasonable fee to
comply with your request.
Requests from Our Client’s Users: Because Branch is a vendor that processes data
on behalf of its Clients, any requests from Users who are California residents
seeking to exercise their rights of access and deletion under the CCPA must be
provided to Branch by a Client. Clients can notify Branch of these requests
here.


4. RETENTION OF YOUR PERSONAL INFORMATION

Top

Please see the Our Data Retention Policy section provided in Branch’s Privacy
Policy.

EFFECTIVE DECEMBER 29, 2022  TO  JANUARY 1, 2023

Download

--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------

California Consumer Privacy Act

Top

The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
residents of California. If you are a California resident interacting with us
through our provision of services to our Clients, your personal information is
controlled by the applicable Client(s), and you should contact them to exercise
your rights under the CCPA. This section applies to you if you are a resident of
California about whom we collect personal information independent of the
services we provide to Clients (“California Consumer”), such as if you provide
us personal information on our Website. This section does not apply to personal
information we collect from our employees and job applicants in their capacity
as employees and job applicants. This notice supplements the information in our
Privacy Policy. Certain terms used below have the meanings given to them in the
CCPA.

1. Categories of personal information we collect, purposes of use, and to whom
we disclose

Top

As described in our Privacy Policy, in the preceding twelve months, we may have
collected the following categories of personal information about you for
business or commercial purposes:

 * Identifiers, e.g., name, email address, Github ID
 * Device Information and Device Identifiers, e.g., IP address, browser type and
   device locale, operating system, mobile platform, device model
 * Financial Information, e.g., credit or debit card number, verification
   number, and expiration date
 * Commercial Information, e.g., delivery information and information about your
   transactions and purchases with us
 * Connection and Usage Data, e.g., web browsing activity on the Website
 * General location, e.g., information inferred from IP addresses
 * Inferences, e.g. information on your employer inferred from an IP address
 * Other Information, e.g., any other information you provide to us through the
   Website

We collect the categories of personal information identified above from the
following sources: (1) directly from you; (2) through your use of the Website;
(3) affiliates; and (4) other parties such as data brokers providing business
information and social networking providers if you connect Branch to your use of
those services.

As described above in our Privacy Policy, we collect the categories of personal
information identified above for the following business and commercial purposes:

 * Communicate with you, such as (1) to respond to your requests for information
   and provide you with customer service and technical support; (2) to send
   communications or content that you have requested; (3) to provide you with
   transactional updates and information about the Services (e.g., inform you
   about updates to our Services, information about your account); and/or (4) in
   accordance with applicable legal requirements, contact you by email, postal
   mail, phone, advertising or SMS regarding our business and products and
   services offered by other parties, surveys, promotions, special events and
   other subjects that we think may be of interest to you.
 * Transact with you if you use our products or services.
 * Provide the Services, such as (1) to process and fulfill your transactions or
   requests; (2) to engage in analysis, research, and reports to better
   understand how you use the Services, so we can improve them; (3) to
   administer entries into promotions or surveys; and/or (4) to understand and
   resolve technical issues with our Services.
 * Tell you about products and services offered by Branch and Branch’s selected
   partners.
 * Personalize your experience, such as (1) to customize the advertising and
   content on the Services based on your activities and interests; (2) to create
   and update audience segments that can be used for targeted advertising and
   marketing on the Services, services and platforms offered by other parties,
   and mobile apps; and/or (3) to create profiles about you, including adding
   and combining information we obtain from other parties, which may be used for
   analytics, marketing, and advertising.
 * Improve our offerings.
 * Secure our Services and fraud prevention, such as (1) to monitor, prevent,
   and detect fraud, such as through verifying your identity; (2) to combat spam
   or other malware or security risks; and/or (3) to monitor, enforce, and
   improve the security of our Services.
 * Defending our legal rights and complying with the law, such as (1) to comply
   with any applicable procedures, laws, and regulations where it is necessary
   for our legitimate interests or the legitimate interests of others; and/or
   (2) to establish, exercise, or defend our legal rights where it is necessary
   for our legitimate interests or the legitimate interests of others (e.g., to
   enforce compliance with our Terms and Conditions, Privacy Policy, or to
   protect our Services, Users, or others).

Additional information concerning the business and commercial purposes is set
forth in the “How Does Branch Use the Information Collected through its Website?
” section of our Privacy Policy. We may disclose the categories of personal
information identified in this California Privacy Notice about our California
Consumers for our operational purposes where the use of such personal
information is reasonably necessary and proportionate to achieve the operational
purpose for which the personal information was collected or processed or for
another operational purpose that is compatible with the context in which the
personal information was collected.






How We Disclose Your Information




We disclose the information collected from and about you as discussed above for
various business purposes. The chart below explains the categories of
information that we may disclose to other parties and the categories of those
parties.



Other Parties to whom we disclose information and why

Categories of information disclosed

Our Affiliates. We may disclose information we collect within our family of
companies to deliver products and services to you, and enhance our products,
services, and your customer experience.

All categories of information we collect may be disclosed to our affiliates

Vendors that perform services on our behalf: including billing and payment
processing, sales, marketing, advertising, data analysis and insight, research,
technical support and customer service, data storage, security, fraud
prevention, and legal services.

All categories of information we collect may be disclosed to our vendors

Other Individuals, Services, and Vendors at Your Request. We will disclose your
information to other businesses and services at your request. For example, if
you direct us to communicate information to one of your vendors.

· Contact and account registration

· Demographic and statistical information

· Communications with event vendors

· Location

· Other Information

Unaffiliated Partners for Marketing Purposes. We may disclose your information
to partners whose offerings we think may interest you. For example, if you
participate in co-sponsored promotions, then we may disclose information to our
affiliates and other parties for their marketing and other purposes.

· Contact and account registration

· Demographic and statistical information

Unaffiliated Partners to Provide Co-Branded Products and Services. In some
cases, we may disclose information to unaffiliated partners to provide
co-branded products or services (e.g., co-sponsored promotions).

· Contact and account registration

· Demographic and statistical information

· Location

Other Parties for Legal Purposes. By using the Services, you acknowledge and
agree that we may access, retain, and disclose the information we collect and
maintain about you if required to do so by law or in a good faith belief that
such access, retention or disclosure is reasonably necessary to: (a) comply with
legal process or a regulatory investigation (e.g. a subpoena or court order);
(b) enforce our Terms and Conditions, this Privacy Policy, or other contracts
with you, including investigation of potential violations thereof; (c) respond
to claims that any content violates the rights of other parties; and/or (d)
protect our rights, property or personal safety, or that of our agents and
affiliates, our users and/or the public. This includes exchanging information
with other companies and organizations for information security, fraud
protection, spam/malware prevention, and similar purposes.

All categories of information we collect may be disclosed as necessary

Other Parties in a Business Transaction. We may disclose information in
connection with an actual or contemplated corporate transaction, including for
example a merger, investment, acquisition, reorganization, consolidation,
bankruptcy, liquidation, or sale of some or all of our assets.

All categories of information we collect may be disclosed as necessary

Online Advertisers and Ad Networks. As discussed in the “Vendor Tools/Analytics
on the Website” Section of our Privacy Policy, the Services may rely on
advertising technologies that allow for the delivery of relevant content and
advertising on the Services, as well as on other websites you visit and other
applications you use, and these technologies will collect certain information
from your use of the Services to assist in delivering such ads.

· Identifiers

· Device information and device identifiers

· Connection and usage data

· Geolocation




The CCPA allows you to limit the use or disclosure of your “sensitive personal
information” (as defined in the CCPA) if your sensitive personal information is
used for certain purposes. Your account log-in and password or other credentials
allowing access to your account constitutes “sensitive personal information”
under the CCPA. Please note that we do not use or disclose sensitive personal
information other than for purposes for which you cannot opt-out under the CCPA.






2. Sales and sharing of Website User personal information

Top

We may disclose Website Users’ personal information to third parties for
purposes of Website analytics and advertising the Website and Services. We
provide Website User information to analytics providers to better understand how
Website Users use the Website so we can improve the Website and create new
products and services. We may also provide Website Users’ personal information
to third-party advertising providers for targeted advertising purposes, so we
can provide Website Users with more relevant and tailored ads regarding our
Website and Services. Under the CCPA, disclosing Website User personal
information to these third parties may be considered a “sale” of personal
information or the “sharing” of personal information for purposes of
“cross-context behavioral advertising.” In the last 12 months, we have sold or
shared the following categories of Website User personal information to
advertisers and ad networks: identifiers, device information and device
identifiers, connection and usage data, and general location data.




To opt out of such “sales” or “sharing” of your personal information, please
visit this link: Do Not Sell My Information.






Please note that we also respond to and abide by opt-out preference signals sent
through the Global Privacy Control. Any opt out preferences you have exercised
through these methods will only apply to the specific device/browser on which
you made them. For more information on how to use the Global Privacy Control,
see www.globalprivacycontrol.org.



We do not knowingly “sell” or “share” the personal information of children under
16.







3. California Rights and Choices

Top

Without being discriminated against for exercising these rights, California
residents have the right to request that we disclose what personal information
we collect about you, correction of such personal information, and to delete
that information, subject to certain restrictions. You also have the right to
designate an agent to exercise these rights on your behalf. This section
describes how to exercise those rights and our process for handling those
requests. To the extent permitted by applicable law, we may charge a reasonable
fee to comply with your request.

Right to request access to your personal information
California residents have the right to request that we disclose the categories
of personal information we have collected or disclosed about you, the categories
of sources of such information, the business or commercial purpose for
collecting, “selling,” or “sharing” your personal information, the categories of
third parties to whom we disclose or “sell,” or with whom we “share,” personal
information, and the categories of personal information we “sell”. You may also
request the specific pieces of personal information that we have collected from
you. However, we may withhold some personal information as permitted under
applicable law. For example, to protect your security, we may withhold your
account password from the information provided in response to a request for the
specific pieces of personal information that we have collected about you.

Right to correct inaccurate personal information
You may request that we correct inaccurate personal information about you. We
may deny your request as permitted by the CCPA. For example, we may not correct
personal information stored in backups or archives except where required by the
CCPA.

Right to request deletion of your personal information
You may also request that we delete any personal information that we collected
from you. However, we may retain personal information necessary to (a) protect
our business, systems, and users from fraudulent activity, (b) to address
technical issues that impair existing functionality, (c) necessary for us, or
others, to exercise their free speech or other rights, (d) comply with law
enforcement requests pursuant to lawful process, (e) for our own internal
purposes reasonably related to your relationship with us, or to comply with
legal obligations. Additionally, we need certain types of information so that we
can provide our Services to you. If you ask us to delete it, you may no longer
be able to access or use our Services.

How to exercise your access and deletion rights
Subject to restrictions under applicable law, California residents may exercise
their California privacy rights by submitting your request to us, or by
contacting us at privacy@branch.io, or at (650) 209-6461.

For security purposes, when you request to exercise your California privacy
rights we will verify your identity. Once we have verified your identity (and
your agent, as applicable) , we will respond to your request as appropriate:

 * Transparency. Where you have requested the categories of personal information
   that we have collected about you, we will direct you to the sections of our
   Privacy Policy relevant to your request.
 * Access. Where you have requested specific pieces of personal information, we
   will provide the information you have requested, except where not permitted
   under applicable law or otherwise exempted by the CCPA.
 * Deletion. Where you have requested that we delete personal information that
   we have collected from you, we will delete any information about you that is
   not necessary for the purposes indicated above. Upon completion, we will send
   you a notice confirming that we deleted the information we collected from
   you. Certain information may be exempt from such requests under applicable
   law.

If we are unable to complete your requests fully for any of the reasons above,
we will provide you additional information about the reasons that we could not
comply with your request.




Right to nondiscrimination
We will not deny, charge different prices for, or provide a different level of
quality of goods or services if you choose to exercise these rights.

Other rights
You may have the right to receive information about the financial incentives
that we offer to you, if any. You also have the right to opt out of the “sale”
or “sharing” of your personal information as described above.

Authorized Agents
You may also designate an agent to make requests to exercise your rights under
CCPA as described above. We will take steps both to verify the identity of the
person seeking to exercise their rights as listed above, and to verify that your
agent has been authorized to make a request on your behalf (e.g. through
providing us with a signed written authorization or a copy of a power of
attorney).

Submitting CCPA Requests

For our Website: If you are a California Consumer, please submit a CCPA request
here , or contact us at privacy@branch.io or at (650) 209-6461. To protect your
privacy and maintain security, we take steps to verify your identity before
granting you access to your personal information or complying with your request.
To the extent permitted by applicable law, we may charge a reasonable fee to
comply with your request.

Requests from Our Client’s Users: Because Branch is a vendor that processes data
on behalf of its Clients, any requests from Users who are California residents
seeking to exercise their rights of access and deletion under the CCPA must be
provided to Branch by a Client. Clients can notify Branch of these requests
here.




4. Retention of Your Personal Information

Top

Please see the Our Data Retention Policy section provided in Branch’s Privacy
Policy.




EFFECTIVE OCTOBER 11, 2022  TO  DECEMBER 29, 2022

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CALIFORNIA CONSUMER PRIVACY ACT



Top
The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
residents of California. If you are a California resident interacting with us
through our provision of services to our Clients, your personal information is
controlled by the applicable Client(s), and you should contact them to exercise
your rights under the CCPA. This section applies to you if you are a resident of
California about whom we collect personal information independent of the
services we provide to Clients (“California Consumer”), such as if you provide
us personal information on our Website.This section does not apply to personal
information we collect from our employees and job applicants in their capacity
as employees and job applicants, or personal information we collect from
employees, owners, directors, officers, or contractors of businesses in the
course of our provision or receipt of business-related services. This notice
supplements the information in our Privacy Policy. Certain terms used below have
the meanings given to them in the CCPA.
As described in our Privacy Policy, in the preceding twelve months, we may have
collected the following categories of personal information about you for
business or commercial purposes:
 * Identifiers, e.g., name, email address, Github ID
 * Device Information and Device Identifiers, e.g., IP address, browser type and
   device locale, operating system, mobile platform, device model
 * Financial Information, e.g., credit or debit card number, verification
   number, and expiration date
 * Commercial Information, e.g., delivery information and information about your
   transactions and purchases with us
 * Connection and Usage Data, e.g., web browsing activity on the Website
 * Geolocation, e.g., information inferred from IP addresses Inferences, e.g.
   information on your employer inferred from an IP address
 * Other Information, e.g., any other information you provide to us through the
   Website

We collect the categories of personal information identified above from the
following sources: (1) directly from you; (2) through your use of the Website;
and (3) third parties such as from social networking providers if you connect
Branch to your use of those services.
As described above in our Privacy Policy, we collect the categories of personal
information identified above for the following business and commercial purposes:
 * Communicate with you, such as (1) to respond to your requests for information
   and provide you with customer service and technical support; (2) to send
   communications or content that you have requested; (3) to provide you with
   transactional updates and information about the Services (e.g., inform you
   about updates to our Services, information about your account); and/or (4) in
   accordance with applicable legal requirements, contact you by email, postal
   mail, phone, advertising or SMS regarding Business and third-party products,
   services, surveys, promotions, special events and other subjects that we
   think may be of interest to you.
 * Transact with you if you use our products or services.
 * Provide the Services, such as (1) to process and fulfill your transactions or
   requests; (2) to engage in analysis, research, and reports to better
   understand how you use the Services, so we can improve them; (3) to
   administer entries into promotions or surveys; and/or (4) to understand and
   resolve technical issues with our Services.
 * Tell you about products and services offered by Branch and Branch’s selected
   partners.
 * Personalize your experience, such as (1) to customize the advertising and
   content on the Services based on your activities and interests; (2) to create
   and update audience segments that can be used for targeted advertising and
   marketing on the Services, third party services and platforms, and mobile
   apps; and/or (3) to create profiles about you, including adding and combining
   information we obtain from third parties, which may be used for analytics,
   marketing, and advertising.
 * Improve our offerings.
 * Secure our Services and fraud prevention, such as (1) to monitor, prevent,
   and detect fraud, such as through verifying your identity; (2) to combat spam
   or other malware or security risks; and/or (3) to monitor, enforce, and
   improve the security of our Services.
 * Defending our legal rights and complying with the law, such as (1) to comply
   with any applicable procedures, laws, and regulations where it is necessary
   for our legitimate interests or the legitimate interests of others; and/or
   (2) to establish, exercise, or defend our legal rights where it is necessary
   for our legitimate interests or the legitimate interests of others (e.g., to
   enforce compliance with our Terms and Conditions, Privacy Policy, or to
   protect our Services, Users, or others).

Additional information concerning the business and commercial purposes is set
forth in the “How Does Branch Use the Information Collected through its
Website?” section of our Privacy Policy. We may disclose the categories of
personal information identified in this California Privacy Notice about our
California Consumers for our operational purposes where the use of such personal
information is reasonably necessary and proportionate to achieve the operational
purpose for which the personal information was collected or processed or for
another operational purpose that is compatible with the context in which the
personal information was collected.

HOW WE SHARE AND DISCLOSE YOUR INFORMATION

Top
We share the information collected from and about you as discussed above for
various business purposes. The chart below explains the categories of
information that we may share with other parties and the categories of those
parties.

Other Parties with which we share information and whyCategories of information
sharedOur Affiliates. We may share information we collect within our family of
companies to deliver products and services to you, and enhance our products,
services, and your customer experience.All categories of information we collect
may be shared with our affiliatesService Providers that perform services on our
behalf: including billing and payment processing, sales, marketing, advertising,
data analysis and insight, research, technical support and customer service,
data storage, security, fraud prevention, and legal services.All categories of
information we collect may be shared with our service providersOther
Individuals, Services, and Vendors at Your Request. We will share your
information with other businesses and services at your request. For example, if
you direct us to communicate information to one of your vendors.
 * Contact and account registration
 * Demographic and statistical information
 * Communications with event vendors
 * Geolocation
 * Other Information

Third Party Partners for Marketing Purposes. We may share your information with
partners whose offerings we think may interest you. For example, if you
participate in co-sponsored promotions, then we may share information with our
affiliates and other third parties for their marketing and other purposes.
 * Contact and account registration
 * Demographic and statistical information

Third Party Partners to Provide Co-Branded Products and Services. In some cases,
we may share information with third-party partners to provide co-branded
products or services (e.g., co-sponsored promotions).
 * Contact and account registration
 * Demographic and statistical information
 * Geolocation

Other Parties for Legal Purposes. By using the Services, you acknowledge and
agree that we may access, retain, and disclose the information we collect and
maintain about you if required to do so by law or in a good faith belief that
such access, retention or disclosure is reasonably necessary to: (a) comply with
legal process or a regulatory investigation (e.g. a subpoena or court order);
(b) enforce our Terms and Conditions, this Privacy Policy, or other contracts
with you, including investigation of potential violations thereof; (c) respond
to claims that any content violates the rights of third parties; and/or (d)
protect our rights, property or personal safety, or that of our agents and
affiliates, our users and/or the public. This includes exchanging information
with other companies and organizations for information security, fraud
protection, spam/malware prevention, and similar purposes.All categories of
information we collect may be shared as necessaryOther Parties in a Business
Transaction. We may disclose information in connection with an actual or
contemplated corporate transaction, including for example a merger, investment,
acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of
some or all of our assets.All categories of information we collect may be shared
as necessaryThird-Party Online Advertisers and Ad Networks. As discussed in the
“Third Party Tools / Analytics on the Website” Section of our Privacy Policy,
the Services may rely on third-party advertising technologies that allow for the
delivery of relevant content and advertising on the Services, as well as on
other websites you visit and other applications you use, and these technologies
will collect certain information from your use of the Services to assist in
delivering such ads.
 * Identifiers
 * Device information and device identifiers
 * Connection and usage data
 * Geolocation

The CCPA sets forth certain obligations for businesses that “sell” personal
information. Based on the definition of “sell” under the CCPA and under current
regulatory guidance, we do not believe we engage in such activity and have not
engaged in such activity in the past twelve months. Instead, we limit our
sharing of information as set forth in the “How does Branch Share Information?”
section of this Privacy Policy, and to allow third parties to collect certain
information about your activity for limited purposes, for example through
cookies, as explained in the “Third-Party Tools / Analytics on the Website”
section of our Privacy Policy.

CALIFORNIA RIGHTS AND CHOICES

Top
Without being discriminated against for exercising these rights, California
residents have the right to request that we disclose what personal information
we collect about you and to delete that information, subject to certain
restrictions. You also have the right to designate an agent to exercise these
rights on your behalf. This section describes how to exercise those rights and
our process for handling those requests. To the extent permitted by applicable
law, we may charge a reasonable fee to comply with your request.
Right to request access to your personal information
California residents have the right to request that we disclose what categories
of your personal information that we collect, use, or sell. You may also request
the specific pieces of personal information that we have collected from you.
However, we may withhold some personal information as permitted under applicable
law. For example, to protect your security, we may withhold your account
password from the information provided in response to a request for the specific
pieces of personal information that we have collected about you.
Right to request deletion of your personal information
You may also request that we delete any personal information that we collected
from you. However, we may retain personal information necessary to (a) protect
our business, systems, and users from fraudulent activity, (b) to address
technical issues that impair existing functionality, (c) necessary for us, or
others, to exercise their free speech or other rights, (d) comply with law
enforcement requests pursuant to lawful process, (e) for our own internal
purposes reasonably related to your relationship with us, or to comply with
legal obligations. Additionally, we need certain types of information so that we
can provide our Services to you. If you ask us to delete it, you may no longer
be able to access or use our Services.
How to exercise your access and deletion rights
Subject to restrictions under applicable law, California residents may exercise
their California privacy rights by submitting your request to us, or by
contacting us at privacy@branch.io.
For security purposes, when you request to exercise your California privacy
rights we will verify your identity. Once we have verified your identity (and
your agent, as applicable), we will respond to your request as appropriate:
 * Transparency. Where you have requested the categories of personal information
   that we have collected about you, we will direct you to the sections of our
   Privacy Policy relevant to your request.
 * Access. Where you have requested specific pieces of personal information, we
   will provide the information you have requested, except where not permitted
   under applicable law or otherwise exempted by the CCPA.
 * Deletion. Where you have requested that we delete personal information that
   we have collected from you, we will delete any information about you that is
   not necessary for the purposes indicated above. Upon completion, we will send
   you a notice confirming that we deleted the information we collected from
   you. Certain information may be exempt from such requests under applicable
   law.

If we are unable to complete your requests fully for any of the reasons above,
we will provide you additional information about the reasons that we could not
comply with your request.
Right to nondiscrimination
We will not deny, charge different prices for, or provide a different level of
quality of goods or services if you choose to exercise these rights.
Authorized Agents
You may also designate an agent to make requests to exercise your rights under
CCPA as described above. We will take steps both to verify the identity of the
person seeking to exercise their rights as listed above, and to verify that your
agent has been authorized to make a request on your behalf (e.g. through
providing us with a signed written authorization or a copy of a power of
attorney).
Submitting CCPA Requests
For our Website: If you are a California Consumer, please submit a CCPA request
here, or contact us at privacy@branch.io. To protect your privacy and maintain
security, we take steps to verify your identity before granting you access to
your personal information or complying with your request. To the extent
permitted by applicable law, we may charge a reasonable fee to comply with your
request.
Requests from Our Client’s Users: Because Branch is a service provider that
processes data on behalf of its Clients, any requests from Users who are
California residents seeking to exercise their rights of access and deletion
under the CCPA must be provided to Branch by a Client. Clients can notify Branch
of these requests here.












EFFECTIVE JUNE 1, 2022  TO  OCTOBER 11, 2022

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California Consumer Privacy Act
The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
residents of California. If you are a California resident interacting with us
through our provision of services to our Clients, your personal information is
controlled by the applicable Client(s), and you should contact them to exercise
your rights under the CCPA. This section applies to you if you are a resident of
California about whom we collect personal information independent of the
services we provide to Clients (“California Consumer”), such as if you provide
us personal information on our Website.This section does not apply to personal
information we collect from our employees and job applicants in their capacity
as employees and job applicants, or personal information we collect from
employees, owners, directors, officers, or contractors of businesses in the
course of our provision or receipt of business-related services. This notice
supplements the information in our Privacy Policy. Certain terms used below have
the meanings given to them in the CCPA.
As described in our Privacy Policy, in the preceding twelve months, we may have
collected the following categories of personal information about you for
business or commercial purposes:
 * Identifiers, e.g., name, email address, Github ID
 * Device Information and Device Identifiers, e.g., IP address, browser type and
   device locale, operating system, mobile platform, device model
 * Financial Information, e.g., credit or debit card number, verification
   number, and expiration date
 * Commercial Information, e.g., delivery information and information about your
   transactions and purchases with us
 * Connection and Usage Data, e.g., web browsing activity on the Website
 * Geolocation, e.g., information inferred from IP addresses Inferences, e.g.
   information on your employer inferred from an IP address
 * Other Information, e.g., any other information you provide to us through the
   Website

We collect the categories of personal information identified above from the
following sources: (1) directly from you; (2) through your use of the Website;
and (3) third parties such as from social networking providers if you connect
Branch to your use of those services.
As described above in our Privacy Policy, we collect the categories of personal
information identified above for the following business and commercial purposes:
 * Communicate with you, such as (1) to respond to your requests for information
   and provide you with customer service and technical support; (2) to send
   communications or content that you have requested; (3) to provide you with
   transactional updates and information about the Services (e.g., inform you
   about updates to our Services, information about your account); and/or (4) in
   accordance with applicable legal requirements, contact you by email, postal
   mail, phone, advertising or SMS regarding Business and third-party products,
   services, surveys, promotions, special events and other subjects that we
   think may be of interest to you.
 * Transact with you if you use our products or services.
 * Provide the Services, such as (1) to process and fulfill your transactions or
   requests; (2) to engage in analysis, research, and reports to better
   understand how you use the Services, so we can improve them; (3) to
   administer entries into promotions or surveys; and/or (4) to understand and
   resolve technical issues with our Services.
 * Tell you about products and services offered by Branch and Branch’s selected
   partners.
 * Personalize your experience, such as (1) to customize the advertising and
   content on the Services based on your activities and interests; (2) to create
   and update audience segments that can be used for targeted advertising and
   marketing on the Services, third party services and platforms, and mobile
   apps; and/or (3) to create profiles about you, including adding and combining
   information we obtain from third parties, which may be used for analytics,
   marketing, and advertising.
 * Improve our offerings.
 * Secure our Services and fraud prevention, such as (1) to monitor, prevent,
   and detect fraud, such as through verifying your identity; (2) to combat spam
   or other malware or security risks; and/or (3) to monitor, enforce, and
   improve the security of our Services.
 * Defending our legal rights and complying with the law, such as (1) to comply
   with any applicable procedures, laws, and regulations where it is necessary
   for our legitimate interests or the legitimate interests of others; and/or
   (2) to establish, exercise, or defend our legal rights where it is necessary
   for our legitimate interests or the legitimate interests of others (e.g., to
   enforce compliance with our Terms and Conditions, Privacy Policy, or to
   protect our Services, Users, or others).

Additional information concerning the business and commercial purposes is set
forth in the “How Does Branch Use the Information Collected through its
Website?” section of our Privacy Policy. We may disclose the categories of
personal information identified in this California Privacy Notice about our
California Consumers for our operational purposes where the use of such personal
information is reasonably necessary and proportionate to achieve the operational
purpose for which the personal information was collected or processed or for
another operational purpose that is compatible with the context in which the
personal information was collected.
How We Share and Disclose Your Information
We share the information collected from and about you as discussed above for
various business purposes. The chart below explains the categories of
information that we may share with other parties and the categories of those
parties.

Other Parties with which we share information and whyCategories of information
sharedOur Affiliates. We may share information we collect within our family of
companies to deliver products and services to you, and enhance our products,
services, and your customer experience.All categories of information we collect
may be shared with our affiliatesService Providers that perform services on our
behalf: including billing and payment processing, sales, marketing, advertising,
data analysis and insight, research, technical support and customer service,
data storage, security, fraud prevention, and legal services.All categories of
information we collect may be shared with our service providersOther
Individuals, Services, and Vendors at Your Request. We will share your
information with other businesses and services at your request. For example, if
you direct us to communicate information to one of your vendors.Contact and
account registrationDemographic and statistical informationCommunications with
event vendorsGeolocationOther InformationThird Party Partners for Marketing
Purposes. We may share your information with partners whose offerings we think
may interest you. For example, if you participate in co-sponsored promotions,
then we may share information with our affiliates and other third parties for
their marketing and other purposes.Contact and account registrationDemographic
and statistical informationThird Party Partners to Provide Co-Branded Products
and Services. In some cases, we may share information with third-party partners
to provide co-branded products or services (e.g., co-sponsored
promotions).Contact and account registrationDemographic and statistical
informationGeolocationOther Parties for Legal Purposes. By using the Services,
you acknowledge and agree that we may access, retain, and disclose the
information we collect and maintain about you if required to do so by law or in
a good faith belief that such access, retention or disclosure is reasonably
necessary to: (a) comply with legal process or a regulatory investigation (e.g.
a subpoena or court order); (b) enforce our Terms and Conditions, this Privacy
Policy, or other contracts with you, including investigation of potential
violations thereof; (c) respond to claims that any content violates the rights
of third parties; and/or (d) protect our rights, property or personal safety, or
that of our agents and affiliates, our users and/or the public. This includes
exchanging information with other companies and organizations for information
security, fraud protection, spam/malware prevention, and similar purposes.All
categories of information we collect may be shared as necessaryOther Parties in
a Business Transaction. We may disclose information in connection with an actual
or contemplated corporate transaction, including for example a merger,
investment, acquisition, reorganization, consolidation, bankruptcy, liquidation,
or sale of some or all of our assets.All categories of information we collect
may be shared as necessaryThird-Party Online Advertisers and Ad Networks. As
discussed in the “Third Party Tools / Analytics on the Website” Section of our
Privacy Policy, the Services may rely on third-party advertising technologies
that allow for the delivery of relevant content and advertising on the Services,
as well as on other websites you visit and other applications you use, and these
technologies will collect certain information from your use of the Services to
assist in delivering such ads.IdentifiersDevice information and device
identifiersConnection and usage dataGeolocation

The CCPA sets forth certain obligations for businesses that “sell” personal
information. Based on the definition of “sell” under the CCPA and under current
regulatory guidance, we do not believe we engage in such activity and have not
engaged in such activity in the past twelve months. Instead, we limit our
sharing of information as set forth in the “How does Branch Share Information?”
section of this Privacy Policy, and to allow third parties to collect certain
information about your activity for limited purposes, for example through
cookies, as explained in the “Third-Party Tools / Analytics on the Website”
section of our Privacy Policy.
California Rights and Choices
Without being discriminated against for exercising these rights, California
residents have the right to request that we disclose what personal information
we collect about you and to delete that information, subject to certain
restrictions. You also have the right to designate an agent to exercise these
rights on your behalf. This section describes how to exercise those rights and
our process for handling those requests. To the extent permitted by applicable
law, we may charge a reasonable fee to comply with your request.
Right to request access to your personal information
California residents have the right to request that we disclose what categories
of your personal information that we collect, use, or sell. You may also request
the specific pieces of personal information that we have collected from you.
However, we may withhold some personal information as permitted under applicable
law. For example, to protect your security, we may withhold your account
password from the information provided in response to a request for the specific
pieces of personal information that we have collected about you.
Right to request deletion of your personal information
You may also request that we delete any personal information that we collected
from you. However, we may retain personal information necessary to (a) protect
our business, systems, and users from fraudulent activity, (b) to address
technical issues that impair existing functionality, (c) necessary for us, or
others, to exercise their free speech or other rights, (d) comply with law
enforcement requests pursuant to lawful process, (e) for our own internal
purposes reasonably related to your relationship with us, or to comply with
legal obligations. Additionally, we need certain types of information so that we
can provide our Services to you. If you ask us to delete it, you may no longer
be able to access or use our Services.
How to exercise your access and deletion rights
Subject to restrictions under applicable law, California residents may exercise
their California privacy rights by submitting your request to us, or by
contacting us at privacy@branch.io.
For security purposes, when you request to exercise your California privacy
rights we will verify your identity. Once we have verified your identity (and
your agent, as applicable), we will respond to your request as appropriate:
 * Transparency. Where you have requested the categories of personal information
   that we have collected about you, we will direct you to the sections of our
   Privacy Policy relevant to your request.
 * Access. Where you have requested specific pieces of personal information, we
   will provide the information you have requested, except where not permitted
   under applicable law or otherwise exempted by the CCPA.
 * Deletion. Where you have requested that we delete personal information that
   we have collected from you, we will delete any information about you that is
   not necessary for the purposes indicated above. Upon completion, we will send
   you a notice confirming that we deleted the information we collected from
   you. Certain information may be exempt from such requests under applicable
   law.

If we are unable to complete your requests fully for any of the reasons above,
we will provide you additional information about the reasons that we could not
comply with your request.
Right to nondiscrimination
We will not deny, charge different prices for, or provide a different level of
quality of goods or services if you choose to exercise these rights.
Authorized Agents
You may also designate an agent to make requests to exercise your rights under
CCPA as described above. We will take steps both to verify the identity of the
person seeking to exercise their rights as listed above, and to verify that your
agent has been authorized to make a request on your behalf (e.g. through
providing us with a signed written authorization or a copy of a power of
attorney).
Submitting CCPA Requests
For our Website: If you are a California Consumer, please submit a CCPA request
here, or contact us at privacy@branch.io. To protect your privacy and maintain
security, we take steps to verify your identity before granting you access to
your personal information or complying with your request. To the extent
permitted by applicable law, we may charge a reasonable fee to comply with your
request.
Requests from Our Client’s Users: Because Branch is a service provider that
processes data on behalf of its Clients, any requests from Users who are
California residents seeking to exercise their rights of access and deletion
under the CCPA must be provided to Branch by a Client. Clients can notify Branch
of these requests here.










DATA SUBJECT RIGHTS - EU

Version Version 3.1  (Current) Version 3.0 Version 2.0 Version 1.1 Version 1.0

EFFECTIVE APRIL 7, 2023

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RIGHTS FOR RESIDENTS OF THE EUROPEAN ECONOMIC AREA AND UNITED KINGDOM

Top

Services: Because Branch is a vendor (acting as a data processor) that processes
data on behalf of its Clients (acting as data controllers), any requests
relating to European and United Kingdom Users’ exercise of their Personal Data
rights under the European General Data Protection Regulation, or equivalent
requirements in the United Kingdom including the Data Protection Act 2018 and
the United Kingdom General Data Protection Regulation, must be provided to
Branch by a Client. Clients can notify Branch of these requests here.
Moreover, Branch supports functionality to allow Clients to respect granular
controls regarding User data privacy rights. Clients can flag in the Branch SDK
that a particular User has requested that their data not be processed by Branch,
in which case Branch will no longer process engagement data on behalf of the
Client for that User.
Website and Business Contacts: Under applicable law, Branch is the data
controller of Personal Data we collect from the Website and from offline sources
and vendors for marketing purposes. The laws of some jurisdictions such as the
laws of the European Economic Area and the United Kingdom require data
controllers to tell you about the legal ground that they rely on for using,
sharing, or disclosing of your information. To the extent those laws apply, our
legal grounds are as follows:
 * Contractual Commitments: We may use, share, or disclose information to honor
   our contractual commitments to you. For example, we will process your
   Personal Data to comply with our agreements with you, and to honor our
   commitments in any contracts that we have with you.
 * With Your Consent: Where required by law, and in some other cases, we use,
   share, or disclose information on the basis of your consent.
 * Legitimate Interests: In many cases, we use, share, or disclose information
   on the ground that it furthers our legitimate business interests in ways that
   are not overridden by the interests or fundamental rights and freedoms of the
   affected individuals, such as customer service, certain promotional
   activities, analyzing and improving our business, providing security for the
   Services, preventing fraud, and managing legal issues.
 * Legal Compliance: We need to use, share, and disclose information in certain
   ways to comply with our legal obligations.

Website Users and others who are residents of the European Economic Area or
United Kingdom may (1) seek confirmation regarding whether Branch is processing
Personal Data about you, (2) request access to such data, (3) ask that we
correct, amend, or delete it where it is inaccurate, (4) ask us to restrict how
we process and disclose certain of your Personal Data, (5) transfer your
Personal Data to another party, or (6) revoke consent for the processing of your
Personal Data (if your consent is the legal basis we rely on to process your
Personal Data).
You can submit such requests at https://privacy.branch.io/hc/en-us/requests/new,
which will be processed in line with applicable law. Although we make good faith
efforts to provide you with access to your Personal Data, there may be
circumstances in which we are unable to provide access, including but not
limited to: where the information contains legal privilege, would compromise
others’ privacy or other legitimate rights, where the burden or expense of
providing access would be disproportionate to the risks to your privacy in the
case in question, or where it is commercially proprietary. To protect your
privacy, we will take commercially reasonable steps to verify your identity
before granting access to or making any changes to your Personal Data.
Residents of the European Economic Area and United Kingdom have the right to
file a complaint regarding their Personal Data directly with the appropriate
data protection authority. For information on who those parties are and how they
can be reached please go to
http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
for EU residents and https://ico.org.uk/ for residents of the United Kingdom.

EFFECTIVE JANUARY 1, 2023  TO  APRIL 7, 2023

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RIGHTS FOR RESIDENTS OF THE EUROPEAN ECONOMIC AREA AND UNITED KINGDOM

Top

Services: Because Branch is a vendor (acting as a data processor) that processes
data on behalf of its Clients (acting as data controllers), any requests
relating to European and United Kingdom Users’ exercise of their Personal Data
rights under the European General Data Protection Regulation, or equivalent
requirements in the United Kingdom including the Data Protection Act 2018 and
the United Kingdom General Data Protection Regulation, must be provided to
Branch by a Client. Clients can notify Branch of these requests here.
Moreover, Branch supports functionality to allow Clients to respect granular
controls regarding User data privacy rights. Clients can flag in the Branch SDK
that a particular User has requested that their data not be processed by Branch,
in which case Branch will no longer process engagement data on behalf of the
Client for that User.
Website and Business Contacts: Under applicable law, Branch is the data
controller of Personal Data we collect from the Website and from offline sources
and vendors for marketing purposes. The laws of some jurisdictions such as the
laws of the European Economic Area and the United Kingdom require data
controllers to tell you about the legal ground that they rely on for using,
sharing, or disclosing of your information. To the extent those laws apply, our
legal grounds are as follows:
 * Contractual Commitments: We may use, share, or disclose information to honor
   our contractual commitments to you. For example, we will process your
   Personal Data to comply with our agreements with you, and to honor our
   commitments in any contracts that we have with you.
 * With Your Consent: Where required by law, and in some other cases, we use,
   share, or disclose information on the basis of your consent.
 * Legitimate Interests: In many cases, we use, share, or disclose information
   on the ground that it furthers our legitimate business interests in ways that
   are not overridden by the interests or fundamental rights and freedoms of the
   affected individuals, such as customer service, certain promotional
   activities, analyzing and improving our business, providing security for the
   Services, preventing fraud, and managing legal issues.
 * Legal Compliance: We need to use, share, and disclose information in certain
   ways to comply with our legal obligations.

Website Users and others who are residents of the European Economic Area or
United Kingdom may (1) seek confirmation regarding whether Branch is processing
Personal Data about you, (2) request access to such data, (3) ask that we
correct, amend, or delete it where it is inaccurate, (4) ask us to restrict how
we process and disclose certain of your Personal Data, (5) transfer your
Personal Data to another party, or (6) revoke consent for the processing of your
Personal Data (if your consent is the legal basis we rely on to process your
Personal Data).
You can submit such requests at https://privacy.branch.io/hc/en-us/requests/new,
which will be processed in line with applicable law. Although we make good faith
efforts to provide you with access to your Personal Data, there may be
circumstances in which we are unable to provide access, including but not
limited to: where the information contains legal privilege, would compromise
others’ privacy or other legitimate rights, where the burden or expense of
providing access would be disproportionate to the risks to your privacy in the
case in question, or where it is commercially proprietary. To protect your
privacy, we will take commercially reasonable steps to verify your identity
before granting access to or making any changes to your Personal Data.
Residents of the European Economic Area and United Kingdom have the right to
file a complaint regarding their Personal Data directly with the appropriate
data protection authority. For information on who those parties are and how they
can be reached please go to
http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
for EU residents and https://ico.org.uk/ for residents of the United Kingdom.

EFFECTIVE DECEMBER 29, 2022  TO  JANUARY 1, 2023

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TABLE OF CONTENTS

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Rights For Residents of the European Economic Area and United Kingdom




Services: Because Branch is a vendor (acting as a data processor) that processes
data on behalf of its Clients (acting as data controllers), any requests
relating to European and United Kingdom Users’ exercise of their Personal Data
rights under the European General Data Protection Regulation, or equivalent
requirements in the United Kingdom including the Data Protection Act 2018 and
the United Kingdom General Data Protection Regulation, must be provided to
Branch by a Client. Clients can notify Branch of these requests here.

Moreover, Branch supports functionality to allow Clients to respect granular
controls regarding User data privacy rights. Clients can flag in the Branch SDK
that a particular User has requested that their data not be processed by Branch,
in which case Branch will no longer process engagement data on behalf of the
Client for that User.

Website and Business Contacts: Under applicable law, Branch is the data
controller of Personal Data we collect from the Website and from offline sources
and vendors for marketing purposes. The laws of some jurisdictions such as the
laws of the European Economic Area and the United Kingdom require data
controllers to tell you about the legal ground that they rely on for using,
sharing, or disclosing of your information. To the extent those laws apply, our
legal grounds are as follows:

 * Contractual Commitments: We may use, share, or disclose information to honor
   our contractual commitments to you. For example, we will process your
   Personal Data to comply with our agreements with you, and to honor our
   commitments in any contracts that we have with you.
 * With Your Consent: Where required by law, and in some other cases, we use,
   share, or disclose information on the basis of your consent.
 * Legitimate Interests: In many cases, we use, share, or disclose information
   on the ground that it furthers our legitimate business interests in ways that
   are not overridden by the interests or fundamental rights and freedoms of the
   affected individuals, such as customer service, certain promotional
   activities, analyzing and improving our business, providing security for the
   Services, preventing fraud, and managing legal issues.
 * Legal Compliance: We need to use, share, and disclose information in certain
   ways to comply with our legal obligations.

Website Users and others who are residents of the European Economic Area or
United Kingdom may (1) seek confirmation regarding whether Branch is processing
Personal Data about you, (2) request access to such data, (3) ask that we
correct, amend, or delete it where it is inaccurate, (4) ask us to restrict how
we process and disclose certain of your Personal Data, (5) transfer your
Personal Data to another party, or (6) revoke consent for the processing of your
Personal Data (if your consent is the legal basis we rely on to process your
Personal Data).

You can submit such requests at https://privacy.branch.io/hc/en-us/requests/new,
which will be processed in line with applicable law. Although we make good faith
efforts to provide you with access to your Personal Data, there may be
circumstances in which we are unable to provide access, including but not
limited to: where the information contains legal privilege, would compromise
others’ privacy or other legitimate rights, where the burden or expense of
providing access would be disproportionate to the risks to your privacy in the
case in question, or where it is commercially proprietary. To protect your
privacy, we will take commercially reasonable steps to verify your identity
before granting access to or making any changes to your Personal Data.

Residents of the European Economic Area and United Kingdom have the right to
file a complaint regarding their Personal Data directly with the appropriate
data protection authority. For information on who those parties are and how they
can be reached please go to
http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
for EU residents and https://ico.org.uk/ for residents of the United Kingdom.






EFFECTIVE OCTOBER 11, 2022  TO  DECEMBER 29, 2022

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TABLE OF CONTENTS

--------------------------------------------------------------------------------

Rights For Residents of the European Economic Area and United Kingdom
Top
Services: Because Branch is a service provider (acting as a data processor) that
processes data on behalf of its Clients (acting as data controllers), any
requests relating to European and United Kingdom Users’ exercise of their
Personal Data rights under the European General Data Protection Regulation, or
equivalent requirements in the United Kingdom including the Data Protection Act
2018 and the United Kingdom General Data Protection Regulation, must be provided
to Branch by a Client. Clients can notify Branch of these requests here.
Moreover, Branch supports functionality to allow Clients to respect granular
controls regarding User data privacy rights. Clients can flag in the Branch SDK
that a particular User has requested that their data not be processed by Branch,
in which case Branch will no longer process engagement data on behalf of the
Client for that User.
Website and Business Contacts: Under applicable law, Branch is the data
controller of Personal Data we collect from the Website and from offline sources
and service providers for marketing purposes. Website Users and others who are
residents of the European Economic Area or United Kingdom may (1) seek
confirmation regarding whether Branch is processing Personal Data about you, (2)
request access to such data, (3) ask that we correct, amend, or delete it where
it is inaccurate, (4) ask us to restrict how we process and disclose certain of
your Personal Data, (5) transfer your Personal Data to a third party, or (6)
revoke consent for the processing of your Personal Data (if your consent is the
legal basis we rely on to process your Personal Data).
You can submit such requests at https://privacy.branch.io/hc/en-us/requests/new,
which will be processed in line with applicable law. Although we make good faith
efforts to provide you with access to your Personal Data, there may be
circumstances in which we are unable to provide access, including but not
limited to: where the information contains legal privilege, would compromise
others’ privacy or other legitimate rights, where the burden or expense of
providing access would be disproportionate to the risks to your privacy in the
case in question, or where it is commercially proprietary. To protect your
privacy, we will take commercially reasonable steps to verify your identity
before granting access to or making any changes to your Personal Data.
Residents of the European Economic Area and United Kingdom have the right to
file a complaint regarding their Personal Data directly with the appropriate
data protection authority. For information on who those parties are and how they
can be reached please go to
http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
for EU residents and https://ico.org.uk/ for residents of the United Kingdom.





EFFECTIVE JUNE 1, 2022  TO  OCTOBER 11, 2022

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--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------

Rights For Residents of the European Economic Area and United Kingdom
Services: Because Branch is a service provider (acting as a data processor) that
processes data on behalf of its Clients (acting as data controllers), any
requests relating to European and United Kingdom Users’ exercise of their
Personal Data rights under the European General Data Protection Regulation, or
equivalent requirements in the United Kingdom including the Data Protection Act
2018 and the United Kingdom General Data Protection Regulation, must be provided
to Branch by a Client. Clients can notify Branch of these requests here.
Moreover, Branch supports functionality to allow Clients to respect granular
controls regarding User data privacy rights. Clients can flag in the Branch SDK
that a particular User has requested that their data not be processed by Branch,
in which case Branch will no longer process engagement data on behalf of the
Client for that User.
Website and Business Contacts: Under applicable law, Branch is the data
controller of Personal Data we collect from the Website and from offline sources
and service providers for marketing purposes. Website Users and others who are
residents of the European Economic Area or United Kingdom may (1) seek
confirmation regarding whether Branch is processing Personal Data about you, (2)
request access to such data, (3) ask that we correct, amend, or delete it where
it is inaccurate, (4) ask us to restrict how we process and disclose certain of
your Personal Data, (5) transfer your Personal Data to a third party, or (6)
revoke consent for the processing of your Personal Data (if your consent is the
legal basis we rely on to process your Personal Data).
You can submit such requests at https://privacy.branch.io/hc/en-us/requests/new,
which will be processed in line with applicable law. Although we make good faith
efforts to provide you with access to your Personal Data, there may be
circumstances in which we are unable to provide access, including but not
limited to: where the information contains legal privilege, would compromise
others’ privacy or other legitimate rights, where the burden or expense of
providing access would be disproportionate to the risks to your privacy in the
case in question, or where it is commercially proprietary. To protect your
privacy, we will take commercially reasonable steps to verify your identity
before granting access to or making any changes to your Personal Data.
Residents of the European Economic Area and United Kingdom have the right to
file a complaint regarding their Personal Data directly with the appropriate
data protection authority. For information on who those parties are and how they
can be reached please go to
http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
for EU residents and https://ico.org.uk/ for residents of the United Kingdom.






DATA SUBJECT RIGHTS - LGPD

Version Version 3.1  (Current) Version 3.0 Version 2.0 Version 1.1 Version 1.0

EFFECTIVE APRIL 7, 2023

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DATA SUBJECT RIGHTS UNDER LEI GERAL DE PROTEÇÃO DE DADOS (“LGPD”)

Top

This supplemental privacy notice applies to personal data processing activities
in accordance with Brazilian data protection law. This notice supplements the
information in our Privacy Policy. Certain terms used below have the meanings
given to them in Lei Geral de Proteção de Dados (“LGPD”). If you have any
questions about this supplemental privacy notice, you can contact our Data
Protection Officer, Cathleen Hartge, at privacy@branch.io.
Services: Because Branch is a vendor that processes data on behalf of its
Clients, any requests relating to Brazilian Users’ exercise of their rights
under LGPD must be provided to Branch by a Client. Clients can notify Branch of
these requests here.
Moreover, Branch supports functionality to allow Clients to respect granular
controls regarding User data privacy rights. Clients can flag in the Branch SDK
that a particular User has requested that their data not be processed by Branch,
in which case Branch will no longer process engagement data on behalf of the
Client for that User.
Website: Under applicable law, Branch is the data controller of Personal Data we
collect from the Website. If you are a Website User who is a resident of Brazil,
you may have certain rights under LGPD. Brazilian law may permit you to request
that we: confirm whether we process your data; provide access to and/or a copy
of certain information we hold about you; correct incomplete, inaccurate and
outdated data; anonymize, block or delete data that is unnecessary, excessive or
not being processed in accordance with Brazilian data protection law; port your
personal data to another service or product vendor; delete personal data
processed with your consent, when applicable; provide you with information
regarding the public and private entities to which we disclose data; provide you
with information about the possibility of withdrawing consent and the
consequences of such withdrawal, where applicable; and / or withdraw your
consent.
You can submit such requests at https://privacy.branch.io/hc/en-us/requests/new,
which will be processed in line with applicable law. To protect your privacy, we
will take commercially reasonable steps to verify your identity before granting
access to or making any changes to your Personal Data.

EFFECTIVE JANUARY 1, 2023  TO  APRIL 7, 2023

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--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------


DATA SUBJECT RIGHTS UNDER LEI GERAL DE PROTEÇÃO DE DADOS (“LGPD”)

Top

This supplemental privacy notice applies to personal data processing activities
in accordance with Brazilian data protection law. This notice supplements the
information in our Privacy Policy. Certain terms used below have the meanings
given to them in Lei Geral de Proteção de Dados (“LGPD”). If you have any
questions about this supplemental privacy notice, you can contact our Data
Protection Officer, Cathleen Hartge, at privacy@branch.io.
Services: Because Branch is a vendor that processes data on behalf of its
Clients, any requests relating to Brazilian Users’ exercise of their rights
under LGPD must be provided to Branch by a Client. Clients can notify Branch of
these requests here.
Moreover, Branch supports functionality to allow Clients to respect granular
controls regarding User data privacy rights. Clients can flag in the Branch SDK
that a particular User has requested that their data not be processed by Branch,
in which case Branch will no longer process engagement data on behalf of the
Client for that User.
Website: Under applicable law, Branch is the data controller of Personal Data we
collect from the Website. If you are a Website User who is a resident of Brazil,
you may have certain rights under LGPD. Brazilian law may permit you to request
that we: confirm whether we process your data; provide access to and/or a copy
of certain information we hold about you; correct incomplete, inaccurate and
outdated data; anonymize, block or delete data that is unnecessary, excessive or
not being processed in accordance with Brazilian data protection law; port your
personal data to another service or product vendor; delete personal data
processed with your consent, when applicable; provide you with information
regarding the public and private entities to which we disclose data; provide you
with information about the possibility of withdrawing consent and the
consequences of such withdrawal, where applicable; and / or withdraw your
consent.
You can submit such requests at https://privacy.branch.io/hc/en-us/requests/new,
which will be processed in line with applicable law. To protect your privacy, we
will take commercially reasonable steps to verify your identity before granting
access to or making any changes to your Personal Data.

EFFECTIVE DECEMBER 29, 2022  TO  JANUARY 1, 2023

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--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------

Data Subject Rights under Lei Geral de Proteção de Dados (“LGPD”)






This supplemental privacy notice applies to personal data processing activities
in accordance with Brazilian data protection law. This notice supplements the
information in our Privacy Policy. Certain terms used below have the meanings
given to them in Lei Geral de Proteção de Dados (“LGPD”). If you have any
questions about this supplemental privacy notice, you can contact our Data
Protection Officer, Cathleen Hartge, at privacy@branch.io.

Services: Because Branch is a vendor that processes data on behalf of its
Clients, any requests relating to Brazilian Users’ exercise of their rights
under LGPD must be provided to Branch by a Client. Clients can notify Branch of
these requests here.

Moreover, Branch supports functionality to allow Clients to respect granular
controls regarding User data privacy rights. Clients can flag in the Branch SDK
that a particular User has requested that their data not be processed by Branch,
in which case Branch will no longer process engagement data on behalf of the
Client for that User.

Website: Under applicable law, Branch is the data controller of Personal Data we
collect from the Website. If you are a Website User who is a resident of Brazil,
you may have certain rights under LGPD. Brazilian law may permit you to request
that we: confirm whether we process your data; provide access to and/or a copy
of certain information we hold about you; correct incomplete, inaccurate and
outdated data; anonymize, block or delete data that is unnecessary, excessive or
not being processed in accordance with Brazilian data protection law; port your
personal data to another service or product vendor; delete personal data
processed with your consent, when applicable; provide you with information
regarding the public and private entities to which we disclose data; provide you
with information about the possibility of withdrawing consent and the
consequences of such withdrawal, where applicable; and / or withdraw your
consent.

You can submit such requests at https://privacy.branch.io/hc/en-us/requests/new,
which will be processed in line with applicable law. To protect your privacy, we
will take commercially reasonable steps to verify your identity before granting
access to or making any changes to your Personal Data.







EFFECTIVE OCTOBER 11, 2022  TO  DECEMBER 29, 2022

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--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------

Data Subject Rights under Lei Geral de Proteção de Dados (“LGPD”)
Top
This supplemental privacy notice applies to personal data processing activities
in accordance with Brazilian data protection law. This notice supplements the
information in our Privacy Policy. Certain terms used below have the meanings
given to them in Lei Geral de Proteção de Dados (“LGPD”). If you have any
questions about this supplemental privacy notice, you can contact our Data
Protection Officer, Cathleen Hartge, at privacy@branch.io.
Services: Because Branch is a service provider that processes data on behalf of
its Clients, any requests relating to Brazilian Users’ exercise of their rights
under LGPD must be provided to Branch by a Client. Clients can notify Branch of
these requests here.
Moreover, Branch supports functionality to allow Clients to respect granular
controls regarding User data privacy rights. Clients can flag in the Branch SDK
that a particular User has requested that their data not be processed by Branch,
in which case Branch will no longer process engagement data on behalf of the
Client for that User.
Website: Under applicable law, Branch is the data controller of Personal Data we
collect from the Website. If you are a Website User who is a resident of Brazil,
you may have certain rights under LGPD. Brazilian law may permit you to request
that we: confirm whether we process your data; provide access to and/or a copy
of certain information we hold about you; correct incomplete, inaccurate and
outdated data; anonymize, block or delete data that is unnecessary, excessive or
not being processed in accordance with Brazilian data protection law; port your
personal data to another service or product vendor; delete personal data
processed with your consent, when applicable; provide you with information
regarding the public and private entities with which we share data; provide you
with information about the possibility of withdrawing consent and the
consequences of such withdrawal, where applicable; and / or withdraw your
consent.
You can submit such requests at https://privacy.branch.io/hc/en-us/requests/new,
which will be processed in line with applicable law. To protect your privacy, we
will take commercially reasonable steps to verify your identity before granting
access to or making any changes to your Personal Data.



EFFECTIVE JUNE 1, 2022  TO  OCTOBER 11, 2022

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--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------

Data Subject Rights under Lei Geral de Proteção de Dados (“LGPD”)
This supplemental privacy notice applies to personal data processing activities
in accordance with Brazilian data protection law. This notice supplements the
information in our Privacy Policy. Certain terms used below have the meanings
given to them in Lei Geral de Proteção de Dados (“LGPD”). If you have any
questions about this supplemental privacy notice, you can contact our Data
Protection Officer, Cathleen Hartge, at privacy@branch.io.
Services: Because Branch is a service provider that processes data on behalf of
its Clients, any requests relating to Brazilian Users’ exercise of their rights
under LGPD must be provided to Branch by a Client. Clients can notify Branch of
these requests here.
Moreover, Branch supports functionality to allow Clients to respect granular
controls regarding User data privacy rights. Clients can flag in the Branch SDK
that a particular User has requested that their data not be processed by Branch,
in which case Branch will no longer process engagement data on behalf of the
Client for that User.
Website: Under applicable law, Branch is the data controller of Personal Data we
collect from the Website. If you are a Website User who is a resident of Brazil,
you may have certain rights under LGPD. Brazilian law may permit you to request
that we: confirm whether we process your data; provide access to and/or a copy
of certain information we hold about you; correct incomplete, inaccurate and
outdated data; anonymize, block or delete data that is unnecessary, excessive or
not being processed in accordance with Brazilian data protection law; port your
personal data to another service or product vendor; delete personal data
processed with your consent, when applicable; provide you with information
regarding the public and private entities with which we share data; provide you
with information about the possibility of withdrawing consent and the
consequences of such withdrawal, where applicable; and / or withdraw your
consent.
You can submit such requests at https://privacy.branch.io/hc/en-us/requests/new,
which will be processed in line with applicable law. To protect your privacy, we
will take commercially reasonable steps to verify your identity before granting
access to or making any changes to your Personal Data.




MODERN SLAVERY AND HUMAN TRAFFICKING STATEMENT

Version Version 2.0  (Current) Version 1.1 Version 1.0

EFFECTIVE FEBRUARY 15, 2023

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Branch Metrics Modern Slavery and Human Trafficking Statement



PURPOSE OF THIS STATEMENT

This statement is made by Branch Metrics, Inc. and its subsidiaries
(collectively, “Branch,” “us,” “we” or “our”) pursuant to section 54(1) of the
United Kingdom Modern Slavery Act 2015.


INTRODUCTION

Branch is committed to providing a fair and ethical workplace and operating its
business in a socially responsible way that supports the protection of human
rights globally. We respect the standards embodied in the Universal Declaration
of Human Rights and the International Labour Organization conventions.
Specifically, Branch is strongly opposed to slavery and human trafficking and
will not knowingly support or conduct business with any organization involved in
such activities.


OUR BUSINESS ACTIVITIES AND ORGANIZATION

Branch provides the leading mobile linking platform, with solutions that unify
user experience and measurement across different devices, platforms, and
channels. Top brands use Branch to grow their business, improve their customer
experience, and measure and optimize campaign performance. We are a Delaware
corporation headquartered in Palo Alto, California with subsidiaries and
operations around the world, including the United Kingdom. More information
about us can be found at branch.io.
Our key suppliers are primarily based in the United States and are typically in
the fields of technology, data, office and facilities, and professional advisory
services. We only use reputable providers of goods and services. Based on the
geography of our business and suppliers, the industry in which we operate, and
the structure of our business, there is a low risk of slavery and human
trafficking taking place within our supply chain. However, we remain vigilant
against the risk of human trafficking and any form of slavery and take steps to
assess and manage that risk.



RELEVANT POLICIES AND PROCESSES

Our Global Code of Conduct applies to all employees, officers, directors,
independent contractors, contingent workers and other service providers and
helps to ensure that we are conducting business in an ethical and transparent
manner. All Personnel are expected to read and comply with our Global Code of
Conduct. Our Global Code of Conduct requires, among other things, that our
personnel not engage in any unlawful activity in conducting our business or in
performing their day-to-day duties. In addition, Branch is committed to acting
in accordance with applicable law and requests its suppliers and partners to
maintain at least the same standards by complying with Branch’s Supplier Code Of
Conduct (“Supplier Code”). The Supplier Code encompasses compliance with all
applicable laws, which includes the UK Modern Slavery Act.
Branch also has a robust employee recruitment process, effectively attracting,
training, and integrating a large number of new employees, including conducting,
where permitted and in compliance with applicable law, background and
eligibility to work in the country of employment checks for all employees to
safeguard against human trafficking or individuals being forced to work against
their will.


CONTINUING ACTION TO ADDRESS MODERN SLAVERY

Branch is committed to continuing to improve its operational and management
systems and controls to combat slavery and human trafficking by, among other
actions, conducting additional risk-based due diligence prior to supplier
onboarding and continually assessing and improving the effectiveness of our
ethics and compliance programs.
This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015
and constitutes Branch's slavery and human trafficking statement for the
financial year ending December 31, 2022. This statement was approved by the
Board of Directors of Branch Metrics, Inc. on January 25, 2023.

Alex Austin
Chief Executive Officer
Branch Metrics, Inc.

EFFECTIVE JANUARY 1, 2023  TO  FEBRUARY 15, 2023

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BRANCH METRICS MODERN SLAVERY AND HUMAN TRAFFICKING STATEMENT


PURPOSE OF THIS STATEMENT

This statement is made by Branch Metrics, Inc. and its subsidiaries
(collectively, “Branch,” “us,” “we” or “our”) pursuant to section 54(1) of the
United Kingdom Modern Slavery Act 2015.


INTRODUCTION

Branch is committed to providing a fair and ethical workplace and operating its
business in a socially responsible way that supports the protection of human
rights globally. We respect the standards embodied in the Universal Declaration
of Human Rights and the International Labour Organization conventions.
Specifically, Branch is strongly opposed to slavery and human trafficking and
will not knowingly support or conduct business with any organization involved in
such activities.


OUR BUSINESS ACTIVITIES AND ORGANIZATION

Branch provides the leading mobile linking platform, with solutions that unify
user experience and measurement across different devices, platforms, and
channels. Top brands use Branch to grow their business, improve their customer
experience, and measure and optimize campaign performance. We are a Delaware
corporation headquartered in Palo Alto, California with subsidiaries and
operations around the world, including the United Kingdom. More information
about us can be found at branch.io.
Our key suppliers are primarily based in the United States and are typically in
the fields of technology, data, office and facilities, and professional advisory
services. We only use reputable providers of goods and services. Based on the
geography of our business and suppliers, the industry in which we operate, and
the structure of our business, there is a low risk of slavery and human
trafficking taking place within our supply chain. However, we remain vigilant
against the risk of human trafficking and any form of slavery and take steps to
assess and manage that risk.


RELEVANT POLICIES AND PROCESSES

Our Global Code of Conduct applies to all employees, officers, directors,
independent contractors, contingent workers and other service providers and
helps to ensure that we are conducting business in an ethical and transparent
manner. All Personnel are expected to read and comply with our Global Code of
Conduct. Our Global Code of Conduct requires, among other things, that our
personnel not engage in any unlawful activity in conducting our business or in
performing their day-to-day duties.
Branch also has a robust employee recruitment process, effectively attracting,
training, and integrating a large number of new employees, including conducting,
where permitted and in compliance with applicable law, background and
eligibility to work in the country of employment checks for all employees to
safeguard against human trafficking or individuals being forced to work against
their will.


CONTINUING ACTION TO ADDRESS MODERN SLAVERY

Branch is committed to continuing to improve its operational and management
systems and controls to combat slavery and human trafficking by, among other
actions, conducting additional risk-based due diligence prior to supplier
onboarding and continually assessing and improving the effectiveness of our
ethics and compliance programs.
This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015
and constitutes Branch's slavery and human trafficking statement for the
financial year ending December 31, 2021. This statement was approved by the
Board of Directors of Branch Metrics, Inc. on August 9, 2022.
Mike Molinet
Chief Operating Officer
Branch Metrics, Inc.

Date: June 6, 2022

EFFECTIVE OCTOBER 28, 2022  TO  JANUARY 1, 2023

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BRANCH METRICS MODERN SLAVERY AND HUMAN TRAFFICKING STATEMENT

PURPOSE OF THIS STATEMENT



This statement is made by Branch Metrics, Inc. and its subsidiaries
(collectively, “Branch,” “us,” “we” or “our”) pursuant to section 54(1) of the
United Kingdom Modern Slavery Act 2015.

INTRODUCTION



Branch is committed to providing a fair and ethical workplace and operating its
business in a socially responsible way that supports the protection of human
rights globally. We respect the standards embodied in the Universal Declaration
of Human Rights and the International Labour Organization conventions.
Specifically, Branch is strongly opposed to slavery and human trafficking and
will not knowingly support or conduct business with any organization involved in
such activities.

OUR BUSINESS ACTIVITIES AND ORGANIZATION



Branch provides the leading mobile linking platform, with solutions that unify
user experience and measurement across different devices, platforms, and
channels. Top brands use Branch to grow their business, improve their customer
experience, and measure and optimize campaign performance. We are a Delaware
corporation headquartered in Palo Alto, California with subsidiaries and
operations around the world, including the United Kingdom. More information
about us can be found at branch.io.
Our key suppliers are primarily based in the United States and are typically in
the fields of technology, data, office and facilities, and professional advisory
services. We only use reputable providers of goods and services. Based on the
geography of our business and suppliers, the industry in which we operate, and
the structure of our business, there is a low risk of slavery and human
trafficking taking place within our supply chain. However, we remain vigilant
against the risk of human trafficking and any form of slavery and take steps to
assess and manage that risk.

RELEVANT POLICIES AND PROCESSES



Our Global Code of Conduct applies to all employees, officers, directors,
independent contractors, contingent workers and other service providers and
helps to ensure that we are conducting business in an ethical and transparent
manner. All Personnel are expected to read and comply with our Global Code of
Conduct. Our Global Code of Conduct requires, among other things, that our
personnel not engage in any unlawful activity in conducting our business or in
performing their day-to-day duties.
Branch also has a robust employee recruitment process, effectively attracting,
training, and integrating a large number of new employees, including conducting,
where permitted and in compliance with applicable law, background and
eligibility to work in the country of employment checks for all employees to
safeguard against human trafficking or individuals being forced to work against
their will.

CONTINUING ACTION TO ADDRESS MODERN SLAVERY



Branch is committed to continuing to improve its operational and management
systems and controls to combat slavery and human trafficking by, among other
actions, conducting additional risk-based due diligence prior to supplier
onboarding and continually assessing and improving the effectiveness of our
ethics and compliance programs.
This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015
and constitutes Branch's slavery and human trafficking statement for the
financial year ending December 31, 2021. This statement was approved by the
Board of Directors of Branch Metrics, Inc. on August 9, 2022.
Mike Molinet
Chief Operating Officer
Branch Metrics, Inc.

Date: June 6, 2022




NATIVE COMPUTE LIBRARY

Version Version 2.0  (Current) Version 1.0

EFFECTIVE JANUARY 1, 2023

Download

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TABLE OF CONTENTS

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BRANCH METRICS, INC. SOFTWARE LICENSE TERMS


BRANCH NATIVE COMPUTE SDK LIBRARY (HEREINAFTER REFERRED TO AS THE “SOFTWARE”)

These terms are an agreement between you and Branch Metrics, Inc. ("Branch").
They apply to the software named above. The software includes, but is not
limited to SDK, content, visual interfaces, interactive features, information,
graphics, design, compilation, computer code, products, services, and all other
elements of the SDK and related documentation. The terms also apply to any
Branch services or updates for the software, except to the extent those have
different terms.
IF YOU COMPLY WITH THESE TERMS, YOU HAVE THE FOLLOWING LIMITED, NON-EXCLUSIVE,
NON-TRANSFERABLE, NON-SUBLICENSABLE, REVOCABLE RIGHTS BELOW. BY DOWNLOADING,
INSTALLING, OR OTHERWISE ACCESSING OR USING THE SOFTWARE, YOU AGREE THAT YOU
HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT
AGREE, YOU MAY NOT USE THE SOFTWARE.
 1.  INSTALLATION AND USE RIGHTS. You may install and use any number of copies
     of the software to develop and test your applications.
 2.  THIRD PARTY COMPONENTS. The software may include third party components
     with separate legal notices or governed by other agreements, as may be
     described in the third party notices file(s) accompanying the software.
 3.  ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
     1. DISTRIBUTABLE CODE. The software is comprised of Distributable Code.
        “Distributable Code” is code that you are permitted to distribute in
        applications you develop if you comply with the terms below.
        1. Right to Use and Distribute. You may copy and distribute the object
           code form of the software.
        2. Third Party Distribution. You may permit distributors of your
           applications to copy and distribute the Distributable Code as part of
           those applications
        3. Distribution Requirements. For any Distributable Code you distribute,
           you must (i) use the Distributable Code in your applications and not
           as a standalone distribution; (ii) require distributors and external
           end users to agree to terms that protect it at least as much as this
           agreement; and (iii) indemnify, defend, and hold harmless Branch from
           any claims, including attorneys’ fees, related to the distribution or
           use of your applications, except to the extent that any claim is
           based solely on the unmodified Distributable Code.
        4. Distribution Restrictions. You may not: (i) use Branch’s trademarks
           in your applications’ names or in a way that suggests your
           applications come from or are endorsed by Branch; or (ii) modify or
           distribute the source code of any Distributable Code so that any part
           of it becomes subject to an Excluded License. An “Excluded License”
           is one that requires, as a condition of use, modification or
           distribution of code, that (a) it be disclosed or distributed in
           source code form; or (b) others have the right to modify it.
 4.  DATA
     1. Data Collection. The software may collect information about you and your
        use of the software, and send that to Branch. Branch may use this
        information to provide services and improve our products and services.
        There are also features in the software that may enable you and Branch
        to collect data from users of your applications. If you use these
        features, you must comply with applicable law, including providing
        appropriate notices to users of your applications together with Branch’s
        Privacy Policy. Branch’s Privacy Policy is located at
        https://branch.io/policies/privacy-policy/. You can learn more about
        data collection and its use from the software documentation and Branch's
        Privacy Policy. Your use of the software operates as your consent to
        these practices
     2. b. Processing of Personal Data. To the extent Branch is a processor or
        subprocessor of personal data in connection with the software, Branch
        makes the commitments with respect to data subjects as set forth in the
        “Rights For Residents of the European Economic Area and United Kingdom”
        section of Branch’s Privacy Policy to all customers effective May 25,
        2018, at
        https://branch.io/policies/data-subject-rights/#data-subject-rights-european-general-data-protection-regulation
        (or its successor URL).
 5.  SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
     gives you some rights to use the software. Branch reserves all other
     rights. Unless applicable law gives you more rights despite this
     limitation, you may use the software only as expressly permitted in this
     agreement. In doing so, you must comply with any technical limitations in
     the software that only allow you to use it in certain ways. You may not (i)
     work around any technical limitations in the software; (ii) reverse
     engineer, decompile or disassemble the software, or otherwise attempt to
     derive the source code for the software, except and to the extent required
     by third party licensing terms governing use of certain open source
     components that may be included in the software; (iii) remove, minimize,
     block or modify any notices of Branch or its suppliers in the software;
     (iv) use the software in any way that is against the law; or (v) share,
     publish, rent or lease the software, provide the software as a stand-alone
     offering for others to use, or transfer the software or this agreement to
     any third party.
 6.  FEEDBACK. If you provide Branch with any verbal or written comments, bug
     reports, feedback, enhancements, optimizations, or modifications proposed
     or suggested by you for the software ("Feedback"), such Feedback is
     provided on a non-confidential basis (notwithstanding any notice to the
     contrary you may include in any accompanying communication), and Branch
     shall have the right to use such Feedback at its discretion, including, but
     not limited to the incorporation of such suggested changes into the
     software. You hereby grant Branch a worldwide, perpetual, irrevocable,
     royalty-free, fully paid, transferable, sublicensable, non-exclusive right
     and license under all rights necessary to so incorporate, use, and exploit
     your Feedback in any manner, without restriction, for any purpose,
     including to make and sell Branch products and services.
 7.  RESERVATION OF RIGHTS. The software is owned by Branch and is licensed, not
     sold, to you. The software is protected by copyright, trade dress, patent,
     and trademark laws of the United States and other jurisdictions,
     international conventions, and all other relevant intellectual property and
     proprietary rights, and applicable laws. As between you and Branch, all
     aspects of the software, including intellectual property rights therein and
     thereto, are the sole and exclusive property of Branch or its subsidiaries
     or affiliated companies and/or its third-party licensors. You may not sell,
     license, distribute, copy, modify, publicly perform or display, transmit,
     publish, edit, adapt, create derivative works from, or make any use of the
     software except as expressly authorized hereunder. Branch reserves all
     rights not expressly granted in this agreement. You do not acquire any
     right, title or interest to the software, whether by implication, estoppel,
     or otherwise, except for the limited rights set forth in this agreement.
 8.  SOFTWARE EXPECTATIONS. The software: (i) is not an official product and has
     not been commercially released; (ii) may not be in final form or be fully
     functional; (iii) may contain errors, design flaws or other problems; (iv)
     may generate or produce inaccurate information or unexpected or incorrect
     results; (v) may cause loss of data or communications, project delays or
     other unpredictable damage or loss; (vi) may never be released as a
     commercial version; and (vii) may be discontinued by Branch in whole or in
     part, at any time and without any obligation or liability to you or your
     users. Use of the software may be conditional on your acceptance of
     additional terms and conditions accompanying the software. In the event of
     any conflict between this agreement and additional terms and conditions
     accompanying the software, the latter will govern and control unless
     expressly stated otherwise.
 9.  EXPORT RESTRICTIONS. You must comply with all domestic and international
     trade export laws and regulations that apply to the software, which include
     restrictions on destinations, end users, and end use. You represent that
     you are not named on any U.S. Government Consolidated Screening
     denied-party list which may be searched at:
     https://www.export.gov/article?id=Consolidated-Screening-List. You shall
     not permit any entity or individual to access or use the software who is
     listed on the Consolidated Screening List or located in a U.S.
     government-embargoed country, or known to be engaged in proliferation of
     nuclear, chemical or biological weapons or missiles, or otherwise in
     violation of any U.S. export law or regulation.
 10. SUPPORT SERVICES. Because this software is “as is,” Branch may not provide
     support services for it.
 11. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
     Internet-based services and support services that you use, are the entire
     agreement for the software and support services.
 12. APPLICABLE LAW. If you acquired the software in the United States,
     California law applies to interpretation of and claims for breach of this
     agreement, and the laws of the state where you live apply to all other
     claims. If you acquired the software in any other country, its laws apply.
 13. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain
     legal rights. You may have other rights, including consumer rights, under
     the laws of your state or country. Separate and apart from your
     relationship with Branch, you may also have rights with respect to the
     party from which you acquired the software. This agreement does not change
     those other rights if the laws of your state or country do not permit it to
     do so. For example, if you acquired the software in one of the below
     regions, or mandatory country law applies, then the following provisions
     apply to you:
     1. Australia. You have statutory guarantees under the Australian Consumer
        Law and nothing in this agreement is intended to affect those rights.
     2. Canada. If you acquired this software in Canada, the product
        documentation, if any, may specify how to update the software integrated
        into your digital properties.
     3. Germany and Austria.
        1. Warranty. The software will perform substantially as described in any
           Branch materials that accompany it. However, Branch gives no
           contractual guarantee in relation to the software.
        2. Limitation of Liability. In case of intentional conduct, gross
           negligence, claims based on the Product Liability Act, as well as in
           case of death or personal or physical injury, Branch is liable
           according to the statutory law. Subject to the foregoing clause (ii),
           Branch will only be liable for slight negligence if Branch is in
           breach of such material contractual obligations, the fulfillment of
           which facilitate the due performance of this agreement, the breach of
           which would endanger the purpose of this agreement and the compliance
           with which a party may constantly trust in (so-called "cardinal
           obligations"). In other cases of slight negligence, Branch will not
           be liable for slight negligence.
 14. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK
     OF USING IT. BRANCH GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.
     TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, BRANCH EXCLUDES THE IMPLIED
     WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
     NON-INFRINGEMENT.
 15. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM
     BRANCH AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $100.00. YOU CANNOT
     RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
     INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to (a) anything
     related to the software, services, content (including code) on third party
     Internet sites, or third party applications; and (b) claims for breach of
     contract, breach of warranty, guarantee or condition, strict liability,
     negligence, or other tort to the extent permitted by applicable law. It
     also applies even if Branch knew or should have known about the possibility
     of the damages. The above limitation or exclusion may not apply to you
     because your state or country may not allow the exclusion or limitation of
     incidental, consequential or other damages.

EFFECTIVE DECEMBER 6, 2022  TO  JANUARY 1, 2023

Download

--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------


BRANCH METRICS, INC. SOFTWARE LICENSE TERMS





BRANCH NATIVE COMPUTE SDK LIBRARY (HEREINAFTER REFERRED TO AS THE “SOFTWARE”)

These terms are an agreement between you and Branch Metrics, Inc. ("Branch").
They apply to the software named above. The software includes, but is not
limited to SDK, content, visual interfaces, interactive features, information,
graphics, design, compilation, computer code, products, services, and all other
elements of the SDK and related documentation. The terms also apply to any
Branch services or updates for the software, except to the extent those have
different terms.
IF YOU COMPLY WITH THESE TERMS, YOU HAVE THE FOLLOWING LIMITED, NON-EXCLUSIVE,
NON-TRANSFERABLE, NON-SUBLICENSABLE, REVOCABLE RIGHTS BELOW. BY DOWNLOADING,
INSTALLING, OR OTHERWISE ACCESSING OR USING THE SOFTWARE, YOU AGREE THAT YOU
HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT
AGREE, YOU MAY NOT USE THE SOFTWARE.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of
the software to develop and test your applications.
2. THIRD PARTY COMPONENTS. The software may include third party components with
separate legal notices or governed by other agreements, as may be described in
the third party notices file(s) accompanying the software.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

a. DISTRIBUTABLE CODE. The software is comprised of Distributable Code.
“Distributable Code” is code that you are permitted to distribute in
applications you develop if you comply with the terms below.
 1. Right to Use and Distribute. You may copy and distribute the object code
    form of the software.
    
    
 2. Third Party Distribution. You may permit distributors of your applications
    to copy and distribute the Distributable Code as part of those applications
    
    
 3. Distribution Requirements. For any Distributable Code you distribute, you
    must (i) use the Distributable Code in your applications and not as a
    standalone distribution; (ii) require distributors and external end users to
    agree to terms that protect it at least as much as this agreement; and (iii)
    indemnify, defend, and hold harmless Branch from any claims, including
    attorneys’ fees, related to the distribution or use of your applications,
    except to the extent that any claim is based solely on the unmodified
    Distributable Code.
    
    
 4. Distribution Restrictions. You may not: (i) use Branch’s trademarks in your
    applications’ names or in a way that suggests your applications come from or
    are endorsed by Branch; or (ii) modify or distribute the source code of any
    Distributable Code so that any part of it becomes subject to an Excluded
    License. An “Excluded License” is one that requires, as a condition of use,
    modification or distribution of code, that (a) it be disclosed or
    distributed in source code form; or (b) others have the right to modify it.




4. DATA

a. Data Collection. The software may collect information about you and your use
of the software, and send that to Branch. Branch may use this information to
provide services and improve our products and services. There are also features
in the software that may enable you and Branch to collect data from users of
your applications. If you use these features, you must comply with applicable
law, including providing appropriate notices to users of your applications
together with Branch’s Privacy Policy. Branch’s Privacy Policy is located at
https://branch.io/policies/privacy-policy/. You can learn more about data
collection and its use from the software documentation and Branch's Privacy
Policy. Your use of the software operates as your consent to these practices.
b. Processing of Personal Data. To the extent Branch is a processor or
subprocessor of personal data in connection with the software, Branch makes the
commitments with respect to data subjects as set forth in the “Rights For
Residents of the European Economic Area and United Kingdom” section of Branch’s
Privacy Policy to all customers effective May 25, 2018, at
https://branch.io/policies/data-subject-rights/#data-subject-rights-european-general-data-protection-regulation
(or its successor URL).
5. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
gives you some rights to use the software. Branch reserves all other rights.
Unless applicable law gives you more rights despite this limitation, you may use
the software only as expressly permitted in this agreement. In doing so, you
must comply with any technical limitations in the software that only allow you
to use it in certain ways. You may not (i) work around any technical limitations
in the software; (ii) reverse engineer, decompile or disassemble the software,
or otherwise attempt to derive the source code for the software, except and to
the extent required by third party licensing terms governing use of certain open
source components that may be included in the software; (iii) remove, minimize,
block or modify any notices of Branch or its suppliers in the software; (iv) use
the software in any way that is against the law; or (v) share, publish, rent or
lease the software, provide the software as a stand-alone offering for others to
use, or transfer the software or this agreement to any third party.
6. FEEDBACK. If you provide Branch with any verbal or written comments, bug
reports, feedback, enhancements, optimizations, or modifications proposed or
suggested by you for the software ("Feedback"), such Feedback is provided on a
non-confidential basis (notwithstanding any notice to the contrary you may
include in any accompanying communication), and Branch shall have the right to
use such Feedback at its discretion, including, but not limited to the
incorporation of such suggested changes into the software. You hereby grant
Branch a worldwide, perpetual, irrevocable, royalty-free, fully paid,
transferable, sublicensable, non-exclusive right and license under all rights
necessary to so incorporate, use, and exploit your Feedback in any manner,
without restriction, for any purpose, including to make and sell Branch products
and services.
7. RESERVATION OF RIGHTS. The software is owned by Branch and is licensed, not
sold, to you. The software is protected by copyright, trade dress, patent, and
trademark laws of the United States and other jurisdictions, international
conventions, and all other relevant intellectual property and proprietary
rights, and applicable laws. As between you and Branch, all aspects of the
software, including intellectual property rights therein and thereto, are the
sole and exclusive property of Branch or its subsidiaries or affiliated
companies and/or its third-party licensors. You may not sell, license,
distribute, copy, modify, publicly perform or display, transmit, publish, edit,
adapt, create derivative works from, or make any use of the software except as
expressly authorized hereunder. Branch reserves all rights not expressly granted
in this agreement. You do not acquire any right, title or interest to the
software, whether by implication, estoppel, or otherwise, except for the limited
rights set forth in this agreement.
8. SOFTWARE EXPECTATIONS. The software: (i) is not an official product and has
not been commercially released; (ii) may not be in final form or be fully
functional; (iii) may contain errors, design flaws or other problems; (iv) may
generate or produce inaccurate information or unexpected or incorrect results;
(v) may cause loss of data or communications, project delays or other
unpredictable damage or loss; (vi) may never be released as a commercial
version; and (vii) may be discontinued by Branch in whole or in part, at any
time and without any obligation or liability to you or your users. Use of the
software may be conditional on your acceptance of additional terms and
conditions accompanying the software. In the event of any conflict between this
agreement and additional terms and conditions accompanying the software, the
latter will govern and control unless expressly stated otherwise.
9. EXPORT RESTRICTIONS. You must comply with all domestic and international
trade export laws and regulations that apply to the software, which include
restrictions on destinations, end users, and end use. You represent that you are
not named on any U.S. Government Consolidated Screening denied-party list which
may be searched at:
https://www.export.gov/article?id=Consolidated-Screening-List. You shall not
permit any entity or individual to access or use the software who is listed on
the Consolidated Screening List or located in a U.S. government-embargoed
country, or known to be engaged in proliferation of nuclear, chemical or
biological weapons or missiles, or otherwise in violation of any U.S. export law
or regulation.
10. SUPPORT SERVICES. Because this software is “as is,” Branch may not provide
support services for it.
11. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based services and support services that you use, are the entire
agreement for the software and support services.
12. APPLICABLE LAW. If you acquired the software in the United States,
California law applies to interpretation of and claims for breach of this
agreement, and the laws of the state where you live apply to all other claims.
If you acquired the software in any other country, its laws apply.
13. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal
rights. You may have other rights, including consumer rights, under the laws of
your state or country. Separate and apart from your relationship with Branch,
you may also have rights with respect to the party from which you acquired the
software. This agreement does not change those other rights if the laws of your
state or country do not permit it to do so. For example, if you acquired the
software in one of the below regions, or mandatory country law applies, then the
following provisions apply to you:
a. Australia. You have statutory guarantees under the Australian Consumer Law
and nothing in this agreement is intended to affect those rights.
b. Canada. If you acquired this software in Canada, the product documentation,
if any, may specify how to update the software integrated into your digital
properties.
c. Germany and Austria.
 1. Warranty. The software will perform substantially as described in any Branch
    materials that accompany it. However, Branch gives no contractual guarantee
    in relation to the software.
    
    
 2. Limitation of Liability. In case of intentional conduct, gross negligence,
    claims based on the Product Liability Act, as well as in case of death or
    personal or physical injury, Branch is liable according to the statutory
    law. Subject to the foregoing clause (ii), Branch will only be liable for
    slight negligence if Branch is in breach of such material contractual
    obligations, the fulfillment of which facilitate the due performance of this
    agreement, the breach of which would endanger the purpose of this agreement
    and the compliance with which a party may constantly trust in (so-called
    "cardinal obligations"). In other cases of slight negligence, Branch will
    not be liable for slight negligence.

14. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK
OF USING IT. BRANCH GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO
THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, BRANCH EXCLUDES THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
15. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM
BRANCH AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $100.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to (a) anything related
to the software, services, content (including code) on third party Internet
sites, or third party applications; and (b) claims for breach of contract,
breach of warranty, guarantee or condition, strict liability, negligence, or
other tort to the extent permitted by applicable law. It also applies even if
Branch knew or should have known about the possibility of the damages. The above
limitation or exclusion may not apply to you because your state or country may
not allow the exclusion or limitation of incidental, consequential or other
damages.




ONBOARDING SERVICES SOW

Version Version 4.0  (Current) Version 3.0 Version 2.0 Version 1.0

EFFECTIVE JUNE 7, 2023

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TABLE OF CONTENTS

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ADDENDUM TO ORDER FORM


ONBOARDING SERVICES STATEMENT OF WORK

This Onboarding Services Statement of Work (“SOW”) describes Onboarding Services
(“Onboarding Services” or “Professional Services”) to be performed by Branch for
Customer (each a “party”, collectively the “Parties”) to the extent Customer has
purchased Onboarding Services, as set forth in Customer’s Order Form. By
executing an Order Form that references this SOW, Customer agrees to the terms
of this SOW and the Professional Services Terms & Conditions available at
https://legal.branch.io/#professional-services (the “PS Terms”). Any capitalized
terms not otherwise defined herein shall have the meaning set forth in the PS
Terms. In the event of any conflict or inconsistency between this SOW and an
Order Form referencing this SOW, the SOW shall control.
 1. SCOPE OF SERVICES. Branch PS will provide Customer with resources to assist
    Customer’s staff as set forth below (the “Project”), subject to Customer’s
    payment of all applicable fees as set forth in the applicable Order Form.
    Branch PS and Customer (collectively, the “Project Team”) will commit
    reasonable resources to work on the Project.

Service
Onboarding Service Description
Discovery
 * Conduct remote discovery sessions to assist with identifying integration
   requirements for key use cases to work within client tech stack
 * Provide assistance with defining Branch integration strategy to leverage deep
   linking and channel best practices
 * Assist Customer in identifying new opportunities to drive additional value
   from Branch within existing and new channels
 * Provide guidance with the creation and execution of Customer’s business case
   in implementing Branch’s Services

Engagement Management
 * Provide guidance and assistance identifying key integration tasks, owners,
   and dependencies to support sprint planning
 * Assist Customer in tracking and communicating task completion and next steps
   with project stakeholders
 * Actively monitor for and escalate integration risks and issues

Engagement Support
 * Assist customer with building links for testing, and social/email/ads/site
   campaigns
 * Support the creation of Journeys and Deepview templates
 * Provide guidance and support to Customer in creating custom link builders,
   test pages, webhooks, and API scripts to streamline integration usage
 * Support analytics tagging strategy, retrieval of Branch data, and creation of
   performance reporting and collateral

Software Configuration
 * Support configuration of default redirect, social, and domain settings
 * Assign and coordinate user access permissions
 * Support setup of premium feature (Journeys, Email, Ads, Analytics) dashboard
   configurations

Enablement
 * Conduct training sessions for project stakeholders on content which may
   include Branch functionality, Premium features, Specific Use Cases, and
   Dashboard Usage

 2. PROJECT ROLES & RESPONSIBILITIES. This is a list of Project roles, NOT
    individuals, required to complete the Project. A single individual may take
    responsibility for any number of roles, or a single role may require more
    than one individual. Customer acknowledges its participation is critical for
    Project success.



Role
Responsibility
Frequency
Estimated Hours
Sponsor
Responsible for providing Customer resources needed for successful Project
Completion, and promote process change where necessary
Monthly
5 Hours per Month
Project Manager
Responsible for the oversight of Customer resources, schedules, and
responsibilities including:
 * Attending all key Project meetings
 * Being a point of contact for day-to-day operations
 * Securing participation (as required) of key business process owners
 * Participating in Project meetings

Weekly
10 Hours per Week
Administrator
Responsible for ongoing administration of Branch’s Services, once Professional
Services are delivered
 * Manages user acceptance tasks, including QA testing, training, and adoption
 * Manages organization’s ongoing use of Branch’s Services

Weekly
5-8 Hours per Week
Functional Consultant(s) / Business Process Owner(s)
Responsible for review and acceptance of Branch integration, and identification
of exceptions/risks
 * Attends Project meetings related to area of ownership
 * Assists in the definition of unique processes outside of standard Branch
   practices
 * Participates in user acceptance testing activities

Weekly
5-10 Hours per Week
Extended Team
Additional Customer resources as needed to support the scope of the Project
Weekly
2-5 Hours per Week

 3. ONBOARDING SERVICE ASSUMPTIONS. Unless otherwise noted in this SOW or agreed
    to in writing by the Parties, the following assumptions are based on
    information provided by the Customer relating to the Project and have been
    used to estimate Branch PS’s required time, level of effort, and fees.
    Deviations from these assumptions may lead to commensurate changes in the
    timeline and fees and will be handled through a formal Change Order.
    1. Term Length: Unless otherwise agreed upon by both Parties and executed in
       a Change Order, the obligation of Branch to provide Onboarding Services
       under this SOW expires after the timeframe identified in the Order Form,
       following the SOW “Effective Date.”
    2. Reasonable Work Hours: Customer agrees that (1) Branch PS staffing
       commitments (“Staffing Commitments”) include up to the amount set forth
       in the Order Form (if any); (2) Staffing Commitments in this SOW may not
       have been fully scoped, and there is no assurance that the work
       identified by the Customer for Branch PS subject to Staffing Commitments
       can be completed within the time period scoped or even that such work can
       be completed at all; (3) Branch PS reserves the right to reject any
       request for work identified by Customer to be provided by Branch PS as
       Staffing Commitments, if Branch PS reasonably believes such work is
       outside of the type of services normally provided by Branch PS; and (4)
       Staffing Commitments may be consumed by Branch PS in completing
       preparations for meetings, completing offline research, and completing
       offline configurations or other action items.
    3. Overages: Branch PS will secure Customer’s approval to bill against
       overages that exceed initial Staffing Commitments or arising from delays
       caused by Customer before the provisioning of any such overage services.
    4. Cancellation / Postponement: Branch PS and Customer will use commercially
       reasonable efforts to attend all scheduled Project meetings. The repeated
       cancellation of Project meetings may result in Project delay and
       additional costs.
 4. CUSTOMER RESOURCE AVAILABILITY. Customer acknowledges and agrees that the
    Branch PS team’s performance is contingent upon Customer’s timely
    performance of its obligations under this SOW. Project timeline estimates
    provided by Branch PS are dependent on the availability of Customer
    resources and key decision makers. Lack of access to, or any material change
    to, Customer’s resources and/or Project stakeholders may impact estimated
    timelines, costs, fees, and whether additional Onboarding Services may be
    needed. As such, Customer agrees to promptly: (a) acknowledge, review, and
    respond to communications from Branch PS to support and progress the
    Project; (b) sign or e-sign any documents necessary to enable integration
    features with third-party partners selected by Customer to enable Branch PS
    to continue the provisioning of the Onboarding Services; connect the Branch
    PS team with Customer’s relevant contacts and subject matter experts as may
    be necessary to facilitate the Onboarding Services. Should Customer choose
    not to go live with any aspect of the deployment, and then at a future date
    need additional Onboarding Services, this will require another statement of
    work or Change Order to extend the Onboarding Services term and may result
    in additional costs. Customer is solely responsible for its engagement with
    and management of any third-party vendors that Customer integrates into, or
    uses in conjunction with, Branch.
 5. FEES. Customer will pay Branch all fees for Onboarding Services in
    accordance with this SOW and at the rates specified in the applicable Order
    Form.

EFFECTIVE APRIL 13, 2023  TO  JUNE 7, 2023

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TABLE OF CONTENTS

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ADDENDUM TO ORDER FORM


ONBOARDING SERVICES STATEMENT OF WORK

This Onboarding Services Statement of Work (“SOW”) describes Onboarding Services
to be performed by Branch for Customer (each a “party”, collectively “Parties”)
to the extent Customer has purchased Onboarding Services, as set forth in
Customer’s Order Form. By executing an Order Form that references this SOW,
Customer agrees to the terms of this SOW and the Professional Services Terms &
Conditions available at https://legal.branch.io/#professional-services (the “PS
Terms”). Any capitalized terms not otherwise defined herein shall have the
meaning set forth in the PS Terms.
 1. SCOPE OF SERVICES. Branch PS will provide Customer with resources to assist
    Customer’s staff as set forth below (the “Project”), subject to Customer’s
    payment of all applicable fees as set forth in the applicable Order Form.
    Branch PS and Customer (collectively, the “Project Team”) will commit
    resources to work on the Project. In providing the Onboarding Services
    hereunder, Branch PS will employ reasonable, industry-standard Onboarding
    processes and activities.

Service
Onboarding Service Description
Discovery
 * Conduct remote discovery sessions to assist with identifying integration
   requirements for key use cases to work within client tech stack
 * Provide assistance with defining Branch integration strategy to leverage deep
   linking and channel best practices
 * Assist Customer in identifying new opportunities to drive additional value
   from Branch within existing and new channels
 * Provide guidance with the creation and execution of Customer’s business case
   in implementing Branch’s Services

Engagement Management
 * Provide guidance and assistance identifying key integration tasks, owners,
   and dependencies to support sprint planning
 * Assist Customer in tracking and communicating task completion and next steps
   with project stakeholders
 * Actively monitor for and escalate integration risks and issues

Engagement Support
 * Assist customer with building links for testing, and social/email/ads/site
   campaigns
 * Support the creation of Journeys and Deepview templates
 * Provide guidance and support to Customer in creating custom link builders,
   test pages, webhooks, and API scripts to streamline integration usage
 * Support analytics tagging strategy, retrieval of Branch data, and creation of
   performance reporting and collateral

Software Configuration
 * Support configuration of default redirect, social, and domain settings
 * Assign and coordinate user access permissions
 * Support setup of premium feature (Journeys, Email, Ads, Analytics) dashboard
   configurations

Enablement
 * Conduct training sessions for project stakeholders on content which may
   include Branch functionality, Premium features, Specific Use Cases, and
   Dashboard Usage

 2. PROJECT ROLES AND RESPONSIBILITIES. This is a list of Project roles, NOT
    individuals, required to complete the Project. A single individual may take
    responsibility for any number of roles, or a single role may require more
    than one individual. Customer acknowledges its participation is critical for
    Project success.

Role
Branch PS
Customer
Sponsor
Responsible for allocating Branch PS resources
 * Serve as escalation contact for issues not resolvable by Branch Project
   Manager (“PM”)
 * Advises the Branch PS team
 * Manages project resources

Responsible for providing Customer resources needed for successful onboarding,
and promote process change where necessary
Project Manager
Responsible for oversight of Branch PS resources, schedules. Supporting
responsibilities include:
 * Attending all key Project meetings
 * Being a point of contact for day-to-day operations
 * Providing guidance and assistance for management of Project issues
 * Leading Project meetings

Responsible for the oversight of Customer resources, schedules and
responsibilities including:
 * Attending all key Project meetings
 * Being a point of contact for day-to-day operations
 * Securing participation (as required) of key business process owners
 * Participating in Project meetings

Administrator
N/A
Responsible for ongoing Branch administration, once onboarding is complete
 * Manage user acceptance tasks, including QA testing, training and adoption
 * Manage organization’s ongoing Branch use

Functional Consultant(s) / Business Process Owner(s)
Responsible for providing leadership and guidance on the overall usage of Branch
 * Define Branch integration strategy
 * Support ongoing onboarding setup
 * Conduct training of Branch best practices
 * Support QA of Branch integration

Responsible for review and acceptance of Branch integration, and identification
of exceptions/risks
 * Attend Project meetings related to area of ownership
 * Assist in the definition of unique processes outside of standard Branch
   practices
 * Participate in user acceptance testing activities

Extended Team
As needed Branch PS resources (including Solution Architects, Subject Matter
Experts, Technical and/or Education resources) to support the scope of the
Project
Additional Customer resources as needed to support the scope of the Project

 3. ONBOARDING SERVICE ASSUMPTIONS. Unless otherwise noted in this SOW or agreed
    to in writing by the Parties, the following assumptions are based on
    information provided by the Customer relating to the Project and have been
    used to estimate Branch PS’s required level of effort and fees. Deviations
    from these assumptions may lead to commensurate changes in the timeline and
    fees and will be handled through a formal Change Order.
    1. Term Length: Unless otherwise agreed upon by both Parties and duly
       executed in writing, the obligation of Branch to provide Onboarding
       Services under this SOW expires after the timeframe identified in the
       Order Form, following the SOW “Effective Date.”
    2. Reasonable Work Hours: Customer agrees that (1) Branch PS staffing
       commitments (“Staffing Commitments”) include up to the amount set forth
       in the Order Form (if any); (2) Staffing Commitments in this SOW may not
       have been fully scoped, and there is no assurance that the work
       identified by the Customer for Branch PS subject to Staffing Commitments
       can be completed within the time period scoped or even that such work can
       be completed at all; (3) Branch PS reserves the right to reject any
       request for work identified by Customer to be provided by Branch PS as
       Staffing Commitments, if Branch PS reasonably believes such work is
       outside of the type of services normally provided by Branch PS; and (4)
       Staffing Commitments may be consumed by Branch PS in completing
       preparations for meetings, completing offline research, and completing
       offline configurations or other action items.
    3. Overages: Branch PS will secure Customer’s approval to bill against
       overages that exceed initial Staffing Commitments before the provisioning
       of any such overage services.
    4. Cancellation / Postponement: Branch PS and Customer will use commercially
       reasonable efforts to attend all scheduled Project meetings. The repeated
       cancellation of Project meetings may result in Project delay and
       additional costs.
 4. CUSTOMER RESOURCE AVAILABILITY. Project timeline estimates provided by
    Branch PS are dependent on the availability of Customer resources and key
    decision makers. Lack of access to or the material change to resources
    and/or Project stakeholders may impact estimated timelines and whether
    additional Onboarding Services may be needed. Customer is responsible for
    acknowledging, reviewing, and responding to communications from Branch PS to
    support this Project. Some integration features may require Customer’s
    contractual signature / e-signature with a third party before Branch PS can
    continue with the provisioning of services, and Customer is responsible for
    responding and executing such third party agreements in a timely and
    collaborative fashion. Customer is responsible for any engagement and
    management of third-party vendors that Customer uses in conjunction with
    Branch. Customer will provide relevant contacts and subject matter experts
    in a timely fashion to be made available for any necessary work to conduct
    this SOW according to a mutually agreed upon Project schedule. Should
    Customer choose not to go live with any aspect of the deployment, and then
    at a future date need additional Onboarding Services, this will require
    another statement of work or Change Order to extend the Onboarding Services
    term and may result in additional costs.
 5. FEES. Customer will pay Branch for the Onboarding Services at the rates
    specified in the applicable Order Form.

EFFECTIVE JANUARY 1, 2023  TO  APRIL 13, 2023

Download

--------------------------------------------------------------------------------


TABLE OF CONTENTS

--------------------------------------------------------------------------------


ADDENDUM TO ORDER FORM


ONBOARDING SERVICES STATEMENT OF WORK

This Onboarding Services Statement of Work (“SOW”) describes Onboarding Services
to be performed by Branch for Customer (each a “party”, collectively “Parties”)
to the extent Customer has purchased Onboarding Services, as set forth in
Customer’s Order Form. By executing an Order Form that references this SOW,
Customer agrees to the terms of this SOW. Except where otherwise expressly
indicated within this SOW, this SOW is subject to the terms of the applicable
Order Form and Branch’s Terms and Conditions, or instead, where there is a
service agreement in place between Customer and Branch, that service agreement,
as applicable, between the Parties as referenced in the relevant Order Form
(“Service Agreement”).
Customer may not receive Onboarding Services if Customer is Branch’s direct
competitor, except with Branch’s prior written consent. In addition, Customer
may not receive Onboarding Services for the purposes of evaluating or monitoring
their quality or performance, or for any other benchmarking or competitive
purposes.
I. DEFINITIONS
 a. “Affiliate” means any entity which directly or indirectly controls, is
    controlled by, or is under common control with the subject entity.
    “Control,” for purposes of this definition, means direct or indirect
    ownership or control of more than 50% of the voting interests of the subject
    entity.
 b. “Branch” means Branch Metrics, Inc., the entity you are hereby contracting
    with.
 c. “Branch OS” means Branch’s Onboarding Services organization.
 d. “Customer” means the company or other legal entity for which you are
    accepting this SOW together with Affiliates of that company or entity which
    have signed SOWs or Order Forms for Onboarding Services.
 e. “Change Order” means any change to an SOW or Order Form, as applicable, as
    described in the “Change Orders” section below. Change Orders will be deemed
    incorporated by reference in the applicable SOW or Order Form, as applicable
    in the absence of an SOW.
 f. “Order Form” means an ordering document specifying the Onboarding Services
    to be provided hereunder and that is entered into between Customer and
    Branch, including any addenda and supplements thereto.
 g. “Onboarding Services” means work performed by Branch under a SOW or Order
    Form, including Branch’s Onboarding assistance specified in such SOW or
    Order Form. For clarity, the “Service(s)” under the Service Agreement do not
    include Onboarding Services.
 h. “SOW” or “Statement of Work” means a statement of work describing Onboarding
    Services to be provided hereunder, that is entered into between Customer and
    Branch which is incorporated into an Order Form that is entered into between
    Customer and Branch.
 i. “Effective Date” means the date signed by both Parties in the Order Form; if
    the Parties signed on different dates, the later of the two dates will
    constitute the Effective Date.
 j. “Work Product” means all works of authorship, inventions, know-how, ideas,
    materials, information, designs, and files made or conceived or reduced to
    practice, in whole or in part by Branch or its subcontractors in connection
    with the Onboarding Services, and all intellectual property rights relating
    thereto.

II. SCOPE OF SERVICES. Branch OS will provide Customer with resources to assist
Customer’s staff as set forth below (the “Project”), subject to Customer’s
payment of all applicable fees as set forth in the applicable Order Form. Branch
OS and Customer (collectively, the “Project Team”) will commit resources to work
on the Project. In providing the Onboarding Services hereunder, Branch OS will
employ reasonable, industry-standard Onboarding processes and activities.
Service
Onboarding Service Description
Discovery
 * Conduct remote discovery sessions to assist with identifying integration
   requirements for key use cases to work within client tech stack
 * Provide assistance with defining Branch integration strategy to leverage deep
   linking and channel best practices
 * Assist Customer in identifying new opportunities to drive additional value
   from Branch within existing and new channels
 * Provide guidance with the creation and execution of Customer’s business case
   in implementing Branch’s Services

Engagement Management
 * Provide guidance and assistance identifying key integration tasks, owners,
   and dependencies to support sprint planning
 * Assist Customer in tracking and communicating task completion and next steps
   with project stakeholders
 * Actively monitor for and escalate integration risks and issues

Engagement Support
 * Assist customer with building links for testing, and social/email/ads/site
   campaigns
 * Support the creation of Journeys and Deepview templates
 * Provide guidance and support to Customer in creating custom link builders,
   test pages, webhooks, and API scripts to streamline integration usage
 * Support analytics tagging strategy, retrieval of Branch data, and creation of
   performance reporting and collateral

Software Configuration
 * Support configuration of default redirect, social, and domain settings
 * Assign and coordinate user access permissions
 * Support setup of premium feature (Journeys, Email, Ads, Analytics) dashboard
   configurations

Enablement
 * Conduct training sessions for project stakeholders on content which may
   include Branch functionality, Premium features, Specific Use Cases, and
   Dashboard Usage


III. PROJECT ROLES AND RESPONSIBILITIES. This is a list of Project roles, NOT
individuals, required to complete the Project. A single individual may take
responsibility for any number of roles, or a single role may require more than
one individual. Customer acknowledges its participation is critical for Project
success.
Role
Branch OS
Customer
Sponsor
Responsible for allocating Branch OS resources
 * Serve as escalation contact for issues not resolvable by Branch Project
   Manager (“PM”)
 * Advises the Branch OS team
 * Manages project resources

Responsible for providing Customer resources needed for successful onboarding,
and promote process change where necessary
Project Manager
Responsible for oversight of Branch OS resources, schedules. Supporting
responsibilities include:
 * Attending all key Project meetings
 * Being a point of contact for day-to-day operations
 * Providing guidance and assistance for management of Project issues
 * Leading Project meetings

Responsible for the oversight of Customer resources, schedules and
responsibilities including:
 * Attending all key Project meetings
 * Being a point of contact for day-to-day operations
 * Securing participation (as required) of key business process owners
 * Participating in Project meetings

Administrator
N/A
Responsible for ongoing Branch administration, once onboarding is complete
 * Manage user acceptance tasks, including QA testing, training and adoption
 * Manage organization’s ongoing Branch use

Functional Consultant(s) / Business Process Owner(s)
Responsible for providing leadership and guidance on the overall usage of Branch
 * Define Branch integration strategy
 * Support ongoing onboarding setup
 * Conduct training of Branch best practices
 * Support QA of Branch integration

Responsible for review and acceptance of Branch integration, and identification
of exceptions/risks
 * Attend Project meetings related to area of ownership
 * Assist in the definition of unique processes outside of standard Branch
   practices
 * Participate in user acceptance testing activities

Extended Team
As needed Branch OS resources (including Solution Architects, Subject Matter
Experts, Technical and/or Education resources) to support the scope of the
Project
Additional Customer resources as needed to support the scope of the Project

IV. ONBOARDING SERVICE ASSUMPTIONS. Unless otherwise noted in this SOW or agreed
to in writing by the Parties, the following assumptions are based on information
provided by the Customer relating to the Project and have been used to estimate
Branch OS’s required level of effort and fees. Deviations from these assumptions
may lead to commensurate changes in the timeline and fees and will be handled
through a formal Change Order.
 a. Term Length: Unless otherwise agreed upon by both Parties and duly executed
    in writing, the obligation of Branch to provide Onboarding Services under
    this SOW expires after the timeframe identified in the Order Form, following
    the SOW “Effective Date.”
 b. Scope: Any item or activity not specifically included within the scope of
    this SOW is deemed outside the scope of this SOW and may require a Change
    Order, or separate SOW. Services referenced herein are in support of
    standard Branch software functionality as defined by the applicable Service
    Agreement, except as may otherwise be specified in this SOW. Any changes to
    the software functionality supplied are outside the scope of this SOW.
 c. No Recording: Customer will not film or record Branch delivery of Onboarding
    Services or Branch materials.
 d. Reasonable Work Hours: Customer agrees that:
    i.   Branch OS staffing commitments (“Staffing Commitments”) include up to
         the amount set forth in the Order Form (if any);
    ii.  Staffing Commitments in this SOW may not have been fully scoped, and
         there is no assurance that the work identified by the Customer for
         Branch OS subject to Staffing Commitments can be completed within the
         time period scoped or even that such work can be completed at all;
    iii. Branch OS reserves the right to reject any request for work identified
         by Customer to be provided by Branch OS as Staffing Commitments, if
         Branch OS reasonably believes such work is outside of the type of
         services normally provided by Branch OS; and
    iv.  Staffing Commitments may be consumed by Branch OS in completing
         preparations for meetings, completing offline research, and completing
         offline configurations or other action items.
 e. Overages: Branch OS will secure Customer’s approval to bill against overages
    that exceed initial Staffing Commitments before the provisioning of any such
    overage services.
 f. Cancellation / Postponement: Branch OS and Customer will use commercially
    reasonable efforts to attend all scheduled Project meetings. The repeated
    cancelation of Project meetings may result in Project delay and additional
    costs.
 g. Business Hours: Branch OS resources will be reachable over email during
    normal business hours (9 am - 6 pm local time, Monday – Friday, excluding
    nationally recognized holidays), and issues escalated outside of normal
    business hours may be sent to support@branch.io.
 h. Non-Solicitation: During the term of the SOW and for a period of three (3)
    years thereafter, Customer shall not interfere with Branch’s relationship
    with, or endeavor to entice away from Branch, any person who, on the date of
    the termination of or expiration of the Agreement, was an employee of
    Branch.

V. CUSTOMER RESOURCE AVAILABILITY. Project timeline estimates provided by Branch
OS are dependent on the availability of Customer resources and key decision
makers. Lack of access to or the material change to resources and/or Project
stakeholders may impact estimated timelines and whether additional Onboarding
Services may be needed. Customer is responsible for acknowledging, reviewing,
and responding to communications from Branch OS to support this Project. Some
integration features may require Customer’s contractual signature / e-signature
with a third party before Branch OS can continue with the provisioning of
services, and Customer is responsible for responding and executing such third
party agreements in a timely and collaborative fashion. Customer is responsible
for any engagement and management of third-party vendors that Customer uses in
conjunction with Branch. Customer will provide relevant contacts and subject
matter experts in a timely fashion to be made available for any necessary work
to conduct this SOW according to a mutually agreed upon Project schedule. Should
Customer choose not to go live with any aspect of the deployment, and then at a
future date need additional Onboarding Services, this will require another
statement of work or Change Order to extend the Onboarding Services term and may
result in additional costs.
VI. CHANGE ORDERS. Changes to a SOW or Order Form will require a written Change
Order signed by the Parties prior to implementation of the changes. Such changes
many include, for example, changes to the scope of work and any corresponding
changes to the estimated fees and schedule.
VII. FEES. Customer will pay Branch for the Onboarding Services at the rates
specified in the applicable Order Form.
VIII. LICENSES PROCUREMENT AND ACCEPTANCE OF TERMS
 1. Any rights for Customer to use and access Branch software (including without
    limitation any service functionalities, products, modules and features) are
    outside the scope of this SOW and must be separately procured by Customer
    from Branch pursuant to an Order Form or the applicable Service Agreement.
 2. Customer is responsible for separately procuring, at its own expense, all
    necessary rights for its and/or Branch OS’s use of any Customer or
    third-party technology that will be used within the scope of this SOW,
    including any applications and/or services with which the Branch Service can
    be connected through integrations. Customer represents and warrants that it
    will procure all such rights prior to using or permitting Branch OS’s use of
    any such third-party technology hereunder. Customer acknowledges that use of
    third-party technology and/or services not already licensed or purchased by
    Customer may require additional licenses and fee(s) that must be obtained
    separately by the Customer from the specific third-party provider of such
    applications and/or services.

IX. INTELLECTUAL PROPERTY
 a. Customer will retain all right, title, and interest in and to any materials
    provided to Branch OS and the Branch OS resources pursuant to this SOW
    (“Customer Materials”). Customer grants Branch (including Branch OS) and its
    contractors a worldwide, non-exclusive, right to use, copy, distribute,
    create derivative works based on, display, and perform its Customer
    Materials as reasonably necessary for Branch OS to provide the Onboarding
    Services and Services to Customer.
 b. Except for the rights granted in this Section, and subject to Customer’s
    rights in the Customer Materials, Branch owns and reserves all right, title,
    and interest in and to the Work Product. Branch grants Customer a limited,
    non-exclusive, non-transferable license to access and use the Work Product
    with the Services for Customer’s internal business purposes during the Term
    of the applicable Service Agreement.
 c. Customer will not (and will not allow any third party to): (a) remove or
    alter proprietary notices from the Work Product or (b) use, sell, copy,
    modify, create derivative works based on, publicly perform, publicly
    display, or distribute the Work Product outside of the Services.

X. DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY LAW, BRANCH AND ITS AFFILIATES
(A) MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATORY OR
OTHERWISE REGARDING THE ONBOARDING SERVICES AND WORK PRODUCT, AND (B) DISCLAIMS
ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR (II)
THAT THE ONBOARDING SERVICES AND WORK PRODUCT ARE ACCURATE, COMPLETE, OR
RELIABLE. THE ONBOARDING SERVICES AND WORK PRODUCT ARE PROVIDED “AS IS” AND “AS
AVAILABLE.” NO ADVICE OR INFORMATION OBTAINED FROM THE ONBOARDING SERVICES AND
WORK PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS SOW.
XI. TERM AND TERMINATION
 a. Term. This SOW will expire or terminate in accordance with the Section on
    “Term Length” above.
 b. Termination for Cause. Either party may terminate this SOW if the other
    party is in material breach of the SOW and fails to cure that breach within
    thirty days after receipt of written notice. Any termination of the
    applicable Service Agreement will also terminate this SOW.
 c. Surviving Provisions. The Sections on “Intellectual Property” and the
    “Disclaimer” will survive termination of this SOW.

EFFECTIVE DECEMBER 6, 2022  TO  JANUARY 1, 2023

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TABLE OF CONTENTS

--------------------------------------------------------------------------------





ADDENDUM TO ORDER FORM


ONBOARDING SERVICES STATEMENT OF WORK

This Onboarding Services Statement of Work (“SOW”) describes Onboarding Services
to be performed by Branch for Customer (each a “party”, collectively “Parties”)
to the extent Customer has purchased Onboarding Services, as set forth in
Customer’s Order Form. By executing an Order Form that references this SOW,
Customer agrees to the terms of this SOW. Except where otherwise expressly
indicated within this SOW, this SOW is subject to the terms of the applicable
Order Form and Branch’s Terms and Conditions, or instead, where there is a
service agreement in place between Customer and Branch, that service agreement,
as applicable, between the Parties as referenced in the relevant Order Form
(“Service Agreement”).

Customer may not receive Onboarding Services if Customer is Branch’s direct
competitor, except with Branch’s prior written consent. In addition, Customer
may not receive Onboarding Services for the purposes of evaluating or monitoring
their quality or performance, or for any other benchmarking or competitive
purposes.
I. DEFINITIONS
 a. “Affiliate” means any entity which directly or indirectly controls, is
    controlled by, or is under common control with the subject entity.
    “Control,” for purposes of this definition, means direct or indirect
    ownership or control of more than 50% of the voting interests of the subject
    entity.
 b. “Branch” means Branch Metrics, Inc., the entity you are hereby contracting
    with.
 c. “Branch OS” means Branch’s Onboarding Services organization.
 d. “Customer” means the company or other legal entity for which you are
    accepting this SOW together with Affiliates of that company or entity which
    have signed SOWs or Order Forms for Onboarding Services.
 e. “Change Order” means any change to an SOW or Order Form, as applicable, as
    described in the “Change Orders” section below. Change Orders will be deemed
    incorporated by reference in the applicable SOW or Order Form, as applicable
    in the absence of an SOW.
 f. “Order Form” means an ordering document specifying the Onboarding Services
    to be provided hereunder and that is entered into between Customer and
    Branch, including any addenda and supplements thereto.
 g. “Onboarding Services” means work performed by Branch under a SOW or Order
    Form, including Branch’s Onboarding assistance specified in such SOW or
    Order Form. For clarity, the “Service(s)” under the Service Agreement do not
    include Onboarding Services.
 h. “SOW” or “Statement of Work” means a statement of work describing Onboarding
    Services to be provided hereunder, that is entered into between Customer and
    Branch which is incorporated into an Order Form that is entered into between
    Customer and Branch.
 i. “Effective Date” means the date signed by both Parties in the Order Form; if
    the Parties signed on different dates, the later of the two dates will
    constitute the Effective Date.
 j. “Work Product” means all works of authorship, inventions, know-how, ideas,
    materials, information, designs, and files made or conceived or reduced to
    practice, in whole or in part by Branch or its subcontractors in connection
    with the Onboarding Services, and all intellectual property rights relating
    thereto.

II. SCOPE OF SERVICES. Branch OS will provide Customer with resources to assist
Customer’s staff as set forth below (the “Project”), subject to Customer’s
payment of all applicable fees as set forth in the applicable Order Form. Branch
OS and Customer (collectively, the “Project Team”) will commit resources to work
on the Project. In providing the Onboarding Services hereunder, Branch OS will
employ reasonable, industry-standard Onboarding processes and activities.

Service
Onboarding Service Description
Discovery
 * Conduct remote discovery sessions to assist with identifying integration
   requirements for key use cases to work within client tech stack
 * Provide assistance with defining Branch integration strategy to leverage deep
   linking and channel best practices
 * Assist Customer in identifying new opportunities to drive additional value
   from Branch within existing and new channels
 * Provide guidance with the creation and execution of Customer’s business case
   in implementing Branch’s Services

Engagement Management
 * Provide guidance and assistance identifying key integration tasks, owners,
   and dependencies to support sprint planning
 * Assist Customer in tracking and communicating task completion and next steps
   with project stakeholders
 * Actively monitor for and escalate integration risks and issues

Engagement Support
 * Assist customer with building links for testing, and social/email/ads/site
   campaigns
 * Support the creation of Journeys and Deepview templates
 * Provide guidance and support to Customer in creating custom link builders,
   test pages, webhooks, and API scripts to streamline integration usage
 * Support analytics tagging strategy, retrieval of Branch data, and creation of
   performance reporting and collateral

Software Configuration
 * Support configuration of default redirect, social, and domain settings
 * Assign and coordinate user access permissions
 * Support setup of premium feature (Journeys, Email, Ads, Analytics) dashboard
   configurations

Enablement
 * Conduct training sessions for project stakeholders on content which may
   include Branch functionality, Premium features, Specific Use Cases, and
   Dashboard Usage


III. PROJECT ROLES AND RESPONSIBILITIES. This is a list of Project roles, NOT
individuals, required to complete the Project. A single individual may take
responsibility for any number of roles, or a single role may require more than
one individual. Customer acknowledges its participation is critical for Project
success.

Role
Branch OS
Customer
Sponsor
Responsible for allocating Branch OS resources
 * Serve as escalation contact for issues not resolvable by Branch Project
   Manager (“PM”)
 * Advises the Branch OS team
 * Manages project resources

Responsible for providing Customer resources needed for successful onboarding,
and promote process change where necessary
Project Manager
Responsible for oversight of Branch OS resources, schedules. Supporting
responsibilities include:
 * Attending all key Project meetings
 * Being a point of contact for day-to-day operations
 * Providing guidance and assistance for management of Project issues
 * Leading Project meetings

Responsible for the oversight of Customer resources, schedules and
responsibilities including:
 * Attending all key Project meetings
 * Being a point of contact for day-to-day operations
 * Securing participation (as required) of key business process owners
 * Participating in Project meetings

Administrator
N/A
Responsible for ongoing Branch administration, once onboarding is complete
 * Manage user acceptance tasks, including QA testing, training and adoption
 * Manage organization’s ongoing Branch use

Functional Consultant(s) / Business Process Owner(s)
Responsible for providing leadership and guidance on the overall usage of Branch
 * Define Branch integration strategy
 * Support ongoing onboarding setup
 * Conduct training of Branch best practices
 * Support QA of Branch integration

Responsible for review and acceptance of Branch integration, and identification
of exceptions/risks
 * Attend Project meetings related to area of ownership
 * Assist in the definition of unique processes outside of standard Branch
   practices
 * Participate in user acceptance testing activities

Extended Team
As needed Branch OS resources (including Solution Architects, Subject Matter
Experts, Technical and/or Education resources) to support the scope of the
Project
Additional Customer resources as needed to support the scope of the Project


IV. ONBOARDING SERVICE ASSUMPTIONS. Unless otherwise noted in this SOW or agreed
to in writing by the Parties, the following assumptions are based on information
provided by the Customer relating to the Project and have been used to estimate
Branch OS’s required level of effort and fees. Deviations from these assumptions
may lead to commensurate changes in the timeline and fees and will be handled
through a formal Change Order.
 a. Term Length: Unless otherwise agreed upon by both Parties and duly executed
    in writing, the obligation of Branch to provide Onboarding Services under
    this SOW expires after the timeframe identified in the Order Form, following
    the SOW “Effective Date.”
 b. Scope: Any item or activity not specifically included within the scope of
    this SOW is deemed outside the scope of this SOW and may require a Change
    Order, or separate SOW. Services referenced herein are in support of
    standard Branch software functionality as defined by the applicable Service
    Agreement, except as may otherwise be specified in this SOW. Any changes to
    the software functionality supplied are outside the scope of this SOW.
 c. No Recording: Customer will not film or record Branch delivery of Onboarding
    Services or Branch materials.
 d. Reasonable Work Hours: Customer agrees that:
    i.   Branch OS staffing commitments (“Staffing Commitments”) include up to
         the amount set forth in the Order Form (if any);
    ii.  Staffing Commitments in this SOW may not have been fully scoped, and
         there is no assurance that the work identified by the Customer for
         Branch OS subject to Staffing Commitments can be completed within the
         time period scoped or even that such work can be completed at all;
    iii. Branch OS reserves the right to reject any request for work identified
         by Customer to be provided by Branch OS as Staffing Commitments, if
         Branch OS reasonably believes such work is outside of the type of
         services normally provided by Branch OS; and
    iv.  Staffing Commitments may be consumed by Branch OS in completing
         preparations for meetings, completing offline research, and completing
         offline configurations or other action items.
 e. Overages: Branch OS will secure Customer’s approval to bill against overages
    that exceed initial Staffing Commitments before the provisioning of any such
    overage services.
 f. Cancellation / Postponement: Branch OS and Customer will use commercially
    reasonable efforts to attend all scheduled Project meetings. The repeated
    cancelation of Project meetings may result in Project delay and additional
    costs.
 g. Business Hours: Branch OS resources will be reachable over email during
    normal business hours (9 am - 6 pm local time, Monday – Friday, excluding
    nationally recognized holidays), and issues escalated outside of normal
    business hours may be sent to support@branch.io.
 h. Non-Solicitation: During the term of the SOW and for a period of three (3)
    years thereafter, Customer shall not interfere with Branch’s relationship
    with, or endeavor to entice away from Branch, any person who, on the date of
    the termination of or expiration of the Agreement, was an employee of
    Branch.


V. CUSTOMER RESOURCE AVAILABILITY. Project timeline estimates provided by Branch
OS are dependent on the availability of Customer resources and key decision
makers. Lack of access to or the material change to resources and/or Project
stakeholders may impact estimated timelines and whether additional Onboarding
Services may be needed. Customer is responsible for acknowledging, reviewing,
and responding to communications from Branch OS to support this Project. Some
integration features may require Customer’s contractual signature / e-signature
with a third party before Branch OS can continue with the provisioning of
services, and Customer is responsible for responding and executing such third
party agreements in a timely and collaborative fashion. Customer is responsible
for any engagement and management of third-party vendors that Customer uses in
conjunction with Branch. Customer will provide relevant contacts and subject
matter experts in a timely fashion to be made available for any necessary work
to conduct this SOW according to a mutually agreed upon Project schedule. Should
Customer choose not to go live with any aspect of the deployment, and then at a
future date need additional Onboarding Services, this will require another
statement of work or Change Order to extend the Onboarding Services term and may
result in additional costs.

VI. CHANGE ORDERS. Changes to a SOW or Order Form will require a written Change
Order signed by the Parties prior to implementation of the changes. Such changes
many include, for example, changes to the scope of work and any corresponding
changes to the estimated fees and schedule.

VII. FEES. Customer will pay Branch for the Onboarding Services at the rates
specified in the applicable Order Form.

VIII. LICENSES PROCUREMENT AND ACCEPTANCE OF TERMS
 1. Any rights for Customer to use and access Branch software (including without
    limitation any service functionalities, products, modules and features) are
    outside the scope of this SOW and must be separately procured by Customer
    from Branch pursuant to an Order Form or the applicable Service Agreement.
 2. Customer is responsible for separately procuring, at its own expense, all
    necessary rights for its and/or Branch OS’s use of any Customer or
    third-party technology that will be used within the scope of this SOW,
    including any applications and/or services with which the Branch Service can
    be connected through integrations. Customer represents and warrants that it
    will procure all such rights prior to using or permitting Branch OS’s use of
    any such third-party technology hereunder. Customer acknowledges that use of
    third-party technology and/or services not already licensed or purchased by
    Customer may require additional licenses and fee(s) that must be obtained
    separately by the Customer from the specific third-party provider of such
    applications and/or services.


IX. INTELLECTUAL PROPERTY
 a. Customer will retain all right, title, and interest in and to any materials
    provided to Branch OS and the Branch OS resources pursuant to this SOW
    (“Customer Materials”). Customer grants Branch (including Branch OS) and its
    contractors a worldwide, non-exclusive, right to use, copy, distribute,
    create derivative works based on, display, and perform its Customer
    Materials as reasonably necessary for Branch OS to provide the Onboarding
    Services and Services to Customer.
 b. Except for the rights granted in this Section, and subject to Customer’s
    rights in the Customer Materials, Branch owns and reserves all right, title,
    and interest in and to the Work Product. Branch grants Customer a limited,
    non-exclusive, non-transferable license to access and use the Work Product
    with the Services for Customer’s internal business purposes during the Term
    of the applicable Service Agreement.
 c. Customer will not (and will not allow any third party to): (a) remove or
    alter proprietary notices from the Work Product or (b) use, sell, copy,
    modify, create derivative works based on, publicly perform, publicly
    display, or distribute the Work Product outside of the Services.


X. DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY LAW, BRANCH AND ITS AFFILIATES
(A) MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATORY OR
OTHERWISE REGARDING THE ONBOARDING SERVICES AND WORK PRODUCT, AND (B) DISCLAIMS
ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR (II)
THAT THE ONBOARDING SERVICES AND WORK PRODUCT ARE ACCURATE, COMPLETE, OR
RELIABLE. THE ONBOARDING SERVICES AND WORK PRODUCT ARE PROVIDED “AS IS” AND “AS
AVAILABLE.” NO ADVICE OR INFORMATION OBTAINED FROM THE ONBOARDING SERVICES AND
WORK PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS SOW.

XI. TERM AND TERMINATION
 a. Term. This SOW will expire or terminate in accordance with the Section on
    “Term Length” above.
 b. Termination for Cause. Either party may terminate this SOW if the other
    party is in material breach of the SOW and fails to cure that breach within
    thirty days after receipt of written notice. Any termination of the
    applicable Service Agreement will also terminate this SOW.
 c. Surviving Provisions. The Sections on “Intellectual Property” and the
    “Disclaimer” will survive termination of this SOW.


PRIVACY OPT-OUT

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USER TRACKING OPT-OUT

We take our customers’ privacy very seriously and provide mechanisms for opting
out of data collection features, which are identified below. You can learn more
about the types of data that we need to collect for our core service here:
https://branch.io/policies/#privacy. We collect limited device information to
improve our deep linking technology and to provide attribution and analytics
services, but we understand that some users would like to opt out of this data
processing.


BROWSER-BASED OPT-OUTS

Top

Branch’s Browser Cookie Opt-Out: Our cookie-based opt-out can be accessed by
clicking here. This will place a Branch opt-out cookie on your browser. Where
Branch detects the presence of that opt-out cookie, we will no longer set
cookies (beyond the opt-out cookie itself). Due to the nature of the Services,
some functionality will be degraded or no longer work as a result. Cookie-based
opt-outs must be performed on each device and browser that you wish to have
opted-out. For example, if you have opted-out on your computer browser, that
opt-out will not be effective on your mobile device.
NAI Browser-Based Opt-Out: Branch is a member of the Network Advertising
Initiative (“NAI”), and adheres to its Codes of Conduct. NAI provides you with
the opportunity to opt-out (on a browser-by-browser basis) from data collection
by participating NAI members, including Branch. That opt-out is available here.


DEVICE-BASED OPT-OUTS & CHOICES

Top

Mobile Device Identifier: To exercise the mobile device privacy settings
controls, please visit the privacy settings of your Android or iOS device and
select “opt-out of interest based ads” (Android) or “limit ad tracking” (Apple
iOS) . Branch will only be able to collect information as permitted by these
settings.
Branch’s Device-Based Opt-Out: You can submit a request to opt-out of the Branch
Services on a particular device by submitting a request here. Due to the nature
of the Services, some functionality will be degraded or no longer work once that
request is executed.

EFFECTIVE OCTOBER 11, 2022  TO  DECEMBER 31, 2022

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TABLE OF CONTENTS

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USER TRACKING OPT-OUT

We take our customers’ privacy very seriously and provide mechanisms for opting
out of data collection features, which are identified below. You can learn more
about the types of data that we need to collect for our core service here:
https://branch.io/policies/#privacy. We collect limited device information to
improve our deep linking technology and to provide attribution and analytics
services, but we understand that some users would like to opt out of this data
processing.


BROWSER-BASED OPT-OUTS

Top
Branch’s Browser Cookie Opt-Out: Our cookie-based opt-out can be accessed by
clicking here. This will place a Branch opt-out cookie on your browser. Where
Branch detects the presence of that opt-out cookie, we will no longer set
cookies (beyond the opt-out cookie itself). Due to the nature of the Services,
some functionality will be degraded or no longer work as a result. Cookie-based
opt-outs must be performed on each device and browser that you wish to have
opted-out. For example, if you have opted-out on your computer browser, that
opt-out will not be effective on your mobile device.
NAI Browser-Based Opt-Out: Branch is a member of the Network Advertising
Initiative (“NAI”), and adheres to its Codes of Conduct. NAI provides you with
the opportunity to opt-out (on a browser-by-browser basis) from data collection
by participating NAI members, including Branch. That opt-out is available here.


DEVICE-BASED OPT-OUTS & CHOICES

Top
Mobile Device Identifier: To exercise the mobile device privacy settings
controls, please visit the privacy settings of your Android or iOS device and
select “opt-out of interest based ads” (Android) or “limit ad tracking” (Apple
iOS) . Branch will only be able to collect information as permitted by these
settings.
Branch’s Device-Based Opt-Out: You can submit a request to opt-out of the Branch
Services on a particular device by submitting a request here . Due to the nature
of the Services, some functionality will be degraded or no longer work once that
request is executed.

EFFECTIVE JUNE 1, 2022  TO  OCTOBER 11, 2022

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TABLE OF CONTENTS

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User Tracking Opt-out
We take our customers’ privacy very seriously and provide mechanisms for opting
out of data collection features, which are identified below. You can learn more
about the types of data that we need to collect for our core service here:
https://branch.io/policies/#privacy. We collect limited device information to
improve our deep linking technology and to provide attribution and analytics
services, but we understand that some users would like to opt out of this data
processing.
BROWSER-BASED OPT-OUTS
Branch’s Browser Cookie Opt-Out: Our cookie-based opt-out can be accessed by
clicking here. This will place a Branch opt-out cookie on your browser. Where
Branch detects the presence of that opt-out cookie, we will no longer set
cookies (beyond the opt-out cookie itself). Due to the nature of the Services,
some functionality will be degraded or no longer work as a result. Cookie-based
opt-outs must be performed on each device and browser that you wish to have
opted-out. For example, if you have opted-out on your computer browser, that
opt-out will not be effective on your mobile device.
NAI Browser-Based Opt-Out: Branch is a member of the Network Advertising
Initiative (“NAI”), and adheres to its Codes of Conduct. NAI provides you with
the opportunity to opt-out (on a browser-by-browser basis) from data collection
by participating NAI members, including Branch. That opt-out is available here.
DEVICE-BASED OPT-OUTS & CHOICES
Mobile Device Identifier: To exercise the mobile device privacy settings
controls, please visit the privacy settings of your Android or iOS device and
select “opt-out of interest based ads” (Android) or “limit ad tracking” (Apple
iOS). Branch will only be able to collect information as permitted by these
settings.
Branch’s Device-Based Opt-Out: You can submit a request to opt-out of the Branch
Services on a particular device by submitting a request here. Due to the nature
of the Services, some functionality will be degraded or no longer work once that
request is executed.


PRIVACY POLICY

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PRIVACY POLICY









THE BRANCH GUIDING PRIVACY PRINCIPLES

Top
We are a linking and analytics platform for app and website developers. And we
are proud of our commitment to providing our services in a privacy-first way. So
we thought it would be helpful to lay out, in plain English, the Branch Guiding
Privacy Principles that drive how we’ve chosen to design our services with
privacy as a top priority. We further describe our privacy practices in the
official Privacy Policy below this section, but we hope you’ll find this summary
of our principles helpful.
 * We limit the data we collect. We practice data minimization, which means that
   we take steps to avoid collecting or storing information that we don’t need
   to provide our services. The personal data that we collect to provide our
   services is limited to data like advertising identifiers, IP address, and
   information derived from resettable cookies (the full list is below in our
   privacy policy). We do not collect or store information such as names, email
   addresses, physical addresses, or SSNs to provide our services. Nor do we
   want to. In fact, our Terms & Conditions prohibit our customers from
   providing Branch with any kind of sensitive end-user information.
 * We will only provide you with data about actual end-user activity on your
   apps or websites. Customers who subscribe to our linking and analytics
   platform can only access “earned” cookies or identifiers. This means that an
   end user must visit a customer’s site before our customer can see the cookie;
   and an end user must download a customer’s app in order for Branch to collect
   the end user’s advertising identifier for that customer. In short, the Branch
   services benefit customers who already have seen an end user across their
   platforms and want to understand the relationship between those web visits
   and app sessions.
 * We do not rent or sell customer end user data. No Branch customer can access
   another Branch customer’s end-user data. And we are not in the business of
   renting or selling any customer’s end-user data to anyone else. To enable
   customers to control their end-user personal data, they can request deletion
   here of that data at any time, whether in bulk or for a specific end user.
   These controls are available to customers worldwide, although we designed
   them to comply with the CCPA and GDPR requirements.

Beyond these principles stated above, Branch will continue to find ways to
design our services to respect end user privacy. We’re committed to making sure
our customers understand how we use data they entrust to us and how they can
control it so that they can, in turn, be transparent with their end users.


INTRODUCTION

Top
Branch Metrics, Inc. ( "Branch", "us", "our" or "we") offers a linking and
analytics platform enabling developers of applications (our "Clients")--whether
those applications are websites or "apps," and across different types of
devices--to improve their end users’ ("Users") cross-application experiences,
and to derive additional insights into how their Users download and utilize
those applications. Branch recognizes and believes that data privacy is
important to all Internet users, and therefore we design and operate our
services in a privacy-first manner.
This Privacy Policy is divided into three parts:
 * Collection and Use of Information from Our Services: This section explains
   how Branch collects and uses information about Users in connection with our
   linking and analytics products and services (the "Branch Services" or the
   "Services").
 * Collection and Use of Information from Our Website and for Marketing
   Purposes: This section explains how we collect and use information about our
   website visitors through our website located at branch.io (the “Website”),
   which includes the dashboard we provide to our Clients located at
   dashboard.branch.io. So, if you are a Client using our Branch dashboard, this
   section applies to the data we collect from you. It also explains how we
   collect information about potential Clients from vendors and other sources to
   enhance our marketing efforts.
 * Policies Applicable to Both Our Services & Our Website: This section lays out
   the parts of the Branch Privacy Policy that apply to both the Services and to
   the Website.


COLLECTION AND USE OF INFORMATION FROM OUR SERVICES


WHAT INFORMATION DOES BRANCH COLLECT FROM OUR SERVICES?

Top
Below, we explain what information we collect on behalf of our Clients through
the Services, and how we use it. We process information in a way that is
relevant for the purpose for which it was collected as described below.


THE BRANCH SERVICES: OVERVIEW

Top
Branch provides a variety of Services intended to help Clients understand the
use of their digital properties by their Users across a wide array of platforms,
devices and applications. Branch helps Clients by connecting User interactions
across siloed applications (email, SMS, web browsers, social platforms, native
applications and others), so that Clients understand the multiple steps that a
User took to ultimately complete a transaction with the Client. The Client can
use this information to better inform marketing and product decisions as well as
to provide improved user experiences by using their knowledge of continuity.
Branch has no direct relationship with Users. Branch’s Services are provided
when Branch Clients install on their platforms “Branch Mechanisms” (including
links, pixels, direct platform integrations, etc.) that capture User action on
behalf of the Client. Using the information collected from these Branch
Mechanisms, Branch uses a variety of attribution techniques to connect User
actions across different channels and platforms. Some of these attribution
techniques include a direct pass-through of identifiers from platform to
platform, creating and storing identifiers unique to the Branch platform to
connect User actions and identifiers together, and predictive modeling
algorithms using real-time and historical data parameters observed from User
interactions where there are no shared identifiers available, as well as using
historical connections Branch has derived over time using our technology. In
some cases, these connections are made without the use of cookies. These
techniques help Clients match Users with devices they use, including matching
the same User across multiple devices.
The key use cases of Branch’s Services are:
 * To support Clients in implementing deep linking, which uses Branch’s
   connection information in real time to improve the User experience.
   * For example, if a User clicks on a link in an email or ad to a specific
     page in a Client’s app, Branch helps the User get to that page after they
     download the app.
 * To report individualized and aggregated analytics metrics about the
   performance of the Client’s product and marketing initiatives to the Client
   directly.
   * For example, Branch can tell a Client how many Users that downloaded an app
     or that went to a specific page in an app came from clicking on a specific
     link, and provide corresponding advertising or other identifiers.
 * To assist the Client by presenting real time, targeted messaging to their
   Users depending on past behavior observed across the Client’s tracked
   platforms with the purpose of driving more engagement to the Client.
   * For example, Branch can use Branch Mechanisms to provide a tailored message
     like a coupon code or special offer in your website to users who have
     interacted with your app and/or website in the past.

Branch requires that each Client commit to disclose to Branch only information
that it has lawfully obtained (including, where necessary, by obtaining consent
from Users), and that it has the right to disclose to Branch. We strongly
discourage Clients from disclosing sensitive User information with us, as such
information is not necessary for the provision of the Services, and we prohibit
them from providing us with data relating to children under 13 (or, in certain
jurisdictions, under 16).
In the charts below, we summarize the information collected automatically by the
Services.


INFORMATION COLLECTED BY BRANCH LINKS AND PIXELS

Top
Branch collects the following information from URLs created by the Client (i.e.,
Branch Links) and pixels placed on Client websites. Branch Links may be embedded
into QR Codes as configured by the Client. Some of this information is
considered personal data under applicable law (in other words, information that
itself may identify a unique individual or can be linked back to an individual)
(“Personal Data”).
Type of Information Collected
Purpose
IP Address
Standard web HTTP request; used for attribution and to understand general
location
Cookie
Standard web cookies, used for device identification and attribution
Link Data
Metadata controlled by the Client, which may be used to interpret the data for
reporting, or for analytics
User Agent
Standard web browser user agent metadata; used for device identification and
attribution
Referer
Standard web browser HTTP referer; may be used for reporting and analytics
Request
Standard web HTTP request
Engagement Data
Information relating to the Client’s ad campaigns and User interactions, such as
clicks on Client ads, Client ad impressions viewed, audiences or segments to
which an ad campaign is attributed, type of ads and the webpage from which such
ads were displayed, and webpages on Client’s website visited by a User.
Other interactions, events and actions Clients choose to measure and analyze
within their website (e.g., add to cart, purchases made, clicks, engagement time
etc.).


INFORMATION COLLECTED BY BRANCH SDKS

Top
SDKs are Software Development Kits that include code that allows Clients to use
the Branch Services. The Branch Mobile App SDKs, Web SDKs, and Over-the-Top
(OTT) SDKs collect the following information when Clients use these SDKs in
their applications or websites, some of which may be considered Personal Data
under applicable law:
Type of Information Collected
Purpose
Advertising identifier (e.g., GAID, Android ID, IDFA, IDFV, RIDA)
Used for device identification and attribution
Branch Cookie ID
Used for device identification and attribution
IP Address
Standard web HTTP request; used for device identification, attribution, and to
understand general location
Referer
Standard web browser HTTP referer; may be used for reporting and analytics
Central Processing Unit (CPU) Type
Metadata feature used for device identification and attribution
System build version
Metadata feature used for device identification and attribution
Internet connection type
Metadata feature used for device identification and attribution
Application version
Metadata feature used for device identification and attribution
Device model
Metadata feature used for device identification and attribution
Manufacturer / Brand
Metadata feature used for device identification and attribution
Operating system
Metadata feature used for device identification and attribution
Operating system version
Metadata feature used for device identification and attribution
Screen size (height, width)
Metadata feature used for device identification and attribution
Screen resolution
Metadata feature used for device identification and attribution
Mobile network status (Wi-Fi, etc.)
Metadata feature used for device identification and attribution
Device locale (country and language)
Metadata feature used for device identification and attribution
Local IP address
Metadata feature used for device identification and attribution
Mobile platform
Metadata feature used for device identification and attribution
Branch SDK version
Metadata feature used for device identification and attribution
Developer ID
(optional) Client-supplied unique identifier; metadata feature Used for device
identification and attribution
Carrier ID
Metadata feature used for device identification and attribution
Environment
Metadata feature used for device identification and attribution
UI Mode
Metadata feature used for device identification and attribution
Engagement Data
Information relating to the Client’s ad campaigns and User interactions, such as
clicks on Client ads, Client ad impressions viewed, audiences or segments to
which an ad campaign is attributed, type of ads and the application page from
which such ads were displayed, pages on Client’s application visited by a User,
downloads, opt-in status for certain tracking mechanisms, and installations of
applications.
Other interactions, events and actions Clients choose to measure and analyze
within their application (e.g., add to cart, purchases made, clicks, engagement
time etc.).

In addition to the information identified above, the Branch Desktop SDKs collect
the following identifiers when Clients use these SDKs in their desktop
applications, some of which may be considered Personal Data under applicable
law:
Type of Information Collected
Purpose
MAC address
Used for device identification and attribution
Windows Advertising ID
Used for device identification and attribution
CPU ID
Used for device identification and attribution


INFORMATION COLLECTED BY OTHER PARTIES

Top
As part of Branch’s Services, Branch’s Clients may direct certain of their
vendors or business partners (such as an ad network or vendor) to provide
certain Engagement Data to Branch on the Client’s behalf.


HOW DOES BRANCH USE INFORMATION COLLECTED BY OUR SERVICES?

Top
Data Branch collects through the Services is processed:
 * to better understand how and from where Users come to download certain apps,
   what types of apps are popular, or to recognize browsers and devices that are
   likely to be operated by the same User.
 * to provide, maintain, optimize, research and improve the Branch Services we
   provide our Clients, including to support other Branch products and services,
   develop new products and services, and market products or services; to
   support the products and services of our Clients; and as permitted or
   required by applicable law.
 * to fulfill Clients’ and prospective Clients’ requests for the Services
   including processing data at the Client’s direction and transferring User
   data to them. Branch does not control how Clients use information Branch
   discloses to Clients, and Users should read Clients’ Privacy Policies to
   understand how they use information they receive from Branch.
 * to aggregate data across various sources, including data from various Clients
   or other parties.
 * to create reports based on aggregated information, which is information that
   cannot reasonably be linked back to any individual person or Client and
   disclose these reports to the public.
 * for anti-fraud protection and analysis relating to the Services to ensure
   more accurate attribution measurement, general fraud prevention, or where
   otherwise required by law.

We may aggregate and/or de-identify the data we collect through the Services.
After data has been aggregated and/or de-identified, Branch cannot use it to
personally identify an individual. We may use de-identified and/or aggregated
data for any purpose, including without limitation for research and marketing
purposes, and may also disclose such data to any other parties, including
business partners, Clients, and/or others.


OUR CLIENTS’ USE OF INFORMATION

Top
Our Clients may use the information collected via the Services to improve their
Users’ app experiences, customize their apps to Users, and to better understand
their app marketing programs and how Users discover their apps. For example, a
User may want to disclose information about a hotel that she found in a travel
app to a friend. When that User sends her friend a Branch link to that hotel,
after clicking the link the friend is brought directly to the content relating
to that hotel within the app, rather than landing on the app’s homepage and
having to search for the hotel. The travel app would also gain insights and
analytics as to how the content is being disclosed from its app.
We require that our Clients utilize our Services responsibly and in accordance
with our Terms & Conditions. Branch is not responsible for the data practices of
any of our Clients through the Services or otherwise. Each Client’s practices
are subject to each Client’s individual privacy policy. Users should review the
privacy policy of each Client to understand how that Client uses User
information collected through the Services.


USER CHOICES

Top
Branch recognizes a number of consumer choice mechanisms. Due to the nature of
the Services, some functionality may be degraded or no longer work as a result
if you exercise certain of the opt-outs below.
Branch’s Browser Cookie Opt-Out: Our cookie-based opt-out can be accessed by
clicking here. This will place a Branch opt-out cookie on your browser. Where
Branch detects the presence of that opt-out cookie, we will no longer read or
set cookies (beyond the opt-out cookie itself). Cookie-based opt outs must be
performed on each device and browser that you wish to have opted-out. For
example, if you have opted-out on your computer browser, that opt out will not
be effective on your mobile device.
NAI Browser-Based Opt-Out: Branch is a member of the Network Advertising
Initiative (“NAI”) and adheres to its Code of Conduct. NAI provides you with the
opportunity to opt out (on a browser-by-browser basis) from interest-based
advertising by participating NAI members, including Branch. That opt-out is
available here.
Device-Based Opt-Out: You can submit a request to opt out of the Branch Services
on a particular device by submitting a request here.
Device Identifiers: To use your device’s privacy settings controls, please visit
the privacy settings menu of your device to review and access the privacy
controls made available on the device. Branch will only be able to collect
information from the device as permitted by these settings.
Client App Opt-out Controls: Branch‘s SDK Privacy Controls allow Clients to
respect granular controls regarding User data. Clients can flag in the Branch
SDK that a particular User’s data should not be processed by Branch, in which
case Branch will no longer process engagement data on behalf of the Client for
that User.
Engagement Builder: Branch's Engagement Builder feature may be used to help
Clients conduct re-engagement and re-targeting campaigns. We require that
Clients using Branch’s Engagement Builder feature for such purposes respect User
opt-out preferences passed to them by Branch.


COLLECTION AND USE OF INFORMATION FROM OUR WEBSITE AND FOR MARKETING PURPOSES


WHAT INFORMATION DOES BRANCH COLLECT ABOUT WEBSITE VISITORS AND POTENTIAL
CUSTOMERS?

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Branch collects information from Website visitors (“you” or “Website Users”)
located at www.branch.io ( the “Website”), which includes the dashboard provided
to our Clients located at dashboard.branch.io. The types of information we may
collect and our privacy practices depend on the nature of the relationship you
have with us and the requirements of applicable law. Below are the legal bases
and some of the ways we collect information and how we use it. We process
information in a way that is relevant for the purpose for which it was collected
as described below.


WHAT WE COLLECT FROM CLIENTS THAT USE THE WEBSITE

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Branch collects Personal Data and non-personal data via the Website. For
example, when Clients register to use our Services, we ask them to provide us
with Personal Data, including first and last name and email address.
Dashboard Information: Information we collect from visitors who register for an
account on our dashboard includes the following, some of which is considered
Personal Data under applicable law:
Type of Information Collected
Purpose
IP Address
Standard web HTTP request; may be used for limited security login controls
Cookie (ours)
Standard web cookie used for dashboard session management
Cookie (other-party)
Other-party web tracking tools used for business intelligence
First, Last Name
Used for team user identification
Work Email
Used as the primary login identifier
Password
Account registration, secure our Services and prevent fraud
Account Holder Primary Role
Account registration, tell Clients about products and services offered by Branch
and Branch’s selected partners
User Agent
Standard web browser user agent metadata; may be used for limited security login
controls
Referer
Standard web browser HTTP referer; may be used for general internal business
analytics
Request
Standard web HTTP request; may be used for general internal business analytics
Github ID
(optional) Can be used as a login method
Billing information
Payment account registration
Log Data
Provide the Services, tell Clients about products and services offered by Branch
and Branch’s selected partners, personalize our experience, secure our Services
and prevent fraud, and defend our legal rights and comply with the law
Account holder feedback
Help us improve your experience on the account dashboard

When a Client creates an account and uses the Services, Branch may collect
certain log data, such as IP address from which a Client is connecting to the
Services, information related to the device being used to connect to the
Services (e.g., browser type and version, device type, OS version) and the
features and functions of the Services used by the Client (“Log Data”).
We also require Clients to set up a user ID and unique password for account
security purposes. Clients must not disclose their passwords to anyone. Clients
also have the option of adding other team members to their account. This account
information enables us to set up an account for Clients, to provide the
Services, and to otherwise manage Client accounts. We may also use this
information to notify Clients about updates to our Services and provide them
with promotional emails. We offer a mechanism to opt out from promotional emails
as described in the “Opt-Out from Promotional Emails” section below.
Account and Billing Information: To the extent that we charge a fee for the
Services, we may also collect limited billing, payment, and contract information
from Clients through our payment and contract vendors.
Connection Information with Other Parties: Some features of the dashboard
Services allow you to disclose your information through your accounts to other
companies such as Facebook and Google. If you choose to connect Branch to such
services provided by other parties, we may collect information related to your
use of those services provided by other parties, such as authentication tokens
that allow us to connect to your accounts with those other parties. We will ask
you for permission before you authorize our collection of this information. We
may also collect information about how you are using the Services to interact
with those connected services.
Information from Other Sources: In addition to the information collected through
our Website, we or our vendors may obtain and disclose additional information,
such as job title or contact information, from other public and non-public
sources such as business websites, social networking platforms, or databases
maintained by other parties. We use this information to better enable Branch to
identify and contact businesses that might be interested in engaging our
Services, and to gain a better understanding of a potential Client’s business
needs.
Communications with Branch: Some Website Users may provide Personal Data to
Branch by sending us an email or filling out an online form on the Website. We
use this information to answer their question(s), and may store that information
for our record keeping, marketing, and advertising purposes.
Research/Survey Solicitations: From time to time, we may perform research
(online and offline) via surveys. We may engage vendors to conduct such surveys
on our behalf. All survey responses are voluntary, and the information collected
will be used for research and reporting purposes to help us better serve
individuals by learning more about their needs and the quality of the products
and services we provide. The survey responses may be utilized to determine the
effectiveness of our Website, various types of communications, advertising
campaigns and/or promotional activities.
Cookies, Pixels and Web Beacons: We also collect other data via the Website from
Website Users, including Website Users employed by or affiliated with Clients,
through cookies and/or web beacons. Such information, some of which may be
considered Personal Data under applicable law, may include IP address, pages
viewed, browser type, Internet browsing and usage habits, how you browse and
navigate the Website, Internet Service Provider, domain name, the time/date of
your visit to the Website, the referring URL, and your computer’s operating
system. For example, we may collect on a real-time basis information on how you
use and navigate the Website.
If you permit the use of cookies and web beacons when you visit and continue to
use the Website, we will collect information through those tools. Cookies are
small data files stored on your hard drive by a website and web beacons are
electronic images that may be used on our Website or in our emails. Cookies help
us improve your experience on the Website as well as our marketing activities.
We use cookies to see which areas and features are popular and to count visits
to our Website. For more information about cookies and web beacons, please visit
https://www.cookiepro.com/knowledgebase/knowledge_categories/cookies-101/. For
more information about how to opt-out of cookies and web beacons after you have
consented to their use, see the “Opt-out from Website Cookies/Web Beacons”
section below.


HOW DOES BRANCH USE THE INFORMATION COLLECTED?

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Branch processes the data described in the section above for the following
purposes:
 * to provide, maintain, optimize, research and improve the Website;
 * to fulfill your and prospective Clients’ requests for the Services;
 * to send information about the Services including confirmations, invoices,
   payment processing, technical notices, updates, security alerts, and support
   and administrative messages;
 * to communicate about products and services offered by Branch and Branch's
   selected partners. We receive opt-in consent to send promotional and
   marketing messages to Website Users where required by applicable law. You can
   opt-out of receiving these messages at any time as described below in the
   section titled: “Opt-out from Promotional Emails”;
 * to conduct research;
 * to manage your information and account, to improve and administer our
   Website, to contact Website Users to answer questions or resolve problems, or
   to verify your identity;
 * to conduct research to help us to optimally deliver our existing Services or
   develop new products, processes and services;
 * for ad delivery and reporting purposes and to create data and analytics
   products and services;
 * to make the Website easier to use by reducing the need for Clients and
   Website Users to enter information;
 * for other purposes disclosed to you at the time you provide data to us;
 * with your consent; or
 * where Branch otherwise has a legitimate interest in collecting the data, such
   as direct marketing, individual or market research, product improvement,
   anti-fraud protection, protecting the safety of us, our Website Users, or
   other parties, or where required by law.


OPT-OUT & DO NOT TRACK - YOUR CHOICE MECHANISMS

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In some cases, we rely on your consent to process Personal Data about you. In
those cases, and where you have consented to Branch's processing of your
Personal Data in connection with your use of the Website, you may withdraw that
consent at any time by following the instructions below. Additionally, before we
use Personal Data collected with your consent for any new purpose not originally
authorized by you, we will provide information regarding the new purpose and ask
for your consent for the new purpose. Where your consent for the processing of
Personal Data is otherwise required by law or contract, we will comply with the
law or contract. In other cases, we do not rely on your consent to process
Personal Data about you (for example, if we have a different legal basis to
process that data).


OPT OUT FROM PROMOTIONAL EMAILS

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You can opt-out of receiving promotional emails from us by following the
instructions in those emails, or by filling out this form. You can also opt-out
of certain categories of emails using this form. If you opt-out using any of
these tools, we may still send you non-promotional emails, such as certain
updates about your account or updates to our Terms & Conditions and this Privacy
Policy and/or use of the Services.


OPT OUT FROM WEBSITE COOKIES/WEB BEACONS

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We will only use cookies consistent with your cookie settings and permissions
granted on our Website. If you permit us to use cookies/web beacons as discussed
above (“What Information Does Branch Collect from our Website”), but would like
to opt-out:
 * For dashboard users, visit https://dashboard.branch.io/account-settings/user,
   and toggle off “Cookie Consent”.
 * For all other users, click on “Cookie Consent” at the bottom right-hand
   corner of our homepage (https://branch.io/), and click on the opt-out link.

Also, you can choose to set your browser to remove cookies and to reject
cookies. To exercise the "Do Not Track" settings available on certain web
browsers, please visit the privacy settings of your browser. Where Branch is
able to see that such a selection has been made, we will not use information
collected from that device to target advertising on that browser. Dashboard
users must use the “Cookie Consent” feature to revoke permission to place
cookies. Please note that "Do Not Track" is a different privacy mechanism than
the Global Privacy Control browser choice referenced below.
Note that, even if you opt out, we may still collect and use non-personal data
regarding your activities on our Website. This also does not opt you out of
being served advertising altogether; you will continue to receive generic
advertisements.


VENDOR TOOLS/ANALYTICS ON THE WEBSITE

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The Website utilizes tracking tools from vendors, which may enable these vendors
to analyze our Website traffic for analytics purposes. Some of these vendors may
collect information from this Website for retargeting and interest-based
advertising purposes. For more information about these forms of ad targeting and
to understand your right to opt-out from these practices, please visit
http://www.aboutads.info/choices/. All of these tools are hosted by the parties
who provide them, and your interactions with these features are governed by the
privacy policies of the parties providing them. These tools include, but are not
limited to, those below.
Google. We may use Google Analytics and Google Analytics Demographics and
Interest Reporting to collect information regarding visitor behavior and visitor
demographics on our Website, and to develop website content. For more
information about Google Analytics, please visit
www.google.com/policies/privacy/partners/. You can opt-out of Google’s
collection and processing of data generated by your use of the Website by going
to http://tools.google.com/dlpage/gaoptout.
Mixpanel. We use a service provided by Mixpanel, Inc. (“Mixpanel”) to provide us
with analytics data regarding Website Users’ interactions with our Website and
Services. You may opt-out of Mixpanel’s automatic retention of data that is
collected while using the Services by visiting https://mixpanel.com/optout/. To
track opt-outs, Mixpanel uses a persistent opt-out cookie placed on your device.
Please note that if you get a new computer, install a new browser, erase or
otherwise alter the browser’s cookie file (including upgrading certain
browsers), you may delete the Mixpanel opt-out cookie.
Facebook. We may use certain tools offered by Facebook, Inc. (“Facebook”) that
enable it to collect or receive information about actions Website Users take on
our Website through use of cookies, web beacons and other storage technologies
or in order to provide measurement services, targeted ads and other services.
For more information regarding the collection and use of such information by
Facebook, please see the Facebook Data Policy, available at:
https://www.facebook.com/policy.php.
Drift. We use certain tools offered by Drift to power our Website’s live-chat
experience. If you provide information about yourself through that live-chat
experience, then we may store that information for marketing purposes. Drift may
also infer information about the company that you work for you based on your IP
address.


POLICIES APPLICABLE TO BOTH OUR SERVICES & OUR WEBSITE


WHEN DOES BRANCH DISCLOSE INFORMATION?

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In addition to the ways described in our Terms & Conditions and this Privacy
Policy, Branch may also disclose information to others under the following
circumstances:
 * With vendors, consultants and other parties who work for us and need access
   to information we collect to do that work.
 * With our Clients and their agents, as described in this Policy.
 * To other parties (such as advertising networks or vendors used by our
   Clients), as directed by our Clients.
 * To comply with laws or to respond to lawful requests and legal process
   including to meet national security or law enforcement requirements, and in
   order to investigate, prevent, or take action regarding suspected, or actual,
   prohibited activities, including but not limited to fraud and situations
   involving potential threats to the physical safety of any person.
 * To protect the rights and property of Branch, our agents, Clients, Users,
   Website Users, and others including to enforce our agreements, policies, and
   Terms & Conditions.
 * To Branch’s subsidiaries and affiliates as necessary to help us provide,
   support, and maintain the Services.
 * In connection with or during negotiation of any merger, sale of company
   assets, financing, or acquisition of all or a portion of our business to
   another company.


UPDATING YOUR INFORMATION AND CONTACT PREFERENCES

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We provide Clients with a mechanism to access, review and update information via
the dashboard. If you wish to review or update your information, please visit
branch.io and login using the username and password you created. Next, please
select “Account Settings” which can be found in the lower left corner of the
dashboard screen, then select the “User” tab near the top. If you would like to
delete your account, please email support@branch.io.


WE SECURE THE INFORMATION WE COLLECT

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Securing the information provided by our Clients and collected through our
Website is important to us. Branch has implemented industry-standard technical,
administrative, and physical safeguards to help protect the information on our
servers against unauthorized access, alteration, disclosure or destruction. You
are responsible for maintaining the secrecy of your own passwords. If you have
reason to believe that your passwords or Personal Data are no longer secure,
please promptly notify us at privacy@branch.io.


OUR DATA RETENTION POLICY

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For our Services: Branch stores the information collected by our Services (see
the “What Information Does Branch Collect from our Services?” section above) so
long as our systems continue to encounter that User. After that User has been
inactive for 30 days (or 90 days for specific attribution products), identifiers
collected from that User will be deleted unless otherwise required by applicable
law or otherwise agreed between Branch and the Client.
Usage activity logs, which are used for the purpose of reporting and analytics,
are stored in an identifiable form for no more than 7 days (or up to 60 days as
determined by the Client or for specific fields), after which these logs are
removed or pseudonymized. Any and all pseudonymized logs are deleted after 12
months, unless otherwise required by applicable law or otherwise agreed between
Branch and the Client.
Aggregated reporting metrics disclosed to Clients are retained (in aggregate and
anonymized form) for up to 24 months, unless otherwise required by applicable
law or otherwise agreed between Branch and the Client.
Branch may retain information collected by our Services beyond these periods for
fraud prevention, analysis, or response, or to protect the safety of Branch, its
Clients, Users or the public.
For the Website: We store Personal Data such as email address or billing details
for so long as you continue to have a business relationship with Branch and for
a reasonable time thereafter for record-keeping purposes. If applicable to you,
you may ask us to delete that information as described in the “Data Subject
Rights” section below or pursuant to your right of erasure as described in the
“Data Subject Rights” section below.


LINKS TO OTHER WEBSITES

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The Website and/or Services may contain links to other websites and other
websites may reference or link to our Website and/or Services. These other
domains and websites are not controlled by Branch, and we do not endorse or make
any representations about websites or social media platforms operated by other
parties. We encourage you to read the privacy policies of each and every website
and application that you interact with. We do not endorse, screen, or approve,
and are not responsible for the privacy practices or content of such other
websites or applications. Visiting these other websites or applications is at
your own risk.


INTERNATIONAL DATA TRANSFERS

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All information collected via the Website and Services is stored on servers
located in the United States. In the process of providing the Services, we may
transfer information across borders from other countries or jurisdictions into
the United States. Data protection laws in the United States may differ from
your country, and the data Branch processes may be accessible to law enforcement
and national security authorities under certain circumstances. By using the
Services, each Client and Website User consents to the transfer and processing
of information to the U.S. in accordance with this Privacy Policy. Data
transfers from the European Union, United Kingdom, and Switzerland are
transferred on the basis of legal mechanisms approved by the European Commission
and other relevant authorities for cross-border data transfers, such as Standard
Contractual Clauses or the Privacy Shield mechanism discussed in the “Privacy
Shield For EU, UK, and Swiss Personal Data Transferred into the United States”
section below.


PRIVACY SHIELD FOR EU, UK, AND SWISS PERSONAL DATA TRANSFERRED INTO THE UNITED
STATES

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Branch complies with the E.U.-U.S. Privacy Shield Framework and the Swiss-US
Privacy Shield Framework as set forth by the U.S. Department of Commerce
regarding the collection, use, and retention of Personal Data from European
Union member countries (including European Economic Area member countries), the
United Kingdom, and Switzerland transferred to the United States pursuant to
Privacy Shield. Branch recognizes that the Court of Justice of the European
Union ruled in July 2020 that a certification under the EU-U.S. Privacy Shield
Framework no longer can serve as the basis by which entities subject to the GDPR
export personal data to jurisdictions outside the European Economic Area, and
that the Swiss Data Protection Authority similarly held the Swiss-US Privacy
Shield inadequate. Branch will continue to honor its obligation to comply with
the Privacy Shield Principles with respect to data that was transferred pursuant
to the EU-U.S. and Swiss-U.S. Privacy Shield Framework. If there is any conflict
between the policies in this Privacy Policy and data subject rights under the
Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn
more about the Privacy Shield program, and to view our certification page,
please visit https://www.privacyshield.gov.
Branch no longer relies on the EU-U.S. Privacy Shield to transfer data that
originated in the EEA or the United Kingdom to the U.S.
Branch is subject to the investigatory and enforcement authority of the US
Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks we are obliged to inform EU, UK, and
Swiss individuals whose data is being transferred into the United States that we
may be required to release Personal Data in response to lawful requests by
public authorities including to meet national security and law enforcement
requirements.
Branch remains liable for the onward transfer of EU, UK, and Swiss personal data
to other parties pursuant to the Privacy Shield unless we can prove we were not
a party to the actions giving rise to the damages.
We acknowledge the right of EU, UK, and Swiss individuals to access their
Personal Data pursuant to the Privacy Shield. EU, UK, and Swiss individuals
wishing to exercise this right may do so by contacting privacy@branch.io.
In compliance with the Privacy Shield Principles, Branch commits to resolve
complaints about your privacy and our collection or use of your personal
information transferred to the United States pursuant to Privacy Shield.
European Union, UK, and Swiss individuals with Privacy Shield inquiries or
complaints should first contact Branch at:
Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at privacy@branch.io
Branch has further committed to refer unresolved privacy complaints under the
Privacy Shield Principles to an independent dispute resolution mechanism, the
BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive
timely acknowledgment of your complaint, or if your complaint is not
satisfactorily addressed, please visit
http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and
to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels,
under certain conditions, you may invoke binding arbitration for some residual
claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at
https://www.privacyshield.gov/article?id=ANNEX-I-introduction.


DATA SUBJECT RIGHTS

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California Consumer Privacy Act
The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
natural persons who are residents of California. Our CCPA privacy notice is
available here.
Rights of Residents of the European Economic Area and United Kingdom
The European General Data Protection Regulation of 2018 (“GDPR”) and equivalent
requirements in the United Kingdom including the Data Protection Act 2018 and
the United Kingdom General Data Protection Regulation (“UK Data Protection Law”)
provides certain rights to residents of Europe. Information on how you can
exercise rights under the GDPR and UK Data Protection Law are set forth here.
Lei Geral de Proteção de Dados
Lei Geral de Proteção de Dados (“LGPD”) provides certain rights to residents of
Brazil. Information on how you can exercise rights under the LGPD are set forth
here.


OUR POLICY REGARDING CHILDREN

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Services: The Branch Services are not directed to children. We require that
Clients agree to not send to us data relating to any children under 13 (or, in
certain jurisdictions, under 16). If you are a Client and want to learn more
about Branch SDK Privacy Controls that you can use in your compliance with the
U.S. Children’s Online Privacy Protection Act (COPPA), GDPR, or any other
applicable law, please contact privacy@branch.io.
If you believe that we might have any information from or about a child under 13
(and in certain jurisdictions under 16) in violation of applicable law, please
contact us at privacy@branch.io, so that Branch can promptly investigate and
delete any information that it may have been provided inappropriately as
required by law.
Website: The Branch Website is not directed to children. We do not knowingly
collect through the Website Personal Data from anyone under the age of 16. If
you are under 16, please do not attempt to register or send any information
about yourself to us, including your name, address, telephone number, or email
address. No one under 16 may provide any Personal Data to us. In the event that
we learn that we have collected any such data from a child under 16 through our
Website, we will take reasonable steps to delete that information as quickly as
possible. If you believe that we might have any information from or about a
child under 16, please contact us at privacy@branch.io, so that Branch can
promptly investigate and delete any inappropriately obtained information as
required by law.


CONTACT US, QUESTIONS, CHANGES TO THIS PRIVACY POLICY

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We may change this Privacy Policy at any time in our sole discretion. We will
post all changes to this Privacy Policy on this page and will indicate at the
top of the page the modified Privacy Policy’s effective date. If you have any
questions or suggestions regarding this Privacy Policy, please contact us at:
Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at info@branch.io


COMPLIANCE

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This Privacy Policy shall be implemented by Branch and all its operating
divisions, subsidiaries and affiliates. Branch has put in place mechanisms to
verify ongoing compliance with this Privacy Policy.

EFFECTIVE APRIL 7, 2023  TO  MAY 8, 2023

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TABLE OF CONTENTS

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PRIVACY POLICY









THE BRANCH GUIDING PRIVACY PRINCIPLES

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We are a linking and analytics platform for app and website developers. And we
are proud of our commitment to providing our services in a privacy-first way. So
we thought it would be helpful to lay out, in plain English, the Branch Guiding
Privacy Principles that drive how we’ve chosen to design our services with
privacy as a top priority. We further describe our privacy practices in the
official Privacy Policy below this section, but we hope you’ll find this summary
of our principles helpful.
 * We limit the data we collect. We practice data minimization, which means that
   we take steps to avoid collecting or storing information that we don’t need
   to provide our services. The personal data that we collect to provide our
   services is limited to data like advertising identifiers, IP address, and
   information derived from resettable cookies (the full list is below in our
   privacy policy). We do not collect or store information such as names, email
   addresses, physical addresses, or SSNs to provide our services. Nor do we
   want to. In fact, our Terms & Conditions prohibit our customers from
   providing Branch with any kind of sensitive end-user information.
 * We will only provide you with data about actual end-user activity on your
   apps or websites. Customers who subscribe to our linking and analytics
   platform can only access “earned” cookies or identifiers. This means that an
   end user must visit a customer’s site before our customer can see the cookie;
   and an end user must download a customer’s app in order for Branch to collect
   the end user’s advertising identifier for that customer. In short, the Branch
   services benefit customers who already have seen an end user across their
   platforms and want to understand the relationship between those web visits
   and app sessions.
 * We do not rent or sell customer end user data. No Branch customer can access
   another Branch customer’s end-user data. And we are not in the business of
   renting or selling any customer’s end-user data to anyone else. To enable
   customers to control their end-user personal data, they can request deletion
   here of that data at any time, whether in bulk or for a specific end user.
   These controls are available to customers worldwide, although we designed
   them to comply with the CCPA and GDPR requirements.

Beyond these principles stated above, Branch will continue to find ways to
design our services to respect end user privacy. We’re committed to making sure
our customers understand how we use data they entrust to us and how they can
control it so that they can, in turn, be transparent with their end users.


INTRODUCTION

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Branch Metrics, Inc. ( "Branch", "us", "our" or "we") offers a linking and
analytics platform enabling developers of applications (our "Clients")--whether
those applications are websites or "apps," and across different types of
devices--to improve their end users’ ("Users") cross-application experiences,
and to derive additional insights into how their Users download and utilize
those applications. Branch recognizes and believes that data privacy is
important to all Internet users, and therefore we design and operate our
services in a privacy-first manner.
This Privacy Policy is divided into three parts:
 * Collection and Use of Information from Our Services: This section explains
   how Branch collects and uses information about Users in connection with our
   linking and analytics products and services (the "Branch Services" or the
   "Services").
 * Collection and Use of Information from Our Website and for Marketing
   Purposes: This section explains how we collect and use information about our
   website visitors through our website located at branch.io (the “Website”),
   which includes the dashboard we provide to our Clients located at
   dashboard.branch.io. So, if you are a Client using our Branch dashboard, this
   section applies to the data we collect from you. It also explains how we
   collect information about potential Clients from vendors and other sources to
   enhance our marketing efforts.
 * Policies Applicable to Both Our Services & Our Website: This section lays out
   the parts of the Branch Privacy Policy that apply to both the Services and to
   the Website.


COLLECTION AND USE OF INFORMATION FROM OUR SERVICES


WHAT INFORMATION DOES BRANCH COLLECT FROM OUR SERVICES?

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Below, we explain what information we collect on behalf of our Clients through
the Services, and how we use it. We process information in a way that is
relevant for the purpose for which it was collected as described below.


THE BRANCH SERVICES: OVERVIEW

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Branch provides a variety of Services intended to help Clients understand the
use of their digital properties by their Users across a wide array of platforms,
devices and applications. Branch helps Clients by connecting User interactions
across siloed applications (email, SMS, web browsers, social platforms, native
applications and others), so that Clients understand the multiple steps that a
User took to ultimately complete a transaction with the Client. The Client can
use this information to better inform marketing and product decisions as well as
to provide improved user experiences by using their knowledge of continuity.
Branch has no direct relationship with Users. Branch’s Services are provided
when Branch Clients install on their platforms “Branch Mechanisms” (including
links, pixels, direct platform integrations, etc.) that capture User action on
behalf of the Client. Using the information collected from these Branch
Mechanisms, Branch uses a variety of attribution techniques to connect User
actions across different channels and platforms. Some of these attribution
techniques include a direct pass-through of identifiers from platform to
platform, creating and storing identifiers unique to the Branch platform to
connect User actions and identifiers together, and predictive modeling
algorithms using real-time and historical data parameters observed from User
interactions where there are no shared identifiers available, as well as using
historical connections Branch has derived over time using our technology. In
some cases, these connections are made without the use of cookies. These
techniques help Clients match Users with devices they use, including matching
the same User across multiple devices.
The key use cases of Branch’s Services are:
 * To support Clients in implementing deep linking, which uses Branch’s
   connection information in real time to improve the User experience.
   * For example, if a User clicks on a link in an email or ad to a specific
     page in a Client’s app, Branch helps the User get to that page after they
     download the app.
 * To report individualized and aggregated analytics metrics about the
   performance of the Client’s product and marketing initiatives to the Client
   directly.
   * For example, Branch can tell a Client how many Users that downloaded an app
     or that went to a specific page in an app came from clicking on a specific
     link, and provide corresponding advertising or other identifiers.
 * To assist the Client by presenting real time, targeted messaging to their
   Users depending on past behavior observed across the Client’s tracked
   platforms with the purpose of driving more engagement to the Client.
   * For example, Branch can use Branch Mechanisms to provide a tailored message
     like a coupon code or special offer in your website to users who have
     interacted with your app and/or website in the past.

Branch requires that each Client commit to disclose to Branch only information
that it has lawfully obtained (including, where necessary, by obtaining consent
from Users), and that it has the right to disclose to Branch. We strongly
discourage Clients from disclosing sensitive User information with us, as such
information is not necessary for the provision of the Services, and we prohibit
them from providing us with data relating to children under 13 (or, in certain
jurisdictions, under 16).
In the charts below, we summarize the information collected automatically by the
Services.


INFORMATION COLLECTED BY BRANCH LINKS AND PIXELS

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Branch collects the following information from URLs created by the Client (i.e.,
Branch Links) and pixels placed on Client websites. Branch Links may be embedded
into QR Codes as configured by the Client. Some of this information is
considered personal data under applicable law (in other words, information that
itself may identify a unique individual or can be linked back to an individual)
(“Personal Data”).
Type of Information Collected
Purpose
IP Address
Standard web HTTP request; used for attribution and to understand general
location
Cookie
Standard web cookies, used for device identification and attribution
Link Data
Metadata controlled by the Client, which may be used to interpret the data for
reporting, or for analytics
User Agent
Standard web browser user agent metadata; used for device identification and
attribution
Referer
Standard web browser HTTP referer; may be used for reporting and analytics
Request
Standard web HTTP request
Engagement Data
Information relating to the Client’s ad campaigns and User interactions, such as
clicks on Client ads, Client ad impressions viewed, audiences or segments to
which an ad campaign is attributed, type of ads and the webpage from which such
ads were displayed, and webpages on Client’s website visited by a User.
Other interactions, events and actions Clients choose to measure and analyze
within their website (e.g., add to cart, purchases made, clicks, engagement time
etc.).


INFORMATION COLLECTED BY BRANCH SDKS

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SDKs are Software Development Kits that include code that allows Clients to use
the Branch Services. The Branch Mobile App SDKs, Web SDKs, and Over-the-Top
(OTT) SDKs collect the following information when Clients use these SDKs in
their applications or websites, some of which may be considered Personal Data
under applicable law:
Type of Information Collected
Purpose
Advertising identifier (e.g., GAID, Android ID, IDFA, IDFV, RIDA)
Used for device identification and attribution
Branch Cookie ID
Used for device identification and attribution
IP Address
Standard web HTTP request; used for device identification, attribution, and to
understand general location
Referer
Standard web browser HTTP referer; may be used for reporting and analytics
Central Processing Unit (CPU) Type
Metadata feature used for device identification and attribution
System build version
Metadata feature used for device identification and attribution
Internet connection type
Metadata feature used for device identification and attribution
Application version
Metadata feature used for device identification and attribution
Device model
Metadata feature used for device identification and attribution
Manufacturer / Brand
Metadata feature used for device identification and attribution
Operating system
Metadata feature used for device identification and attribution
Operating system version
Metadata feature used for device identification and attribution
Screen size (height, width)
Metadata feature used for device identification and attribution
Screen resolution
Metadata feature used for device identification and attribution
Mobile network status (Wi-Fi, etc.)
Metadata feature used for device identification and attribution
Device locale (country and language)
Metadata feature used for device identification and attribution
Local IP address
Metadata feature used for device identification and attribution
Mobile platform
Metadata feature used for device identification and attribution
Branch SDK version
Metadata feature used for device identification and attribution
Developer ID
(optional) Client-supplied unique identifier; metadata feature Used for device
identification and attribution
Carrier ID
Metadata feature used for device identification and attribution
Environment
Metadata feature used for device identification and attribution
UI Mode
Metadata feature used for device identification and attribution
Engagement Data
Information relating to the Client’s ad campaigns and User interactions, such as
clicks on Client ads, Client ad impressions viewed, audiences or segments to
which an ad campaign is attributed, type of ads and the application page from
which such ads were displayed, pages on Client’s application visited by a User,
downloads, opt-in status for certain tracking mechanisms, and installations of
applications.
Other interactions, events and actions Clients choose to measure and analyze
within their application (e.g., add to cart, purchases made, clicks, engagement
time etc.).

In addition to the information identified above, the Branch Desktop SDKs collect
the following identifiers when Clients use these SDKs in their desktop
applications, some of which may be considered Personal Data under applicable
law:
Type of Information Collected
Purpose
MAC address
Used for device identification and attribution
Windows Advertising ID
Used for device identification and attribution
CPU ID
Used for device identification and attribution


INFORMATION COLLECTED BY OTHER PARTIES

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As part of Branch’s Services, Branch’s Clients may direct certain of their
vendors or business partners (such as an ad network or vendor) to provide
certain Engagement Data to Branch on the Client’s behalf.


HOW DOES BRANCH USE INFORMATION COLLECTED BY OUR SERVICES?

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Data Branch collects through the Services is processed:
 * to better understand how and from where Users come to download certain apps,
   what types of apps are popular, or to recognize browsers and devices that are
   likely to be operated by the same User.
 * to provide, maintain, optimize, research and improve the Branch Services we
   provide our Clients, including to support other Branch products and services,
   develop new products and services, and market products or services; to
   support the products and services of our Clients; and as permitted or
   required by applicable law.
 * to fulfill Clients’ and prospective Clients’ requests for the Services
   including processing data at the Client’s direction and transferring User
   data to them. Branch does not control how Clients use information Branch
   discloses to Clients, and Users should read Clients’ Privacy Policies to
   understand how they use information they receive from Branch.
 * to aggregate data across various sources, including data from various Clients
   or other parties.
 * to create reports based on aggregated information, which is information that
   cannot reasonably be linked back to any individual person or Client and
   disclose these reports to the public.
 * for anti-fraud protection and analysis relating to the Services to ensure
   more accurate attribution measurement, general fraud prevention, or where
   otherwise required by law.

We may aggregate and/or de-identify the data we collect through the Services.
After data has been aggregated and/or de-identified, Branch cannot use it to
personally identify an individual. We may use de-identified and/or aggregated
data for any purpose, including without limitation for research and marketing
purposes, and may also disclose such data to any other parties, including
business partners, Clients, and/or others.


OUR CLIENTS’ USE OF INFORMATION

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Our Clients may use the information collected via the Services to improve their
Users’ app experiences, customize their apps to Users, and to better understand
their app marketing programs and how Users discover their apps. For example, a
User may want to disclose information about a hotel that she found in a travel
app to a friend. When that User sends her friend a Branch link to that hotel,
after clicking the link the friend is brought directly to the content relating
to that hotel within the app, rather than landing on the app’s homepage and
having to search for the hotel. The travel app would also gain insights and
analytics as to how the content is being disclosed from its app.
We require that our Clients utilize our Services responsibly and in accordance
with our Terms & Conditions. Branch is not responsible for the data practices of
any of our Clients through the Services or otherwise. Each Client’s practices
are subject to each Client’s individual privacy policy. Users should review the
privacy policy of each Client to understand how that Client uses User
information collected through the Services.


USER CHOICES

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Branch recognizes a number of consumer choice mechanisms. Due to the nature of
the Services, some functionality may be degraded or no longer work as a result
if you exercise certain of the opt-outs below.
Branch’s Browser Cookie Opt-Out: Our cookie-based opt-out can be accessed by
clicking here. This will place a Branch opt-out cookie on your browser. Where
Branch detects the presence of that opt-out cookie, we will no longer read or
set cookies (beyond the opt-out cookie itself). Cookie-based opt outs must be
performed on each device and browser that you wish to have opted-out. For
example, if you have opted-out on your computer browser, that opt out will not
be effective on your mobile device.
NAI Browser-Based Opt-Out: Branch is a member of the Network Advertising
Initiative (“NAI”) and adheres to its Code of Conduct. NAI provides you with the
opportunity to opt out (on a browser-by-browser basis) from interest-based
advertising by participating NAI members, including Branch. That opt-out is
available here.
Device-Based Opt-Out: You can submit a request to opt out of the Branch Services
on a particular device by submitting a request here.
Device Identifiers: To use your device’s privacy settings controls, please visit
the privacy settings menu of your device to review and access the privacy
controls made available on the device. Branch will only be able to collect
information from the device as permitted by these settings.
Client App Opt-out Controls: Branch‘s SDK Privacy Controls allow Clients to
respect granular controls regarding User data. Clients can flag in the Branch
SDK that a particular User’s data should not be processed by Branch, in which
case Branch will no longer process engagement data on behalf of the Client for
that User.
Engagement Builder: Branch's Engagement Builder feature may be used to help
Clients conduct re-engagement and re-targeting campaigns. We require that
Clients using Branch’s Engagement Builder feature for such purposes respect User
opt-out preferences passed to them by Branch.


COLLECTION AND USE OF INFORMATION FROM OUR WEBSITE AND FOR MARKETING PURPOSES


WHAT INFORMATION DOES BRANCH COLLECT ABOUT WEBSITE VISITORS AND POTENTIAL
CUSTOMERS?

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Branch collects information from Website visitors (“you” or “Website Users”)
located at www.branch.io ( the “Website”), which includes the dashboard provided
to our Clients located at dashboard.branch.io. The types of information we may
collect and our privacy practices depend on the nature of the relationship you
have with us and the requirements of applicable law. Below are the legal bases
and some of the ways we collect information and how we use it. We process
information in a way that is relevant for the purpose for which it was collected
as described below.


WHAT WE COLLECT FROM CLIENTS THAT USE THE WEBSITE

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Branch collects Personal Data and non-personal data via the Website. For
example, when Clients register to use our Services, we ask them to provide us
with Personal Data, including first and last name and email address.
Dashboard Information: Information we collect from visitors who register for an
account on our dashboard includes the following, some of which is considered
Personal Data under applicable law:
Type of Information Collected
Purpose
IP Address
Standard web HTTP request; may be used for limited security login controls
Cookie (ours)
Standard web cookie used for dashboard session management
Cookie (other-party)
Other-party web tracking tools used for business intelligence
First, Last Name
Used for team user identification
Work Email
Used as the primary login identifier
Password
Account registration, secure our Services and prevent fraud
Account Holder Primary Role
Account registration, tell Clients about products and services offered by Branch
and Branch’s selected partners
User Agent
Standard web browser user agent metadata; may be used for limited security login
controls
Referer
Standard web browser HTTP referer; may be used for general internal business
analytics
Request
Standard web HTTP request; may be used for general internal business analytics
Github ID
(optional) Can be used as a login method
Billing information
Payment account registration
Log Data
Provide the Services, tell Clients about products and services offered by Branch
and Branch’s selected partners, personalize our experience, secure our Services
and prevent fraud, and defend our legal rights and comply with the law
Account holder feedback
Help us improve your experience on the account dashboard

When a Client creates an account and uses the Services, Branch may collect
certain log data, such as IP address from which a Client is connecting to the
Services, information related to the device being used to connect to the
Services (e.g., browser type and version, device type, OS version) and the
features and functions of the Services used by the Client (“Log Data”).
We also require Clients to set up a user ID and unique password for account
security purposes. Clients must not disclose their passwords to anyone. Clients
also have the option of adding other team members to their account. This account
information enables us to set up an account for Clients, to provide the
Services, and to otherwise manage Client accounts. We may also use this
information to notify Clients about updates to our Services and provide them
with promotional emails. We offer a mechanism to opt out from promotional emails
as described in the “Opt-Out from Promotional Emails” section below.
Account and Billing Information: To the extent that we charge a fee for the
Services, we may also collect limited billing, payment, and contract information
from Clients through our payment and contract vendors.
Connection Information with Other Parties: Some features of the dashboard
Services allow you to disclose your information through your accounts to other
companies such as Facebook and Google. If you choose to connect Branch to such
services provided by other parties, we may collect information related to your
use of those services provided by other parties, such as authentication tokens
that allow us to connect to your accounts with those other parties. We will ask
you for permission before you authorize our collection of this information. We
may also collect information about how you are using the Services to interact
with those connected services.
Information from Other Sources: In addition to the information collected through
our Website, we or our vendors may obtain and disclose additional information,
such as job title or contact information, from other public and non-public
sources such as business websites, social networking platforms, or databases
maintained by other parties. We use this information to better enable Branch to
identify and contact businesses that might be interested in engaging our
Services, and to gain a better understanding of a potential Client’s business
needs.
Communications with Branch: Some Website Users may provide Personal Data to
Branch by sending us an email or filling out an online form on the Website. We
use this information to answer their question(s), and may store that information
for our record keeping, marketing, and advertising purposes.
Research/Survey Solicitations: From time to time, we may perform research
(online and offline) via surveys. We may engage vendors to conduct such surveys
on our behalf. All survey responses are voluntary, and the information collected
will be used for research and reporting purposes to help us better serve
individuals by learning more about their needs and the quality of the products
and services we provide. The survey responses may be utilized to determine the
effectiveness of our Website, various types of communications, advertising
campaigns and/or promotional activities.
Cookies, Pixels and Web Beacons: We also collect other data via the Website from
Website Users, including Website Users employed by or affiliated with Clients,
through cookies and/or web beacons. Such information, some of which may be
considered Personal Data under applicable law, may include IP address, pages
viewed, browser type, Internet browsing and usage habits, how you browse and
navigate the Website, Internet Service Provider, domain name, the time/date of
your visit to the Website, the referring URL, and your computer’s operating
system. For example, we may collect on a real-time basis information on how you
use and navigate the Website.
If you permit the use of cookies and web beacons when you visit and continue to
use the Website, we will collect information through those tools. Cookies are
small data files stored on your hard drive by a website and web beacons are
electronic images that may be used on our Website or in our emails. Cookies help
us improve your experience on the Website as well as our marketing activities.
We use cookies to see which areas and features are popular and to count visits
to our Website. For more information about cookies and web beacons, please visit
http://www.allaboutcookies.org/. For more information about how to opt-out of
cookies and web beacons after you have consented to their use, see the “Opt-out
from Website Cookies/Web Beacons” section below.


HOW DOES BRANCH USE THE INFORMATION COLLECTED?

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Branch processes the data described in the section above for the following
purposes:
 * to provide, maintain, optimize, research and improve the Website;
 * to fulfill your and prospective Clients’ requests for the Services;
 * to send information about the Services including confirmations, invoices,
   payment processing, technical notices, updates, security alerts, and support
   and administrative messages;
 * to communicate about products and services offered by Branch and Branch's
   selected partners. We receive opt-in consent to send promotional and
   marketing messages to Website Users where required by applicable law. You can
   opt-out of receiving these messages at any time as described below in the
   section titled: “Opt-out from Promotional Emails”;
 * to conduct research;
 * to manage your information and account, to improve and administer our
   Website, to contact Website Users to answer questions or resolve problems, or
   to verify your identity;
 * to conduct research to help us to optimally deliver our existing Services or
   develop new products, processes and services;
 * for ad delivery and reporting purposes and to create data and analytics
   products and services;
 * to make the Website easier to use by reducing the need for Clients and
   Website Users to enter information;
 * for other purposes disclosed to you at the time you provide data to us;
 * with your consent; or
 * where Branch otherwise has a legitimate interest in collecting the data, such
   as direct marketing, individual or market research, product improvement,
   anti-fraud protection, protecting the safety of us, our Website Users, or
   other parties, or where required by law.


OPT-OUT & DO NOT TRACK - YOUR CHOICE MECHANISMS

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In some cases, we rely on your consent to process Personal Data about you. In
those cases, and where you have consented to Branch's processing of your
Personal Data in connection with your use of the Website, you may withdraw that
consent at any time by following the instructions below. Additionally, before we
use Personal Data collected with your consent for any new purpose not originally
authorized by you, we will provide information regarding the new purpose and ask
for your consent for the new purpose. Where your consent for the processing of
Personal Data is otherwise required by law or contract, we will comply with the
law or contract. In other cases, we do not rely on your consent to process
Personal Data about you (for example, if we have a different legal basis to
process that data).


OPT OUT FROM PROMOTIONAL EMAILS

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You can opt-out of receiving promotional emails from us by following the
instructions in those emails, or by filling out this form. You can also opt-out
of certain categories of emails using this form. If you opt-out using any of
these tools, we may still send you non-promotional emails, such as certain
updates about your account or updates to our Terms & Conditions and this Privacy
Policy and/or use of the Services.


OPT OUT FROM WEBSITE COOKIES/WEB BEACONS

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We will only use cookies consistent with your cookie settings and permissions
granted on our Website. If you permit us to use cookies/web beacons as discussed
above (“What Information Does Branch Collect from our Website”), but would like
to opt-out:
 * For dashboard users, visit https://dashboard.branch.io/account-settings/user,
   and toggle off “Cookie Consent”.
 * For all other users, click on “Cookie Consent” at the bottom right-hand
   corner of our homepage (https://branch.io/), and click on the opt-out link.

Also, you can choose to set your browser to remove cookies and to reject
cookies. To exercise the "Do Not Track" settings available on certain web
browsers, please visit the privacy settings of your browser. Where Branch is
able to see that such a selection has been made, we will not use information
collected from that device to target advertising on that browser. Dashboard
users must use the “Cookie Consent” feature to revoke permission to place
cookies. Please note that "Do Not Track" is a different privacy mechanism than
the Global Privacy Control browser choice referenced below.
Note that, even if you opt out, we may still collect and use non-personal data
regarding your activities on our Website. This also does not opt you out of
being served advertising altogether; you will continue to receive generic
advertisements.


VENDOR TOOLS/ANALYTICS ON THE WEBSITE

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The Website utilizes tracking tools from vendors, which may enable these vendors
to analyze our Website traffic for analytics purposes. Some of these vendors may
collect information from this Website for retargeting and interest-based
advertising purposes. For more information about these forms of ad targeting and
to understand your right to opt-out from these practices, please visit
http://www.aboutads.info/choices/. All of these tools are hosted by the parties
who provide them, and your interactions with these features are governed by the
privacy policies of the parties providing them. These tools include, but are not
limited to, those below.
Google. We may use Google Analytics and Google Analytics Demographics and
Interest Reporting to collect information regarding visitor behavior and visitor
demographics on our Website, and to develop website content. For more
information about Google Analytics, please visit
www.google.com/policies/privacy/partners/. You can opt-out of Google’s
collection and processing of data generated by your use of the Website by going
to http://tools.google.com/dlpage/gaoptout.
Mixpanel. We use a service provided by Mixpanel, Inc. (“Mixpanel”) to provide us
with analytics data regarding Website Users’ interactions with our Website and
Services. You may opt-out of Mixpanel’s automatic retention of data that is
collected while using the Services by visiting https://mixpanel.com/optout/. To
track opt-outs, Mixpanel uses a persistent opt-out cookie placed on your device.
Please note that if you get a new computer, install a new browser, erase or
otherwise alter the browser’s cookie file (including upgrading certain
browsers), you may delete the Mixpanel opt-out cookie.
Facebook. We may use certain tools offered by Facebook, Inc. (“Facebook”) that
enable it to collect or receive information about actions Website Users take on
our Website through use of cookies, web beacons and other storage technologies
or in order to provide measurement services, targeted ads and other services.
For more information regarding the collection and use of such information by
Facebook, please see the Facebook Data Policy, available at:
https://www.facebook.com/policy.php.
Drift. We use certain tools offered by Drift to power our Website’s live-chat
experience. If you provide information about yourself through that live-chat
experience, then we may store that information for marketing purposes. Drift may
also infer information about the company that you work for you based on your IP
address.


POLICIES APPLICABLE TO BOTH OUR SERVICES & OUR WEBSITE


WHEN DOES BRANCH DISCLOSE INFORMATION?

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In addition to the ways described in our Terms & Conditions and this Privacy
Policy, Branch may also disclose information to others under the following
circumstances:
 * With vendors, consultants and other parties who work for us and need access
   to information we collect to do that work.
 * With our Clients and their agents, as described in this Policy.
 * To other parties (such as advertising networks or vendors used by our
   Clients), as directed by our Clients.
 * To comply with laws or to respond to lawful requests and legal process
   including to meet national security or law enforcement requirements, and in
   order to investigate, prevent, or take action regarding suspected, or actual,
   prohibited activities, including but not limited to fraud and situations
   involving potential threats to the physical safety of any person.
 * To protect the rights and property of Branch, our agents, Clients, Users,
   Website Users, and others including to enforce our agreements, policies, and
   Terms & Conditions.
 * To Branch’s subsidiaries and affiliates as necessary to help us provide,
   support, and maintain the Services.
 * In connection with or during negotiation of any merger, sale of company
   assets, financing, or acquisition of all or a portion of our business to
   another company.


UPDATING YOUR INFORMATION AND CONTACT PREFERENCES

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We provide Clients with a mechanism to access, review and update information via
the dashboard. If you wish to review or update your information, please visit
branch.io and login using the username and password you created. Next, please
select “Account Settings” which can be found in the lower left corner of the
dashboard screen, then select the “User” tab near the top. If you would like to
delete your account, please email support@branch.io.


WE SECURE THE INFORMATION WE COLLECT

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Securing the information provided by our Clients and collected through our
Website is important to us. Branch has implemented industry-standard technical,
administrative, and physical safeguards to help protect the information on our
servers against unauthorized access, alteration, disclosure or destruction. You
are responsible for maintaining the secrecy of your own passwords. If you have
reason to believe that your passwords or Personal Data are no longer secure,
please promptly notify us at privacy@branch.io.


OUR DATA RETENTION POLICY

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For our Services: Branch stores the information collected by our Services (see
the “What Information Does Branch Collect from our Services?” section above) so
long as our systems continue to encounter that User. After that User has been
inactive for 30 days (or 90 days for specific attribution products), identifiers
collected from that User will be deleted unless otherwise required by applicable
law or otherwise agreed between Branch and the Client.
Usage activity logs, which are used for the purpose of reporting and analytics,
are stored in an identifiable form for no more than 7 days (or up to 60 days as
determined by the Client or for specific fields), after which these logs are
removed or pseudonymized. Any and all pseudonymized logs are deleted after 12
months, unless otherwise required by applicable law or otherwise agreed between
Branch and the Client.
Aggregated reporting metrics disclosed to Clients are retained (in aggregate and
anonymized form) for up to 24 months, unless otherwise required by applicable
law or otherwise agreed between Branch and the Client.
Branch may retain information collected by our Services beyond these periods for
fraud prevention, analysis, or response, or to protect the safety of Branch, its
Clients, Users or the public.
For the Website: We store Personal Data such as email address or billing details
for so long as you continue to have a business relationship with Branch and for
a reasonable time thereafter for record-keeping purposes. If applicable to you,
you may ask us to delete that information as described in the “Data Subject
Rights” section below or pursuant to your right of erasure as described in the
“Data Subject Rights” section below.


LINKS TO OTHER WEBSITES

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The Website and/or Services may contain links to other websites and other
websites may reference or link to our Website and/or Services. These other
domains and websites are not controlled by Branch, and we do not endorse or make
any representations about websites or social media platforms operated by other
parties. We encourage you to read the privacy policies of each and every website
and application that you interact with. We do not endorse, screen, or approve,
and are not responsible for the privacy practices or content of such other
websites or applications. Visiting these other websites or applications is at
your own risk.


INTERNATIONAL DATA TRANSFERS

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All information collected via the Website and Services is stored on servers
located in the United States. In the process of providing the Services, we may
transfer information across borders from other countries or jurisdictions into
the United States. Data protection laws in the United States may differ from
your country, and the data Branch processes may be accessible to law enforcement
and national security authorities under certain circumstances. By using the
Services, each Client and Website User consents to the transfer and processing
of information to the U.S. in accordance with this Privacy Policy. Data
transfers from the European Union, United Kingdom, and Switzerland are
transferred on the basis of legal mechanisms approved by the European Commission
and other relevant authorities for cross-border data transfers, such as Standard
Contractual Clauses or the Privacy Shield mechanism discussed in the “Privacy
Shield For EU, UK, and Swiss Personal Data Transferred into the United States”
section below.


PRIVACY SHIELD FOR EU, UK, AND SWISS PERSONAL DATA TRANSFERRED INTO THE UNITED
STATES

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Branch complies with the E.U.-U.S. Privacy Shield Framework and the Swiss-US
Privacy Shield Framework as set forth by the U.S. Department of Commerce
regarding the collection, use, and retention of Personal Data from European
Union member countries (including European Economic Area member countries), the
United Kingdom, and Switzerland transferred to the United States pursuant to
Privacy Shield. Branch recognizes that the Court of Justice of the European
Union ruled in July 2020 that a certification under the EU-U.S. Privacy Shield
Framework no longer can serve as the basis by which entities subject to the GDPR
export personal data to jurisdictions outside the European Economic Area, and
that the Swiss Data Protection Authority similarly held the Swiss-US Privacy
Shield inadequate. Branch will continue to honor its obligation to comply with
the Privacy Shield Principles with respect to data that was transferred pursuant
to the EU-U.S. and Swiss-U.S. Privacy Shield Framework. If there is any conflict
between the policies in this Privacy Policy and data subject rights under the
Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn
more about the Privacy Shield program, and to view our certification page,
please visit https://www.privacyshield.gov.
Branch no longer relies on the EU-U.S. Privacy Shield to transfer data that
originated in the EEA or the United Kingdom to the U.S.
Branch is subject to the investigatory and enforcement authority of the US
Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks we are obliged to inform EU, UK, and
Swiss individuals whose data is being transferred into the United States that we
may be required to release Personal Data in response to lawful requests by
public authorities including to meet national security and law enforcement
requirements.
Branch remains liable for the onward transfer of EU, UK, and Swiss personal data
to other parties pursuant to the Privacy Shield unless we can prove we were not
a party to the actions giving rise to the damages.
We acknowledge the right of EU, UK, and Swiss individuals to access their
Personal Data pursuant to the Privacy Shield. EU, UK, and Swiss individuals
wishing to exercise this right may do so by contacting privacy@branch.io.
In compliance with the Privacy Shield Principles, Branch commits to resolve
complaints about your privacy and our collection or use of your personal
information transferred to the United States pursuant to Privacy Shield.
European Union, UK, and Swiss individuals with Privacy Shield inquiries or
complaints should first contact Branch at:
Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at privacy@branch.io
Branch has further committed to refer unresolved privacy complaints under the
Privacy Shield Principles to an independent dispute resolution mechanism, the
BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive
timely acknowledgment of your complaint, or if your complaint is not
satisfactorily addressed, please visit
http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and
to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels,
under certain conditions, you may invoke binding arbitration for some residual
claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at
https://www.privacyshield.gov/article?id=ANNEX-I-introduction.


DATA SUBJECT RIGHTS

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California Consumer Privacy Act
The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
natural persons who are residents of California. Our CCPA privacy notice is
available here.
Rights of Residents of the European Economic Area and United Kingdom
The European General Data Protection Regulation of 2018 (“GDPR”) and equivalent
requirements in the United Kingdom including the Data Protection Act 2018 and
the United Kingdom General Data Protection Regulation (“UK Data Protection Law”)
provides certain rights to residents of Europe. Information on how you can
exercise rights under the GDPR and UK Data Protection Law are set forth here.
Lei Geral de Proteção de Dados
Lei Geral de Proteção de Dados (“LGPD”) provides certain rights to residents of
Brazil. Information on how you can exercise rights under the LGPD are set forth
here.


OUR POLICY REGARDING CHILDREN

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Services: The Branch Services are not directed to children. We require that
Clients agree to not send to us data relating to any children under 13 (or, in
certain jurisdictions, under 16). If you are a Client and want to learn more
about Branch SDK Privacy Controls that you can use in your compliance with the
U.S. Children’s Online Privacy Protection Act (COPPA), GDPR, or any other
applicable law, please contact privacy@branch.io.
If you believe that we might have any information from or about a child under 13
(and in certain jurisdictions under 16) in violation of applicable law, please
contact us at privacy@branch.io, so that Branch can promptly investigate and
delete any information that it may have been provided inappropriately as
required by law.
Website: The Branch Website is not directed to children. We do not knowingly
collect through the Website Personal Data from anyone under the age of 16. If
you are under 16, please do not attempt to register or send any information
about yourself to us, including your name, address, telephone number, or email
address. No one under 16 may provide any Personal Data to us. In the event that
we learn that we have collected any such data from a child under 16 through our
Website, we will take reasonable steps to delete that information as quickly as
possible. If you believe that we might have any information from or about a
child under 16, please contact us at privacy@branch.io, so that Branch can
promptly investigate and delete any inappropriately obtained information as
required by law.


CONTACT US, QUESTIONS, CHANGES TO THIS PRIVACY POLICY

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We may change this Privacy Policy at any time in our sole discretion. We will
post all changes to this Privacy Policy on this page and will indicate at the
top of the page the modified Privacy Policy’s effective date. If you have any
questions or suggestions regarding this Privacy Policy, please contact us at:
Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at info@branch.io


COMPLIANCE

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This Privacy Policy shall be implemented by Branch and all its operating
divisions, subsidiaries and affiliates. Branch has put in place mechanisms to
verify ongoing compliance with this Privacy Policy.

EFFECTIVE FEBRUARY 24, 2023  TO  APRIL 7, 2023

Download

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TABLE OF CONTENTS

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PRIVACY POLICY









THE BRANCH GUIDING PRIVACY PRINCIPLES

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We are a linking and analytics platform for app and website developers. And we
are proud of our commitment to providing our services in a privacy-first way. So
we thought it would be helpful to lay out, in plain English, the Branch Guiding
Privacy Principles that drive how we’ve chosen to design our services with
privacy as a top priority. We further describe our privacy practices in the
official Privacy Policy below this section, but we hope you’ll find this summary
of our principles helpful.
 * We limit the data we collect. We practice data minimization, which means that
   we take steps to avoid collecting or storing information that we don’t need
   to provide our services. The personal data that we collect to provide our
   services is limited to data like advertising identifiers, IP address, and
   information derived from resettable cookies (the full list is below in our
   privacy policy). We do not collect or store information such as names, email
   addresses, physical addresses, or SSNs to provide our services. Nor do we
   want to. In fact, our Terms & Conditions prohibit our customers from
   providing Branch with any kind of sensitive end-user information.
 * We will only provide you with data about actual end-user activity on your
   apps or websites. Customers who subscribe to our linking and analytics
   platform can only access “earned” cookies or identifiers. This means that an
   end user must visit a customer’s site before our customer can see the cookie;
   and an end user must download a customer’s app in order for Branch to collect
   the end user’s advertising identifier for that customer. In short, the Branch
   services benefit customers who already have seen an end user across their
   platforms and want to understand the relationship between those web visits
   and app sessions.
 * We do not rent or sell customer end user data. No Branch customer can access
   another Branch customer’s end-user data. And we are not in the business of
   renting or selling any customer’s end-user data to anyone else. To enable
   customers to control their end-user personal data, they can request deletion
   here of that data at any time, whether in bulk or for a specific end user.
   These controls are available to customers worldwide, although we designed
   them to comply with the CCPA and GDPR requirements.

Beyond these principles stated above, Branch will continue to find ways to
design our services to respect end user privacy. We’re committed to making sure
our customers understand how we use data they entrust to us and how they can
control it so that they can, in turn, be transparent with their end users.


INTRODUCTION

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Branch Metrics, Inc. ( "Branch", "us", "our" or "we") offers a linking and
analytics platform enabling developers of applications (our "Clients")--whether
those applications are websites or "apps," and across different types of
devices--to improve their end users’ ("Users") cross-application experiences,
and to derive additional insights into how their Users download and utilize
those applications. Branch recognizes and believes that data privacy is
important to all Internet users, and therefore we design and operate our
services in a privacy-first manner.
This Privacy Policy is divided into three parts:
 * Collection and Use of Information from Our Services: This section explains
   how Branch collects and uses information about Users in connection with our
   linking and analytics products and services (the "Branch Services" or the
   "Services").
 * Collection and Use of Information from Our Website and for Marketing
   Purposes: This section explains how we collect and use information about our
   website visitors through our website located at branch.io (the “Website”),
   which includes the dashboard we provide to our Clients located at
   dashboard.branch.io. So, if you are a Client using our Branch dashboard, this
   section applies to the data we collect from you. It also explains how we
   collect information about potential Clients from vendors and other sources to
   enhance our marketing efforts.
 * Policies Applicable to Both Our Services & Our Website: This section lays out
   the parts of the Branch Privacy Policy that apply to both the Services and to
   the Website.


COLLECTION AND USE OF INFORMATION FROM OUR SERVICES


WHAT INFORMATION DOES BRANCH COLLECT FROM OUR SERVICES?

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Below, we explain what information we collect on behalf of our Clients through
the Services, and how we use it. We process information in a way that is
relevant for the purpose for which it was collected as described below.


THE BRANCH SERVICES: OVERVIEW

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Branch provides a variety of Services intended to help Clients understand the
use of their digital properties by their Users across a wide array of platforms,
devices and applications. Branch helps Clients by connecting User interactions
across siloed applications (email, SMS, web browsers, social platforms, native
applications and others), so that Clients understand the multiple steps that a
User took to ultimately complete a transaction with the Client. The Client can
use this information to better inform marketing and product decisions as well as
to provide improved user experiences by using their knowledge of continuity.
Branch has no direct relationship with Users. Branch’s Services are provided
when Branch Clients install on their platforms “Branch Mechanisms” (including
links, pixels, direct platform integrations, etc.) that capture User action on
behalf of the Client. Using the information collected from these Branch
Mechanisms, Branch uses a variety of attribution techniques to connect User
actions across different channels and platforms. Some of these attribution
techniques include a direct pass-through of identifiers from platform to
platform, creating and storing identifiers unique to the Branch platform to
connect User actions and identifiers together, and predictive modeling
algorithms using real-time and historical data parameters observed from User
interactions where there are no shared identifiers available, as well as using
historical connections Branch has derived over time using our technology. In
some cases, these connections are made without the use of cookies. These
techniques help Clients match Users with devices they use, including matching
the same User across multiple devices.
The key use cases of Branch’s Services are:
 * To support Clients in implementing deep linking, which uses Branch’s
   connection information in real time to improve the User experience.
   * For example, if a User clicks on a link in an email or ad to a specific
     page in a Client’s app, Branch helps the User get to that page after they
     download the app.
 * To report individualized and aggregated analytics metrics about the
   performance of the Client’s product and marketing initiatives to the Client
   directly.
   * For example, Branch can tell a Client how many Users that downloaded an app
     or that went to a specific page in an app came from clicking on a specific
     link, and provide corresponding advertising or other identifiers.
 * To assist the Client by presenting real time, targeted messaging to their
   Users depending on past behavior observed across the Client’s tracked
   platforms with the purpose of driving more engagement to the Client.
   * For example, Branch can use Branch Mechanisms to provide a tailored message
     like a coupon code or special offer in your website to users who have
     interacted with your app and/or website in the past.

Branch requires that each Client commit to disclose to Branch only information
that it has lawfully obtained (including, where necessary, by obtaining consent
from Users), and that it has the right to disclose to Branch. We strongly
discourage Clients from disclosing sensitive User information with us, as such
information is not necessary for the provision of the Services, and we prohibit
them from providing us with data relating to children under 13 (or, in certain
jurisdictions, under 16).
In the charts below, we summarize the information collected automatically by the
Services.


INFORMATION COLLECTED BY BRANCH LINKS AND PIXELS

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Branch collects the following information from URLs created by the Client (i.e.,
Branch Links) and pixels placed on Client websites. Branch Links may be embedded
into QR Codes as configured by the Client. Some of this information is
considered personal data under applicable law (in other words, information that
itself may identify a unique individual or can be linked back to an individual)
(“Personal Data”).
Type of Information Collected
Purpose
IP Address
Standard web HTTP request; used for attribution and to understand general
location
Cookie
Standard web cookies, used for device identification and attribution
Link Data
Metadata controlled by the Client, which may be used to interpret the data for
reporting, or for analytics
User Agent
Standard web browser user agent metadata; used for device identification and
attribution
Referer
Standard web browser HTTP referer; may be used for reporting and analytics
Request
Standard web HTTP request
Engagement Data
Information relating to the Client’s ad campaigns and User interactions, such as
clicks on Client ads, Client ad impressions viewed, audiences or segments to
which an ad campaign is attributed, type of ads and the webpage from which such
ads were displayed, and webpages on Client’s website visited by a User.
Other interactions, events and actions Clients choose to measure and analyze
within their website (e.g., add to cart, purchases made, clicks, engagement time
etc.).


INFORMATION COLLECTED BY BRANCH SDKS

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SDKs are Software Development Kits that include code that allows Clients to use
the Branch Services. The Branch Mobile App SDKs, Web SDKs, and Over-the-Top
(OTT) SDKs collect the following information when Clients use these SDKs in
their applications or websites, some of which may be considered Personal Data
under applicable law:
Type of Information Collected
Purpose
Advertising identifier (e.g., GAID, Android ID, IDFA, IDFV, RIDA)
Used for device identification and attribution
Branch Cookie ID
Used for device identification and attribution
IP Address
Standard web HTTP request; used for device identification, attribution, and to
understand general location
Referer
Standard web browser HTTP referer; may be used for reporting and analytics
Central Processing Unit (CPU) Type
Metadata feature used for device identification and attribution
System build version
Metadata feature used for device identification and attribution
Internet connection type
Metadata feature used for device identification and attribution
Application version
Metadata feature used for device identification and attribution
Device model
Metadata feature used for device identification and attribution
Manufacturer / Brand
Metadata feature used for device identification and attribution
Operating system
Metadata feature used for device identification and attribution
Operating system version
Metadata feature used for device identification and attribution
Screen size (height, width)
Metadata feature used for device identification and attribution
Screen resolution
Metadata feature used for device identification and attribution
Mobile network status (Wi-Fi, etc.)
Metadata feature used for device identification and attribution
Device locale (country and language)
Metadata feature used for device identification and attribution
Local IP address
Metadata feature used for device identification and attribution
Mobile platform
Metadata feature used for device identification and attribution
Branch SDK version
Metadata feature used for device identification and attribution
Developer ID
(optional) Client-supplied unique identifier; metadata feature Used for device
identification and attribution
Carrier ID
Metadata feature used for device identification and attribution
Environment
Metadata feature used for device identification and attribution
UI Mode
Metadata feature used for device identification and attribution
Engagement Data
Information relating to the Client’s ad campaigns and User interactions, such as
clicks on Client ads, Client ad impressions viewed, audiences or segments to
which an ad campaign is attributed, type of ads and the application page from
which such ads were displayed, pages on Client’s application visited by a User,
downloads, opt-in status for certain tracking mechanisms, and installations of
applications.
Other interactions, events and actions Clients choose to measure and analyze
within their application (e.g., add to cart, purchases made, clicks, engagement
time etc.).

In addition to the information identified above, the Branch Desktop SDKs collect
the following identifiers when Clients use these SDKs in their desktop
applications, some of which may be considered Personal Data under applicable
law:
Type of Information Collected
Purpose
MAC address
Used for device identification and attribution
Windows Advertising ID
Used for device identification and attribution
CPU ID
Used for device identification and attribution


INFORMATION COLLECTED BY OTHER PARTIES

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As part of Branch’s Services, Branch’s Clients may direct certain of their
vendors or business partners (such as an ad network or vendor) to provide
certain Engagement Data to Branch on the Client’s behalf.


HOW DOES BRANCH USE INFORMATION COLLECTED BY OUR SERVICES?

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Data Branch collects through the Services is processed:
 * to better understand how and from where Users come to download certain apps,
   what types of apps are popular, or to recognize browsers and devices that are
   likely to be operated by the same User.
 * to provide, maintain, optimize, research and improve the Branch Services we
   provide our Clients, including to support other Branch products and services,
   develop new products and services, and market products or services; to
   support the products and services of our Clients; and as permitted or
   required by applicable law.
 * to fulfill Clients’ and prospective Clients’ requests for the Services
   including processing data at the Client’s direction and transferring User
   data to them. Branch does not control how Clients use information Branch
   discloses to Clients, and Users should read Clients’ Privacy Policies to
   understand how they use information they receive from Branch.
 * to aggregate data across various sources, including data from various Clients
   or other parties.
 * to create reports based on aggregated information, which is information that
   cannot reasonably be linked back to any individual person or Client and
   disclose these reports to the public.
 * for anti-fraud protection and analysis relating to the Services to ensure
   more accurate attribution measurement, general fraud prevention, or where
   otherwise required by law.

We may aggregate and/or de-identify the data we collect through the Services.
After data has been aggregated and/or de-identified, Branch cannot use it to
personally identify an individual. We may use de-identified and/or aggregated
data for any purpose, including without limitation for research and marketing
purposes, and may also disclose such data to any other parties, including
business partners, Clients, and/or others.


OUR CLIENTS’ USE OF INFORMATION

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Our Clients may use the information collected via the Services to improve their
Users’ app experiences, customize their apps to Users, and to better understand
their app marketing programs and how Users discover their apps. For example, a
User may want to disclose information about a hotel that she found in a travel
app to a friend. When that User sends her friend a Branch link to that hotel,
after clicking the link the friend is brought directly to the content relating
to that hotel within the app, rather than landing on the app’s homepage and
having to search for the hotel. The travel app would also gain insights and
analytics as to how the content is being disclosed from its app.
We require that our Clients utilize our Services responsibly and in accordance
with our Terms & Conditions. Branch is not responsible for the data practices of
any of our Clients through the Services or otherwise. Each Client’s practices
are subject to each Client’s individual privacy policy. Users should review the
privacy policy of each Client to understand how that Client uses User
information collected through the Services.


USER CHOICES

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Branch recognizes a number of consumer choice mechanisms. Due to the nature of
the Services, some functionality may be degraded or no longer work as a result
if you exercise certain of the opt-outs below.
Branch’s Browser Cookie Opt-Out: Our cookie-based opt-out can be accessed by
clicking here. This will place a Branch opt-out cookie on your browser. Where
Branch detects the presence of that opt-out cookie, we will no longer read or
set cookies (beyond the opt-out cookie itself). Cookie-based opt outs must be
performed on each device and browser that you wish to have opted-out. For
example, if you have opted-out on your computer browser, that opt out will not
be effective on your mobile device.
NAI Browser-Based Opt-Out: Branch is a member of the Network Advertising
Initiative (“NAI”) and adheres to its Code of Conduct. NAI provides you with the
opportunity to opt out (on a browser-by-browser basis) from interest-based
advertising by participating NAI members, including Branch. That opt-out is
available here.
Device-Based Opt-Out: You can submit a request to opt out of the Branch Services
on a particular device by submitting a request here.
Device Identifiers: To use your device’s privacy settings controls, please visit
the privacy settings menu of your device to review and access the privacy
controls made available on the device. Branch will only be able to collect
information from the device as permitted by these settings.
Client App Opt-out Controls: Branch‘s SDK Privacy Controls allow Clients to
respect granular controls regarding User data. Clients can flag in the Branch
SDK that a particular User’s data should not be processed by Branch, in which
case Branch will no longer process engagement data on behalf of the Client for
that User.
Engagement Builder: Branch's Engagement Builder feature may be used to help
Clients conduct re-engagement and re-targeting campaigns. We require that
Clients using Branch’s Engagement Builder feature for such purposes respect User
opt-out preferences passed to them by Branch.


COLLECTION AND USE OF INFORMATION FROM OUR WEBSITE AND FOR MARKETING PURPOSES


WHAT INFORMATION DOES BRANCH COLLECT ABOUT WEBSITE VISITORS AND POTENTIAL
CUSTOMERS?

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Branch collects information from Website visitors (“you” or “Website Users”)
located at www.branch.io ( the “Website”), which includes the dashboard provided
to our Clients located at dashboard.branch.io. The types of information we may
collect and our privacy practices depend on the nature of the relationship you
have with us and the requirements of applicable law. Below are the legal bases
and some of the ways we collect information and how we use it. We process
information in a way that is relevant for the purpose for which it was collected
as described below.


WHAT WE COLLECT FROM CLIENTS THAT USE THE WEBSITE

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Branch collects Personal Data and non-personal data via the Website. For
example, when Clients register to use our Services, we ask them to provide us
with Personal Data, including first and last name and email address.
Dashboard Information: Information we collect from visitors who register for an
account on our dashboard includes the following, some of which is considered
Personal Data under applicable law:
Type of Information Collected
Purpose
IP Address
Standard web HTTP request; may be used for limited security login controls
Cookie (ours)
Standard web cookie used for dashboard session management
Cookie (other-party)
Other-party web tracking tools used for business intelligence
First, Last Name
Used for team user identification
Work Email
Used as the primary login identifier
Password
Account registration, secure our Services and prevent fraud
Account Holder Primary Role
Account registration, tell Clients about products and services offered by Branch
and Branch’s selected partners
User Agent
Standard web browser user agent metadata; may be used for limited security login
controls
Referer
Standard web browser HTTP referer; may be used for general internal business
analytics
Request
Standard web HTTP request; may be used for general internal business analytics
Github ID
(optional) Can be used as a login method
Billing information
Payment account registration
Log Data
Provide the Services, tell Clients about products and services offered by Branch
and Branch’s selected partners, personalize our experience, secure our Services
and prevent fraud, and defend our legal rights and comply with the law
Account holder feedback
Help us improve your experience on the account dashboard

When a Client creates an account and uses the Services, Branch may collect
certain log data, such as IP address from which a Client is connecting to the
Services, information related to the device being used to connect to the
Services (e.g., browser type and version, device type, OS version) and the
features and functions of the Services used by the Client (“Log Data”).
We also require Clients to set up a user ID and unique password for account
security purposes. Clients must not disclose their passwords to anyone. Clients
also have the option of adding other team members to their account. This account
information enables us to set up an account for Clients, to provide the
Services, and to otherwise manage Client accounts. We may also use this
information to notify Clients about updates to our Services and provide them
with promotional emails. We offer a mechanism to opt out from promotional emails
as described in the “Opt-Out from Promotional Emails” section below.
Account and Billing Information: To the extent that we charge a fee for the
Services, we may also collect limited billing, payment, and contract information
from Clients through our payment and contract vendors.
Connection Information with Other Parties: Some features of the dashboard
Services allow you to disclose your information through your accounts to other
companies such as Facebook and Google. If you choose to connect Branch to such
services provided by other parties, we may collect information related to your
use of those services provided by other parties, such as authentication tokens
that allow us to connect to your accounts with those other parties. We will ask
you for permission before you authorize our collection of this information. We
may also collect information about how you are using the Services to interact
with those connected services.
Information from Other Sources: In addition to the information collected through
our Website, we or our vendors may obtain and disclose additional information,
such as job title or contact information, from other public and non-public
sources such as business websites, social networking platforms, or databases
maintained by other parties. We use this information to better enable Branch to
identify and contact businesses that might be interested in engaging our
Services, and to gain a better understanding of a potential Client’s business
needs.
Communications with Branch: Some Website Users may provide Personal Data to
Branch by sending us an email or filling out an online form on the Website. We
use this information to answer their question(s), and may store that information
for our record keeping, marketing, and advertising purposes.
Research/Survey Solicitations: From time to time, we may perform research
(online and offline) via surveys. We may engage vendors to conduct such surveys
on our behalf. All survey responses are voluntary, and the information collected
will be used for research and reporting purposes to help us better serve
individuals by learning more about their needs and the quality of the products
and services we provide. The survey responses may be utilized to determine the
effectiveness of our Website, various types of communications, advertising
campaigns and/or promotional activities.
Cookies, Pixels and Web Beacons: We also collect other data via the Website from
Website Users, including Website Users employed by or affiliated with Clients,
through cookies and/or web beacons. Such information, some of which may be
considered Personal Data under applicable law, may include IP address, pages
viewed, browser type, Internet browsing and usage habits, how you browse and
navigate the Website, Internet Service Provider, domain name, the time/date of
your visit to the Website, the referring URL, and your computer’s operating
system. For example, we may collect on a real-time basis information on how you
use and navigate the Website.
If you permit the use of cookies and web beacons when you visit and continue to
use the Website, we will collect information through those tools. Cookies are
small data files stored on your hard drive by a website and web beacons are
electronic images that may be used on our Website or in our emails. Cookies help
us improve your experience on the Website as well as our marketing activities.
We use cookies to see which areas and features are popular and to count visits
to our Website. For more information about cookies and web beacons, please visit
http://www.allaboutcookies.org/. For more information about how to opt-out of
cookies and web beacons after you have consented to their use, see the “Opt-out
from Website Cookies/Web Beacons” section below.


HOW DOES BRANCH USE THE INFORMATION COLLECTED?

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Branch processes the data described in the section above for the following
purposes:
 * to provide, maintain, optimize, research and improve the Website;
 * to fulfill your and prospective Clients’ requests for the Services;
 * to send information about the Services including confirmations, invoices,
   payment processing, technical notices, updates, security alerts, and support
   and administrative messages;
 * to communicate about products and services offered by Branch and Branch's
   selected partners. We receive opt-in consent to send promotional and
   marketing messages to Website Users where required by applicable law. You can
   opt-out of receiving these messages at any time as described below in the
   section titled: “Opt-out from Promotional Emails”;
 * to conduct research;
 * to manage your information and account, to improve and administer our
   Website, to contact Website Users to answer questions or resolve problems, or
   to verify your identity;
 * to conduct research to help us to optimally deliver our existing Services or
   develop new products, processes and services;
 * for ad delivery and reporting purposes and to create data and analytics
   products and services;
 * to make the Website easier to use by reducing the need for Clients and
   Website Users to enter information;
 * for other purposes disclosed to you at the time you provide data to us;
 * with your consent; or
 * where Branch otherwise has a legitimate interest in collecting the data, such
   as direct marketing, individual or market research, product improvement,
   anti-fraud protection, protecting the safety of us, our Website Users, or
   other parties, or where required by law.


OPT-OUT & DO NOT TRACK - YOUR CHOICE MECHANISMS

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In some cases, we rely on your consent to process Personal Data about you. In
those cases, and where you have consented to Branch's processing of your
Personal Data in connection with your use of the Website, you may withdraw that
consent at any time by following the instructions below. Additionally, before we
use Personal Data collected with your consent for any new purpose not originally
authorized by you, we will provide information regarding the new purpose and ask
for your consent for the new purpose. Where your consent for the processing of
Personal Data is otherwise required by law or contract, we will comply with the
law or contract. In other cases, we do not rely on your consent to process
Personal Data about you (for example, if we have a different legal basis to
process that data).


OPT OUT FROM PROMOTIONAL EMAILS

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You can opt-out of receiving promotional emails from us by following the
instructions in those emails, or by filling out this form. You can also opt-out
of certain categories of emails using this form. If you opt-out using any of
these tools, we may still send you non-promotional emails, such as certain
updates about your account or updates to our Terms & Conditions and this Privacy
Policy and/or use of the Services.


OPT OUT FROM WEBSITE COOKIES/WEB BEACONS

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We will only use cookies consistent with your cookie settings and permissions
granted on our Website. If you permit us to use cookies/web beacons as discussed
above (“What Information Does Branch Collect from our Website”), but would like
to opt-out:
 * For dashboard users, visit https://dashboard.branch.io/account-settings/user,
   and toggle off “Cookie Consent”.
 * For all other users, click on “Cookie Consent” at the bottom right-hand
   corner of our homepage (https://branch.io/), and click on the opt-out link.

Also, you can choose to set your browser to remove cookies and to reject
cookies. To exercise the "Do Not Track" settings available on certain web
browsers, please visit the privacy settings of your browser. Where Branch is
able to see that such a selection has been made, we will not use information
collected from that device to target advertising on that browser. Dashboard
users must use the “Cookie Consent” feature to revoke permission to place
cookies. Please note that "Do Not Track" is a different privacy mechanism than
the Global Privacy Control browser choice referenced below.
Note that, even if you opt out, we may still collect and use non-personal data
regarding your activities on our Website. This also does not opt you out of
being served advertising altogether; you will continue to receive generic
advertisements.


VENDOR TOOLS/ANALYTICS ON THE WEBSITE

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The Website utilizes tracking tools from vendors, which may enable these vendors
to analyze our Website traffic for analytics purposes. Some of these vendors may
collect information from this Website for retargeting and interest-based
advertising purposes. For more information about these forms of ad targeting and
to understand your right to opt-out from these practices, please visit
http://www.aboutads.info/choices/. All of these tools are hosted by the parties
who provide them, and your interactions with these features are governed by the
privacy policies of the parties providing them. These tools include, but are not
limited to, those below.
Google. We may use Google Analytics and Google Analytics Demographics and
Interest Reporting to collect information regarding visitor behavior and visitor
demographics on our Website, and to develop website content. For more
information about Google Analytics, please visit
www.google.com/policies/privacy/partners/. You can opt-out of Google’s
collection and processing of data generated by your use of the Website by going
to http://tools.google.com/dlpage/gaoptout.
Mixpanel. We use a service provided by Mixpanel, Inc. (“Mixpanel”) to provide us
with analytics data regarding Website Users’ interactions with our Website and
Services. You may opt-out of Mixpanel’s automatic retention of data that is
collected while using the Services by visiting https://mixpanel.com/optout/. To
track opt-outs, Mixpanel uses a persistent opt-out cookie placed on your device.
Please note that if you get a new computer, install a new browser, erase or
otherwise alter the browser’s cookie file (including upgrading certain
browsers), you may delete the Mixpanel opt-out cookie.
Facebook. We may use certain tools offered by Facebook, Inc. (“Facebook”) that
enable it to collect or receive information about actions Website Users take on
our Website through use of cookies, web beacons and other storage technologies
or in order to provide measurement services, targeted ads and other services.
For more information regarding the collection and use of such information by
Facebook, please see the Facebook Data Policy, available at:
https://www.facebook.com/policy.php.
Drift. We use certain tools offered by Drift to power our Website’s live-chat
experience. If you provide information about yourself through that live-chat
experience, then we may store that information for marketing purposes. Drift may
also infer information about the company that you work for you based on your IP
address.


POLICIES APPLICABLE TO BOTH OUR SERVICES & OUR WEBSITE


WHEN DOES BRANCH DISCLOSE INFORMATION?

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In addition to the ways described in our Terms & Conditions and this Privacy
Policy, Branch may also disclose information to others under the following
circumstances:
 * With vendors, consultants and other parties who work for us and need access
   to information we collect to do that work.
 * With our Clients and their agents, as described in this Policy.
 * To other parties (such as advertising networks or vendors used by our
   Clients), as directed by our Clients.
 * To comply with laws or to respond to lawful requests and legal process
   including to meet national security or law enforcement requirements, and in
   order to investigate, prevent, or take action regarding suspected, or actual,
   prohibited activities, including but not limited to fraud and situations
   involving potential threats to the physical safety of any person.
 * To protect the rights and property of Branch, our agents, Clients, Users,
   Website Users, and others including to enforce our agreements, policies, and
   Terms & Conditions.
 * To Branch’s subsidiaries and affiliates as necessary to help us provide,
   support, and maintain the Services.
 * In connection with or during negotiation of any merger, sale of company
   assets, financing, or acquisition of all or a portion of our business to
   another company.


UPDATING YOUR INFORMATION AND CONTACT PREFERENCES

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We provide Clients with a mechanism to access, review and update information via
the dashboard. If you wish to review or update your information, please visit
branch.io and login using the username and password you created. Next, please
select “Account Settings” which can be found in the lower left corner of the
dashboard screen, then select the “User” tab near the top. If you would like to
delete your account, please email support@branch.io.


WE SECURE THE INFORMATION WE COLLECT

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Securing the information provided by our Clients and collected through our
Website is important to us. Branch has implemented industry-standard technical,
administrative, and physical safeguards to help protect the information on our
servers against unauthorized access, alteration, disclosure or destruction. You
are responsible for maintaining the secrecy of your own passwords. If you have
reason to believe that your passwords or Personal Data are no longer secure,
please promptly notify us at privacy@branch.io.


OUR DATA RETENTION POLICY

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For our Services: Branch stores the information collected by our Services (see
the “What Information Does Branch Collect from our Services?” section above) so
long as our systems continue to encounter that User. After that User has been
inactive for 30 days (or 90 days for specific attribution products), identifiers
collected from that User will be deleted unless otherwise required by applicable
law or otherwise agreed between Branch and the Client.
Usage activity logs, which are used for the purpose of reporting and analytics,
are stored in an identifiable form for no more than 7 days (or up to 60 days as
determined by the Client or for specific fields), after which these logs are
removed or pseudonymized. Any and all pseudonymized logs are deleted after 12
months, unless otherwise required by applicable law or otherwise agreed between
Branch and the Client.
Aggregated reporting metrics disclosed to Clients are retained (in aggregate and
anonymized form) for up to 24 months, unless otherwise required by applicable
law or otherwise agreed between Branch and the Client.
Branch may retain information collected by our Services beyond these periods for
fraud prevention, analysis, or response, or to protect the safety of Branch, its
Clients, Users or the public.
For the Website: We store Personal Data such as email address or billing details
for so long as you continue to have a business relationship with Branch and for
a reasonable time thereafter for record-keeping purposes. If applicable to you,
you may ask us to delete that information as described in the “Data Subject
Rights” section below or pursuant to your right of erasure as described in the
“Data Subject Rights” section below.


LINKS TO OTHER WEBSITES

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The Website and/or Services may contain links to other websites and other
websites may reference or link to our Website and/or Services. These other
domains and websites are not controlled by Branch, and we do not endorse or make
any representations about websites or social media platforms operated by other
parties. We encourage you to read the privacy policies of each and every website
and application that you interact with. We do not endorse, screen, or approve,
and are not responsible for the privacy practices or content of such other
websites or applications. Visiting these other websites or applications is at
your own risk.


INTERNATIONAL DATA TRANSFERS

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All information collected via the Website and Services is stored on servers
located in the United States. In the process of providing the Services, we may
transfer information across borders from other countries or jurisdictions into
the United States. Data protection laws in the United States may differ from
your country, and the data Branch processes may be accessible to law enforcement
and national security authorities under certain circumstances. By using the
Services, each Client and Website User consents to the transfer and processing
of information to the U.S. in accordance with this Privacy Policy. Data
transfers from the European Union, United Kingdom, and Switzerland are
transferred on the basis of legal mechanisms approved by the European Commission
and other relevant authorities for cross-border data transfers, such as Standard
Contractual Clauses or the Privacy Shield mechanism discussed in the “Privacy
Shield For EU, UK, and Swiss Personal Data Transferred into the United States”
section below.


PRIVACY SHIELD FOR EU, UK, AND SWISS PERSONAL DATA TRANSFERRED INTO THE UNITED
STATES

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Branch complies with the E.U.-U.S. Privacy Shield Framework and the Swiss-US
Privacy Shield Framework as set forth by the U.S. Department of Commerce
regarding the collection, use, and retention of Personal Data from European
Union member countries (including European Economic Area member countries), the
United Kingdom, and Switzerland transferred to the United States pursuant to
Privacy Shield. Branch recognizes that the Court of Justice of the European
Union ruled in July 2020 that a certification under the EU-U.S. Privacy Shield
Framework no longer can serve as the basis by which entities subject to the GDPR
export personal data to jurisdictions outside the European Economic Area, and
that the Swiss Data Protection Authority similarly held the Swiss-US Privacy
Shield inadequate. Branch will continue to honor its obligation to comply with
the Privacy Shield Principles with respect to data that was transferred pursuant
to the EU-U.S. and Swiss-U.S. Privacy Shield Framework. If there is any conflict
between the policies in this Privacy Policy and data subject rights under the
Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn
more about the Privacy Shield program, and to view our certification page,
please visit https://www.privacyshield.gov.
Branch no longer relies on the EU-U.S. Privacy Shield to transfer data that
originated in the EEA or the United Kingdom to the U.S.
Branch is subject to the investigatory and enforcement authority of the US
Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks we are obliged to inform EU, UK, and
Swiss individuals whose data is being transferred into the United States that we
may be required to release Personal Data in response to lawful requests by
public authorities including to meet national security and law enforcement
requirements.
Branch remains liable for the onward transfer of EU, UK, and Swiss personal data
to other parties pursuant to the Privacy Shield unless we can prove we were not
a party to the actions giving rise to the damages.
We acknowledge the right of EU, UK, and Swiss individuals to access their
Personal Data pursuant to the Privacy Shield. EU, UK, and Swiss individuals
wishing to exercise this right may do so by contacting privacy@branch.io.
In compliance with the Privacy Shield Principles, Branch commits to resolve
complaints about your privacy and our collection or use of your personal
information transferred to the United States pursuant to Privacy Shield.
European Union, UK, and Swiss individuals with Privacy Shield inquiries or
complaints should first contact Branch at:
Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at privacy@branch.io
Branch has further committed to refer unresolved privacy complaints under the
Privacy Shield Principles to an independent dispute resolution mechanism, the
BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive
timely acknowledgment of your complaint, or if your complaint is not
satisfactorily addressed, please visit
http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and
to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels,
under certain conditions, you may invoke binding arbitration for some residual
claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at
https://www.privacyshield.gov/article?id=ANNEX-I-introduction.


DATA SUBJECT RIGHTS

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California Consumer Privacy Act
The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
natural persons who are residents of California. Our CCPA privacy notice is
available here.
Rights of Residents of the European Economic Area and United Kingdom
The European General Data Protection Regulation of 2018 (“GDPR”) and equivalent
requirements in the United Kingdom including the Data Protection Act 2018 and
the United Kingdom General Data Protection Regulation (“UK Data Protection Law”)
provides certain rights to residents of Europe. Information on how you can
exercise rights under the GDPR and UK Data Protection Law are set forth here.
Lei Geral de Proteção de Dados
Lei Geral de Proteção de Dados (“LGPD”) provides certain rights to residents of
Brazil. Information on how you can exercise rights under the LGPD are set forth
here.


OUR POLICY REGARDING CHILDREN

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Services: The Branch Services are not directed to children. We require that
Clients agree to not send to us data relating to any children under 13 (or, in
certain jurisdictions, under 16). If you are a Client and want to learn more
about Branch SDK Privacy Controls that you can use in your compliance with the
U.S. Children’s Online Privacy Protection Act (COPPA), GDPR, or any other
applicable law, please contact privacy@branch.io.
If you believe that we might have any information from or about a child under 13
(and in certain jurisdictions under 16) in violation of applicable law, please
contact us at privacy@branch.io, so that Branch can promptly investigate and
delete any information that it may have been provided inappropriately as
required by law.
Website: The Branch Website is not directed to children. We do not knowingly
collect through the Website Personal Data from anyone under the age of 16. If
you are under 16, please do not attempt to register or send any information
about yourself to us, including your name, address, telephone number, or email
address. No one under 16 may provide any Personal Data to us. In the event that
we learn that we have collected any such data from a child under 16 through our
Website, we will take reasonable steps to delete that information as quickly as
possible. If you believe that we might have any information from or about a
child under 16, please contact us at privacy@branch.io, so that Branch can
promptly investigate and delete any inappropriately obtained information as
required by law.


CONTACT US, QUESTIONS, CHANGES TO THIS PRIVACY POLICY

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We may change this Privacy Policy at any time in our sole discretion. We will
post all changes to this Privacy Policy on this page and will indicate at the
top of the page the modified Privacy Policy’s effective date. If you have any
questions or suggestions regarding this Privacy Policy, please contact us at:
Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at info@branch.io


COMPLIANCE

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This Privacy Policy shall be implemented by Branch and all its operating
divisions, subsidiaries and affiliates. Branch has put in place mechanisms to
verify ongoing compliance with this Privacy Policy.

EFFECTIVE JANUARY 1, 2023  TO  FEBRUARY 24, 2023

Download

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TABLE OF CONTENTS

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PRIVACY POLICY


THE BRANCH GUIDING PRIVACY PRINCIPLES

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We are a linking and analytics platform for app and website developers. And we
are proud of our commitment to providing our services in a privacy-first way. So
we thought it would be helpful to lay out, in plain English, the Branch Guiding
Privacy Principles that drive how we’ve chosen to design our services with
privacy as a top priority. We further describe our privacy practices in the
official Privacy Policy below this section, but we hope you’ll find this summary
of our principles helpful.
 * We limit the data we collect. We practice data minimization, which means that
   we take steps to avoid collecting or storing information that we don’t need
   to provide our services. The personal data that we collect to provide our
   services is limited to data like advertising identifiers, IP address, and
   information derived from resettable cookies (the full list is below in our
   privacy policy). We do not collect or store information such as names, email
   addresses, physical addresses, or SSNs to provide our services. Nor do we
   want to. In fact, our Terms & Conditions prohibit our customers from
   providing Branch with any kind of sensitive end-user information.
 * We will only provide you with data about actual end-user activity on your
   apps or websites. Customers who subscribe to our linking and analytics
   platform can only access “earned” cookies or identifiers. This means that an
   end user must visit a customer’s site before our customer can see the cookie;
   and an end user must download a customer’s app in order for Branch to collect
   the end user’s advertising identifier for that customer. In short, the Branch
   services benefit customers who already have seen an end user across their
   platforms and want to understand the relationship between those web visits
   and app sessions.
 * We do not rent or sell customer end user data. No Branch customer can access
   another Branch customer’s end-user data. And we are not in the business of
   renting or selling any customer’s end-user data to anyone else. To enable
   customers to control their end-user personal data, they can request deletion
   here of that data at any time, whether in bulk or for a specific end user.
   These controls are available to customers worldwide, although we designed
   them to comply with the CCPA and GDPR requirements.

Beyond these principles stated above, Branch will continue to find ways to
design our services to respect end user privacy. We’re committed to making sure
our customers understand how we use data they entrust to us and how they can
control it so that they can, in turn, be transparent with their end users.


INTRODUCTION

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Branch Metrics, Inc. ( "Branch", "us", "our" or "we") offers a linking and
analytics platform enabling developers of applications (our "Clients")--whether
those applications are websites or "apps," and across different types of
devices--to improve their end users’ ("Users") cross-application experiences,
and to derive additional insights into how their Users download and utilize
those applications. Branch recognizes and believes that data privacy is
important to all Internet users, and therefore we design and operate our
services in a privacy-first manner.
This Privacy Policy is divided into three parts:
 * Collection and Use of Information from Our Services: This section explains
   how Branch collects and uses information about Users in connection with our
   linking and analytics products and services (the "Branch Services" or the
   "Services").
 * Collection and Use of Information from Our Website and for Marketing
   Purposes: This section explains how we collect and use information about our
   website visitors through our website located at branch.io (the “Website”),
   which includes the dashboard we provide to our Clients located at
   dashboard.branch.io. So, if you are a Client using our Branch dashboard, this
   section applies to the data we collect from you. It also explains how we
   collect information about potential Clients from vendors and other sources to
   enhance our marketing efforts.
 * Policies Applicable to Both Our Services & Our Website: This section lays out
   the parts of the Branch Privacy Policy that apply to both the Services and to
   the Website.


COLLECTION AND USE OF INFORMATION FROM OUR SERVICES


WHAT INFORMATION DOES BRANCH COLLECT FROM OUR SERVICES?

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Below, we explain what information we collect on behalf of our Clients through
the Services, and how we use it. We process information in a way that is
relevant for the purpose for which it was collected as described below.


THE BRANCH SERVICES: OVERVIEW

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Branch provides a variety of Services intended to help Clients understand the
use of their digital properties by their Users across a wide array of platforms,
devices and applications. Branch helps Clients by connecting User interactions
across siloed applications (email, SMS, web browsers, social platforms, native
applications and others), so that Clients understand the multiple steps that a
User took to ultimately complete a transaction with the Client. The Client can
use this information to better inform marketing and product decisions as well as
to provide improved user experiences by using their knowledge of continuity.
Branch has no direct relationship with Users. Branch’s Services are provided
when Branch Clients install on their platforms “Branch Mechanisms” (including
links, pixels, direct platform integrations, etc.) that capture User action on
behalf of the Client. Using the information collected from these Branch
Mechanisms, Branch uses a variety of attribution techniques to connect User
actions across different channels and platforms. Some of these attribution
techniques include a direct pass-through of identifiers from platform to
platform, creating and storing identifiers unique to the Branch platform to
connect User actions and identifiers together, and predictive modeling
algorithms using real-time and historical data parameters observed from User
interactions where there are no shared identifiers available, as well as using
historical connections Branch has derived over time using our technology. In
some cases, these connections are made without the use of cookies. These
techniques help Clients match Users with devices they use, including matching
the same User across multiple devices.
The key use cases of Branch’s Services are:
 * To support Clients in implementing deep linking, which uses Branch’s
   connection information in real time to improve the User experience.
   * For example, if a User clicks on a link in an email or ad to a specific
     page in a Client’s app, Branch helps the User get to that page after they
     download the app.
 * To report individualized and aggregated analytics metrics about the
   performance of the Client’s product and marketing initiatives to the Client
   directly.
   * For example, Branch can tell a Client how many Users that downloaded an app
     or that went to a specific page in an app came from clicking on a specific
     link, and provide corresponding advertising or other identifiers.
 * To assist the Client by presenting real time, targeted messaging to their
   Users depending on past behavior observed across the Client’s tracked
   platforms with the purpose of driving more engagement to the Client.
   * For example, Branch can use Branch Mechanisms to provide a tailored message
     like a coupon code or special offer in your website to users who have
     interacted with your app and/or website in the past.

Branch requires that each Client commit to disclose to Branch only information
that it has lawfully obtained (including, where necessary, by obtaining consent
from Users), and that it has the right to disclose to Branch. We strongly
discourage Clients from disclosing sensitive User information with us, as such
information is not necessary for the provision of the Services, and we prohibit
them from providing us with data relating to children under 13 (or, in certain
jurisdictions, under 16).
In the charts below, we summarize the information collected automatically by the
Services.


INFORMATION COLLECTED BY BRANCH LINKS AND PIXELS

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Branch collects the following information from URLs created by the Client (i.e.,
Branch Links) and pixels placed on Client websites. Branch Links may be embedded
into QR Codes as configured by the Client. Some of this information is
considered personal data under applicable law (in other words, information that
itself may identify a unique individual or can be linked back to an individual)
(“Personal Data”).

Type of Information Collected Purpose
IP Address
Standard web HTTP request; used for attribution and to understand general
location
Cookie
Standard web cookies, used for device identification and attribution
Link Data
Metadata controlled by the Client, which may be used to interpret the data for
reporting, or for analytics
User Agent
Standard web browser user agent metadata; used for device identification and
attribution
Referer
Standard web browser HTTP referer; may be used for reporting and analytics
Request
Standard web HTTP request
Phone Number
(Optional) used only to facilitate the “Text me the app” feature if used
Engagement Data
Information relating to the Client’s ad campaigns and User interactions, such as
clicks on Client ads, Client ad impressions viewed, audiences or segments to
which an ad campaign is attributed, type of ads and the webpage from which such
ads were displayed, and webpages on Client’s website visited by a User.
Other interactions, events and actions Clients choose to measure and analyze
within their website (e.g., add to cart, purchases made, clicks, engagement time
etc.).


INFORMATION COLLECTED BY BRANCH SDKS

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SDKs are Software Development Kits that include code that allows Clients to use
the Branch Services. The Branch Mobile App SDKs, Web SDKs, and Over-the-Top
(OTT) SDKs collect the following information when Clients use these SDKs in
their applications or websites, some of which may be considered Personal Data
under applicable law:

Type of Information Collected Purpose
Advertising identifier (e.g., GAID, Android ID, IDFA, IDFV, RIDA)
Used for device identification and attribution
Branch Cookie ID
Used for device identification and attribution
IP Address
Standard web HTTP request; used for device identification, attribution, and to
understand general location
Referer
Standard web browser HTTP referer; may be used for reporting and analytics
Central Processing Unit (CPU) Type
Metadata feature used for device identification and attribution
System build version
Metadata feature used for device identification and attribution
Internet connection type
Metadata feature used for device identification and attribution
Application version
Metadata feature used for device identification and attribution
Device model
Metadata feature used for device identification and attribution
Manufacturer
Metadata feature used for device identification and attribution
Operating system
Metadata feature used for device identification and attribution
Operating system version
Metadata feature used for device identification and attribution
Screen size (height, width)
Metadata feature used for device identification and attribution
Screen resolution
Metadata feature used for device identification and attribution
Mobile network status (Wi-Fi, etc.)
Metadata feature used for device identification and attribution
Device locale (country and language)
Metadata feature used for device identification and attribution
Local IP address
Metadata feature used for device identification and attribution
Mobile platform
Metadata feature used for device identification and attribution
Branch SDK version
Metadata feature used for device identification and attribution
Developer ID
(optional) Client-supplied unique identifier; metadata feature Used for device
identification and attribution
Carrier ID
Metadata feature used for device identification and attribution
Engagement Data
Information relating to the Client’s ad campaigns and User interactions, such as
clicks on Client ads, Client ad impressions viewed, audiences or segments to
which an ad campaign is attributed, type of ads and the application page from
which such ads were displayed, pages on Client’s application visited by a User,
downloads, opt-in status for certain tracking mechanisms, and installations of
applications.
Other interactions, events and actions Clients choose to measure and analyze
within their application (e.g., add to cart, purchases made, clicks, engagement
time etc.).

In addition to the information identified above, the Branch Desktop SDKs collect
the following identifiers when Clients use these SDKs in their desktop
applications, some of which may be considered Personal Data under applicable
law:

Type of Information Collected Purpose
MAC address
Used for device identification and attribution
Windows Advertising ID
Used for device identification and attribution
CPU ID
Used for device identification and attribution


INFORMATION COLLECTED BY OTHER PARTIES

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As part of Branch’s Services, Branch’s Clients may direct certain of their
vendors or business partners (such as an ad network or vendor) to provide
certain Engagement Data to Branch on the Client’s behalf.


HOW DOES BRANCH USE INFORMATION COLLECTED BY OUR SERVICES?

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Data Branch collects through the Services is processed:
 * to better understand how and from where Users come to download certain apps,
   what types of apps are popular, or to recognize browsers and devices that are
   likely to be operated by the same User.
 * to provide, maintain, optimize, research and improve the Branch Services we
   provide our Clients, including to support other Branch products and services,
   develop new products and services, and market products or services; to
   support the products and services of our Clients; and as permitted or
   required by applicable law.
 * to fulfill Clients’ and prospective Clients’ requests for the Services
   including processing data at the Client’s direction and transferring User
   data to them. Branch does not control how Clients use information Branch
   discloses to Clients, and Users should read Clients’ Privacy Policies to
   understand how they use information they receive from Branch.
 * to aggregate data across various sources, including data from various Clients
   or other parties.
 * to create reports based on aggregated information, which is information that
   cannot reasonably be linked back to any individual person or Client and
   disclose these reports to the public.
 * for anti-fraud protection and analysis relating to the Services to ensure
   more accurate attribution measurement, general fraud prevention, or where
   otherwise required by law.

We may aggregate and/or de-identify the data we collect through the Services.
After data has been aggregated and/or de-identified, Branch cannot use it to
personally identify an individual. We may use de-identified and/or aggregated
data for any purpose, including without limitation for research and marketing
purposes, and may also disclose such data to any other parties, including
business partners, Clients, and/or others.


OUR CLIENTS’ USE OF INFORMATION

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Our Clients may use the information collected via the Services to improve their
Users’ app experiences, customize their apps to Users, and to better understand
their app marketing programs and how Users discover their apps. For example, a
User may want to disclose information about a hotel that she found in a travel
app to a friend. When that User sends her friend a Branch link to that hotel,
after clicking the link the friend is brought directly to the content relating
to that hotel within the app, rather than landing on the app’s homepage and
having to search for the hotel. The travel app would also gain insights and
analytics as to how the content is being disclosed from its app.
We require that our Clients utilize our Services responsibly and in accordance
with our Terms & Conditions. Branch is not responsible for the data practices of
any of our Clients through the Services or otherwise. Each Client’s practices
are subject to each Client’s individual privacy policy. Users should review the
privacy policy of each Client to understand how that Client uses User
information collected through the Services.


USER CHOICES

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Branch recognizes a number of consumer choice mechanisms. Due to the nature of
the Services, some functionality may be degraded or no longer work as a result
if you exercise certain of the opt-outs below.
Branch’s Browser Cookie Opt-Out: Our cookie-based opt-out can be accessed by
clicking here. This will place a Branch opt-out cookie on your browser. Where
Branch detects the presence of that opt-out cookie, we will no longer read or
set cookies (beyond the opt-out cookie itself). Cookie-based opt outs must be
performed on each device and browser that you wish to have opted-out. For
example, if you have opted-out on your computer browser, that opt out will not
be effective on your mobile device.
NAI Browser-Based Opt-Out: Branch is a member of the Network Advertising
Initiative (“NAI”) and adheres to its Code of Conduct. NAI provides you with the
opportunity to opt out (on a browser-by-browser basis) from interest-based
advertising by participating NAI members, including Branch. That opt-out is
available here.
Device-Based Opt-Out: You can submit a request to opt out of the Branch Services
on a particular device by submitting a request here.
Device Identifiers: To use your device’s privacy settings controls, please visit
the privacy settings menu of your device to review and access the privacy
controls made available on the device. Branch will only be able to collect
information from the device as permitted by these settings.
Client App Opt-out Controls: Branch‘s SDK Privacy Controls allow Clients to
respect granular controls regarding User data. Clients can flag in the Branch
SDK that a particular User’s data should not be processed by Branch, in which
case Branch will no longer process engagement data on behalf of the Client for
that User.
Engagement Builder: Branch's Engagement Builder feature may be used to help
Clients conduct re-engagement and re-targeting campaigns. We require that
Clients using Branch’s Engagement Builder feature for such purposes respect User
opt-out preferences passed to them by Branch.


COLLECTION AND USE OF INFORMATION FROM OUR WEBSITE AND FOR MARKETING PURPOSES


WHAT INFORMATION DOES BRANCH COLLECT ABOUT WEBSITE VISITORS AND POTENTIAL
CUSTOMERS?

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Branch collects information from Website visitors (“you” or “Website Users”)
located at www.branch.io ( the “Website”), which includes the dashboard provided
to our Clients located at dashboard.branch.io. The types of information we may
collect and our privacy practices depend on the nature of the relationship you
have with us and the requirements of applicable law. Below are the legal bases
and some of the ways we collect information and how we use it. We process
information in a way that is relevant for the purpose for which it was collected
as described below.


WHAT WE COLLECT FROM CLIENTS THAT USE THE WEBSITE

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Branch collects Personal Data and non-personal data via the Website. For
example, when Clients register to use our Services, we ask them to provide us
with Personal Data, including first and last name and email address.
Dashboard Information: Information we collect from visitors who register for an
account on our dashboard includes the following, some of which is considered
Personal Data under applicable law:

Type of Information Collected Purpose
IP Address
Standard web HTTP request; may be used for limited security login controls
Cookie (ours)
Standard web cookie used for dashboard session management
Cookie (third-party)
Third-party web tracking tools used for business intelligence
First, Last Name
Used for team user identification
Work Email
Used as the primary login identifier
Password
Account registration, secure our Services and prevent fraud
Account Holder Primary Role
Account registration, tell Clients about products and services offered by Branch
and Branch’s selected partners
User Agent
Standard web browser user agent metadata; may be used for limited security login
controls
Referer
Standard web browser HTTP referer; may be used for general internal business
analytics
Request
Standard web HTTP request; may be used for general internal business analytics
Github ID
(optional) Can be used as a login method
Billing information
Payment account registration
Log Data
Provide the Services, tell Clients about products and services offered by Branch
and Branch’s selected partners, personalize our experience, secure our Services
and prevent fraud, and defend our legal rights and comply with the law
Account holder feedback
Help us improve your experience on the account dashboard

When a Client creates an account and uses the Services, Branch may collect
certain log data, such as IP address from which a Client is connecting to the
Services, information related to the device being used to connect to the
Services (e.g., browser type and version, device type, OS version) and the
features and functions of the Services used by the Client (“Log Data”).
We also require Clients to set up a user ID and unique password for account
security purposes. Clients must not disclose their passwords to anyone. Clients
also have the option of adding other team members to their account. This account
information enables us to set up an account for Clients, to provide the
Services, and to otherwise manage Client accounts. We may also use this
information to notify Clients about updates to our Services and provide them
with promotional emails. We offer a mechanism to opt out from promotional emails
as described in the “Opt-Out from Promotional Emails” section below.
Account and Billing Information: To the extent that we charge a fee for the
Services, we may also collect limited billing, payment, and contract information
from Clients through our payment and contract vendors.
Connection Information with Other Parties: Some features of the dashboard
Services allow you to disclose your information through your accounts to other
companies such as Facebook and Google. If you choose to connect Branch to such
services provided by other parties, we may collect information related to your
use of those services provided by other parties, such as authentication tokens
that allow us to connect to your accounts with those other parties. We will ask
you for permission before you authorize our collection of this information. We
may also collect information about how you are using the Services to interact
with those connected services.
Information from Other Sources: In addition to the information collected through
our Website, we or our vendors may obtain and disclose additional information,
such as job title or contact information, from other public and non-public
sources such as business websites, social networking platforms, or databases
maintained by other parties. We use this information to better enable Branch to
identify and contact businesses that might be interested in engaging our
Services, and to gain a better understanding of a potential Client’s business
needs.
Communications with Branch: Some Website Users may provide Personal Data to
Branch by sending us an email or filling out an online form on the Website. We
use this information to answer their question(s), and may store that information
for our record keeping, marketing, and advertising purposes.
Research/Survey Solicitations: From time to time, we may perform research
(online and offline) via surveys. We may engage vendors to conduct such surveys
on our behalf. All survey responses are voluntary, and the information collected
will be used for research and reporting purposes to help us better serve
individuals by learning more about their needs and the quality of the products
and services we provide. The survey responses may be utilized to determine the
effectiveness of our Website, various types of communications, advertising
campaigns and/or promotional activities.
Cookies, Pixels and Web Beacons: We also collect other data via the Website from
Website Users, including Website Users employed by or affiliated with Clients,
through cookies and/or web beacons. Such information, some of which may be
considered Personal Data under applicable law, may include IP address, pages
viewed, browser type, Internet browsing and usage habits, how you browse and
navigate the Website, Internet Service Provider, domain name, the time/date of
your visit to the Website, the referring URL, and your computer’s operating
system. For example, we may collect on a real-time basis information on how you
use and navigate the Website.
If you permit the use of cookies and web beacons when you visit and continue to
use the Website, we will collect information through those tools. Cookies are
small data files stored on your hard drive by a website and web beacons are
electronic images that may be used on our Website or in our emails. Cookies help
us improve your experience on the Website as well as our marketing activities.
We use cookies to see which areas and features are popular and to count visits
to our Website. For more information about cookies and web beacons, please visit
http://www.allaboutcookies.org/. For more information about how to opt-out of
cookies and web beacons after you have consented to their use, see the “Opt-out
from Website Cookies/Web Beacons” section below.


HOW DOES BRANCH USE THE INFORMATION COLLECTED?

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Branch processes the data described in the section above for the following
purposes:
 * to provide, maintain, optimize, research and improve the Website;
 * to fulfill your and prospective Clients’ requests for the Services;
 * to send information about the Services including confirmations, invoices,
   payment processing, technical notices, updates, security alerts, and support
   and administrative messages;
 * to communicate about products and services offered by Branch and Branch's
   selected partners. We receive opt-in consent to send promotional and
   marketing messages to Website Users where required by applicable law. You can
   opt-out of receiving these messages at any time as described below in the
   section titled: “Opt-out from Promotional Emails”;
 * to conduct research;
 * to manage your information and account, to improve and administer our
   Website, to contact Website Users to answer questions or resolve problems, or
   to verify your identity;
 * to conduct research to help us to optimally deliver our existing Services or
   develop new products, processes and services;
 * for ad delivery and reporting purposes and to create data and analytics
   products and services;
 * to make the Website easier to use by reducing the need for Clients and
   Website Users to enter information;
 * for other purposes disclosed to you at the time you provide data to us;
 * with your consent; or
 * where Branch otherwise has a legitimate interest in collecting the data, such
   as direct marketing, individual or market research, product improvement,
   anti-fraud protection, protecting the safety of us, our Website Users, or
   other parties, or where required by law.


OPT-OUT & DO NOT TRACK - YOUR CHOICE MECHANISMS

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In some cases, we rely on your consent to process Personal Data about you. In
those cases, and where you have consented to Branch's processing of your
Personal Data in connection with your use of the Website, you may withdraw that
consent at any time by following the instructions below. Additionally, before we
use Personal Data collected with your consent for any new purpose not originally
authorized by you, we will provide information regarding the new purpose and ask
for your consent for the new purpose. Where your consent for the processing of
Personal Data is otherwise required by law or contract, we will comply with the
law or contract. In other cases, we do not rely on your consent to process
Personal Data about you (for example, if we have a different legal basis to
process that data).


OPT OUT FROM PROMOTIONAL EMAILS

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You can opt-out of receiving promotional emails from us by following the
instructions in those emails, or by filling out this form. You can also opt-out
of certain categories of emails using this form. If you opt-out using any of
these tools, we may still send you non-promotional emails, such as certain
updates about your account or updates to our Terms & Conditions and this Privacy
Policy and/or use of the Services.


OPT OUT FROM WEBSITE COOKIES/WEB BEACONS

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We will only use cookies consistent with your cookie settings and permissions
granted on our Website. If you permit us to use cookies/web beacons as discussed
above (“What Information Does Branch Collect from our Website”), but would like
to opt-out:
 * For dashboard users, visit https://dashboard.branch.io/account-settings/user,
   and toggle off “Cookie Consent”.
 * For all other users, click on “Cookie Consent” at the bottom right-hand
   corner of our homepage (https://branch.io/), and click on the opt-out link.

Also, you can choose to set your browser to remove cookies and to reject
cookies. To exercise the "Do Not Track" settings available on certain web
browsers, please visit the privacy settings of your browser. Where Branch is
able to see that such a selection has been made, we will not use information
collected from that device to target advertising on that browser. Dashboard
users must use the “Cookie Consent” feature to revoke permission to place
cookies. Please note that "Do Not Track" is a different privacy mechanism than
the Global Privacy Control browser choice referenced below.
Note that, even if you opt out, we may still collect and use non-personal data
regarding your activities on our Website. This also does not opt you out of
being served advertising altogether; you will continue to receive generic
advertisements.


VENDOR TOOLS/ANALYTICS ON THE WEBSITE

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The Website utilizes tracking tools from vendors, which may enable these vendors
to analyze our Website traffic for analytics purposes. Some of these vendors may
collect information from this Website for retargeting and interest-based
advertising purposes. For more information about these forms of ad targeting and
to understand your right to opt-out from these practices, please visit
http://www.aboutads.info/choices/. All of these tools are hosted by the parties
who provide them, and your interactions with these features are governed by the
privacy policies of the parties providing them. These tools include, but are not
limited to, those below.
Google. We may use Google Analytics and Google Analytics Demographics and
Interest Reporting to collect information regarding visitor behavior and visitor
demographics on our Website, and to develop website content. For more
information about Google Analytics, please visit
www.google.com/policies/privacy/partners/. You can opt-out of Google’s
collection and processing of data generated by your use of the Website by going
to http://tools.google.com/dlpage/gaoptout.
Mixpanel . We use a service provided by Mixpanel, Inc. (“Mixpanel”) to provide
us with analytics data regarding Website Users’ interactions with our Website
and Services. You may opt-out of Mixpanel’s automatic retention of data that is
collected while using the Services by visiting https://mixpanel.com/optout/. To
track opt-outs, Mixpanel uses a persistent opt-out cookie placed on your device.
Please note that if you get a new computer, install a new browser, erase or
otherwise alter the browser’s cookie file (including upgrading certain
browsers), you may delete the Mixpanel opt-out cookie.
Facebook . We may use certain tools offered by Facebook, Inc. (“Facebook”) that
enable it to collect or receive information about actions Website Users take on
our Website through use of cookies, web beacons and other storage technologies
or in order to provide measurement services, targeted ads and other services.
For more information regarding the collection and use of such information by
Facebook, please see the Facebook Data Policy, available at:
https://www.facebook.com/policy.php .
Drift . We use certain tools offered by Drift to power our Website’s live-chat
experience. If you provide information about yourself through that live-chat
experience, then we may store that information for marketing purposes. Drift may
also infer information about the company that you work for you based on your IP
address.


POLICIES APPLICABLE TO BOTH OUR SERVICES & OUR WEBSITE


WHEN DOES BRANCH DISCLOSE INFORMATION?

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In addition to the ways described in our Terms & Conditions and this Privacy
Policy, Branch may also disclose information to others under the following
circumstances:
 * With vendors, consultants and other parties who work for us and need access
   to information we collect to do that work.
 * With our Clients and their agents, as described in this Policy.
 * To other parties (such as advertising networks or vendors used by our
   Clients), as directed by our Clients.
 * To comply with laws or to respond to lawful requests and legal process
   including to meet national security or law enforcement requirements, and in
   order to investigate, prevent, or take action regarding suspected, or actual,
   prohibited activities, including but not limited to fraud and situations
   involving potential threats to the physical safety of any person.
 * To protect the rights and property of Branch, our agents, Clients, Users,
   Website Users, and others including to enforce our agreements, policies, and
   Terms & Conditions.
 * To Branch’s subsidiaries and affiliates as necessary to help us provide,
   support, and maintain the Services.
 * In connection with or during negotiation of any merger, sale of company
   assets, financing, or acquisition of all or a portion of our business to
   another company.


UPDATING YOUR INFORMATION AND CONTACT PREFERENCES

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We provide Clients with a mechanism to access, review and update information via
the dashboard. If you wish to review or update your information, please visit
branch.io and login using the username and password you created. Next, please
select “Account Settings” which can be found in the lower left corner of the
dashboard screen, then select the “User” tab near the top. If you would like to
delete your account, please email support@branch.io.


WE SECURE THE INFORMATION WE COLLECT

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Securing the information provided by our Clients and collected through our
Website is important to us. Branch has implemented industry-standard technical,
administrative, and physical safeguards to help protect the information on our
servers against unauthorized access, alteration, disclosure or destruction. You
are responsible for maintaining the secrecy of your own passwords. If you have
reason to believe that your passwords or Personal Data are no longer secure,
please promptly notify us at privacy@branch.io.


OUR DATA RETENTION POLICY

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For our Services: Branch stores the information collected by our Services (see
the “What Information Does Branch Collect from our Services?” section above) so
long as our systems continue to encounter that User. After that User has been
inactive for 30 days (or 90 days for specific attribution products), identifiers
collected from that User will be deleted unless otherwise required by applicable
law or otherwise agreed between Branch and the Client.
Usage activity logs, which are used for the purpose of reporting and analytics,
are stored in an identifiable form for no more than 7 days (or up to 60 days as
determined by the Client or for specific fields), after which these logs are
removed or pseudonymized. Any and all pseudonymized logs are deleted after 12
months, unless otherwise required by applicable law or otherwise agreed between
Branch and the Client.
Aggregated reporting metrics disclosed to Clients are retained (in aggregate and
anonymized form) for up to 24 months, unless otherwise required by applicable
law or otherwise agreed between Branch and the Client.
Branch may retain information collected by our Services beyond these periods for
fraud prevention, analysis, or response, or to protect the safety of Branch, its
Clients, Users or the public.
For the Website: We store Personal Data such as email address or billing details
for so long as you continue to have a business relationship with Branch and for
a reasonable time thereafter for record-keeping purposes. If applicable to you,
you may ask us to delete that information as described in the “Data Subject
Rights” section below or pursuant to your right of erasure as described in the
“Data Subject Rights” section below.


LINKS TO OTHER WEBSITES

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The Website and/or Services may contain links to other websites and other
websites may reference or link to our Website and/or Services. These other
domains and websites are not controlled by Branch, and we do not endorse or make
any representations about websites or social media platforms operated by other
parties. We encourage you to read the privacy policies of each and every website
and application that you interact with. We do not endorse, screen, or approve,
and are not responsible for the privacy practices or content of such other
websites or applications. Visiting these other websites or applications is at
your own risk.


INTERNATIONAL DATA TRANSFERS

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All information collected via the Website and Services is stored on servers
located in the United States. In the process of providing the Services, we may
transfer information across borders from other countries or jurisdictions into
the United States. Data protection laws in the United States may differ from
your country, and the data Branch processes may be accessible to law enforcement
and national security authorities under certain circumstances. By using the
Services, each Client and Website User consents to the transfer and processing
of information to the U.S. in accordance with this Privacy Policy. Data
transfers from the European Union, United Kingdom, and Switzerland are
transferred on the basis of legal mechanisms approved by the European Commission
and other relevant authorities for cross-border data transfers, such as Standard
Contractual Clauses or the Privacy Shield mechanism discussed in the “Privacy
Shield For EU, UK, and Swiss Personal Data Transferred into the United States”
section below.


PRIVACY SHIELD FOR EU, UK, AND SWISS PERSONAL DATA TRANSFERRED INTO THE UNITED
STATES

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Branch complies with the E.U.-U.S. Privacy Shield Framework and the Swiss-US
Privacy Shield Framework as set forth by the U.S. Department of Commerce
regarding the collection, use, and retention of Personal Data from European
Union member countries (including European Economic Area member countries), the
United Kingdom, and Switzerland transferred to the United States pursuant to
Privacy Shield. Branch recognizes that the Court of Justice of the European
Union ruled in July 2020 that a certification under the EU-U.S. Privacy Shield
Framework no longer can serve as the basis by which entities subject to the GDPR
export personal data to jurisdictions outside the European Economic Area, and
that the Swiss Data Protection Authority similarly held the Swiss-US Privacy
Shield inadequate. Branch will continue to honor its obligation to comply with
the Privacy Shield Principles with respect to data that was transferred pursuant
to the EU-U.S. and Swiss-U.S. Privacy Shield Framework. If there is any conflict
between the policies in this Privacy Policy and data subject rights under the
Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn
more about the Privacy Shield program, and to view our certification page,
please visit https://www.privacyshield.gov.
Branch no longer relies on the EU-U.S. Privacy Shield to transfer data that
originated in the EEA or the United Kingdom to the U.S.
Branch is subject to the investigatory and enforcement authority of the US
Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks we are obliged to inform EU, UK, and
Swiss individuals whose data is being transferred into the United States that we
may be required to release Personal Data in response to lawful requests by
public authorities including to meet national security and law enforcement
requirements.
Branch remains liable for the onward transfer of EU, UK, and Swiss personal data
to other parties pursuant to the Privacy Shield unless we can prove we were not
a party to the actions giving rise to the damages.
We acknowledge the right of EU, UK, and Swiss individuals to access their
Personal Data pursuant to the Privacy Shield. EU, UK, and Swiss individuals
wishing to exercise this right may do so by contacting privacy@branch.io.
In compliance with the Privacy Shield Principles, Branch commits to resolve
complaints about your privacy and our collection or use of your personal
information transferred to the United States pursuant to Privacy Shield.
European Union, UK, and Swiss individuals with Privacy Shield inquiries or
complaints should first contact Branch at:
Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at privacy@branch.io
Branch has further committed to refer unresolved privacy complaints under the
Privacy Shield Principles to an independent dispute resolution mechanism, the
BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive
timely acknowledgment of your complaint, or if your complaint is not
satisfactorily addressed, please visit
http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and
to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels,
under certain conditions, you may invoke binding arbitration for some residual
claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at
https://www.privacyshield.gov/article?id=ANNEX-I-introduction.


DATA SUBJECT RIGHTS

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California Consumer Privacy Act
The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
natural persons who are residents of California. Our CCPA privacy notice is
available here.
Rights of Residents of the European Economic Area and United Kingdom
The European General Data Protection Regulation of 2018 (“GDPR”) and equivalent
requirements in the United Kingdom including the Data Protection Act 2018 and
the United Kingdom General Data Protection Regulation (“UK Data Protection Law”)
provides certain rights to residents of Europe. Information on how you can
exercise rights under the GDPR and UK Data Protection Law are set forth here.
Lei Geral de Proteção de Dados
Lei Geral de Proteção de Dados (“LGPD”) provides certain rights to residents of
Brazil. Information on how you can exercise rights under the LGPD are set forth
here.


OUR POLICY REGARDING CHILDREN

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Services: The Branch Services are not directed to children. We require that
Clients agree to not send to us data relating to any children under 13 (or, in
certain jurisdictions, under 16). If you are a Client and want to learn more
about Branch SDK Privacy Controls that you can use in your compliance with the
U.S. Children’s Online Privacy Protection Act (COPPA), GDPR, or any other
applicable law, please contact privacy@branch.io.
If you believe that we might have any information from or about a child under 13
(and in certain jurisdictions under 16) in violation of applicable law, please
contact us at privacy@branch.io, so that Branch can promptly investigate and
delete any information that it may have been provided inappropriately as
required by law.
Website: The Branch Website is not directed to children. We do not knowingly
collect through the Website Personal Data from anyone under the age of 16. If
you are under 16, please do not attempt to register or send any information
about yourself to us, including your name, address, telephone number, or email
address. No one under 16 may provide any Personal Data to us. In the event that
we learn that we have collected any such data from a child under 16 through our
Website, we will take reasonable steps to delete that information as quickly as
possible. If you believe that we might have any information from or about a
child under 16, please contact us at privacy@branch.io, so that Branch can
promptly investigate and delete any inappropriately obtained information as
required by law.


CONTACT US, QUESTIONS, CHANGES TO THIS PRIVACY POLICY

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We may change this Privacy Policy at any time in our sole discretion. We will
post all changes to this Privacy Policy on this page and will indicate at the
top of the page the modified Privacy Policy’s effective date. If you have any
questions or suggestions regarding this Privacy Policy, please contact us at:
Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at info@branch.io


COMPLIANCE

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This Privacy Policy shall be implemented by Branch and all its operating
divisions, subsidiaries and affiliates. Branch has put in place mechanisms to
verify ongoing compliance with this Privacy Policy.

EFFECTIVE DECEMBER 29, 2022  TO  JANUARY 1, 2023

Download

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TABLE OF CONTENTS

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Privacy Policy








The Branch Guiding Privacy Principles



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We are a linking and analytics platform for app and website developers. And we
are proud of our commitment to providing our services in a privacy-first way. So
we thought it would be helpful to lay out, in plain English, the Branch Guiding
Privacy Principles that drive how we’ve chosen to design our services with
privacy as a top priority. We further describe our privacy practices in the
official Privacy Policy below this section, but we hope you’ll find this summary
of our principles helpful.

 * We limit the data we collect. We practice data minimization, which means that
   we take steps to avoid collecting or storing information that we don’t need
   to provide our services. The personal data that we collect to provide our
   services is limited to data like advertising identifiers, IP address, and
   information derived from resettable cookies (the full list is below in our
   privacy policy). We do not collect or store information such as names, email
   addresses, physical addresses, or SSNs to provide our services. Nor do we
   want to. In fact, our Terms & Conditions prohibit our customers from
   providing Branch with any kind of sensitive end-user information.
 * We will only provide you with data about actual end-user activity on your
   apps or websites. Customers who subscribe to our linking and analytics
   platform can only access “earned” cookies or identifiers. This means that an
   end user must visit a customer’s site before our customer can see the cookie;
   and an end user must download a customer’s app in order for Branch to collect
   the end user’s advertising identifier for that customer. In short, the Branch
   services benefit customers who already have seen an end user across their
   platforms and want to understand the relationship between those web visits
   and app sessions.
 * We do not rent or sell customer end user data. No Branch customer can access
   another Branch customer’s end-user data. And we are not in the business of
   renting or selling any customer’s end-user data to anyone else. To enable
   customers to control their end-user personal data, they can request deletion
   here of that data at any time, whether in bulk or for a specific end user.
   These controls are available to customers worldwide, although we designed
   them to comply with the CCPA and GDPR requirements.

Beyond these principles stated above, Branch will continue to find ways to
design our services to respect end user privacy. We’re committed to making sure
our customers understand how we use data they entrust to us and how they can
control it so that they can, in turn, be transparent with their end users.

Introduction

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Branch Metrics, Inc. ("Branch", "us", "our" or "we") offers a linking and
analytics platform enabling developers of applications (our "Clients")--whether
those applications are websites or "apps," and across different types of
devices--to improve their end users’ ("Users") cross-application experiences,
and to derive additional insights into how their Users download and utilize
those applications. Branch recognizes and believes that data privacy is
important to all Internet users, and therefore we design and operate our
services in a privacy-first manner.

This Privacy Policy is divided into three parts:

 * Collection and Use of Information from Our Services: This section explains
   how Branch collects and uses information about Users in connection with our
   linking and analytics products and services (the "Branch Services" or the
   "Services").
 * Collection and Use of Information from Our Website and for Marketing
   Purposes: This section explains how we collect and use information about our
   website visitors through our website located at branch.io (the “Website”),
   which includes the dashboard we provide to our Clients located at
   dashboard.branch.io. So, if you are a Client using our Branch dashboard, this
   section applies to the data we collect from you. It also explains how we
   collect information about potential Clients from vendors and other sources to
   enhance our marketing efforts.
 * Policies Applicable to Both Our Services & Our Website: This section lays out
   the parts of the Branch Privacy Policy that apply to both the Services and to
   the Website.

Collection and Use of Information from Our Services

What Information Does Branch Collect from Our Services?

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Below, we explain what information we collect on behalf of our Clients through
the Services, and how we use it. We process information in a way that is
relevant for the purpose for which it was collected as described below.

The Branch Services: Overview

Branch provides a variety of Services intended to help Clients understand the
use of their digital properties by their Users across a wide array of platforms,
devices and applications. Branch helps Clients by connecting User interactions
across siloed applications (email, SMS, web browsers, social platforms, native
applications and others), so that Clients understand the multiple steps that a
User took to ultimately complete a transaction with the Client. The Client can
use this information to better inform marketing and product decisions as well as
to provide improved user experiences by using their knowledge of continuity.

Branch has no direct relationship with Users. Branch’s Services are provided
when Branch Clients install on their platforms “Branch Mechanisms” (including
links, pixels, direct platform integrations, etc.) that capture User action on
behalf of the Client. Using the information collected from these Branch
Mechanisms, Branch uses a variety of attribution techniques to connect User
actions across different channels and platforms. Some of these attribution
techniques include a direct pass-through of identifiers from platform to
platform, creating and storing identifiers unique to the Branch platform to
connect User actions and identifiers together, and predictive modeling
algorithms using real-time and historical data parameters observed from User
interactions where there are no shared identifiers available, as well as using
historical connections Branch has derived over time using our technology. In
some cases, these connections are made without the use of cookies. These
techniques help Clients match Users with devices they use, including matching
the same User across multiple devices.

The key use cases of Branch’s Services are:

 * To support Clients in implementing deep linking, which uses Branch’s
   connection information in real time to improve the User experience.
   * For example, if a User clicks on a link in an email or ad to a specific
     page in a Client’s app, Branch helps the User get to that page after they
     download the app.
 * To report individualized and aggregated analytics metrics about the
   performance of the Client’s product and marketing initiatives to the Client
   directly.
   * For example, Branch can tell a Client how many Users that downloaded an app
     or that went to a specific page in an app came from clicking on a specific
     link, and provide corresponding advertising or other identifiers.
 * To assist the Client by presenting real time, targeted messaging to their
   Users depending on past behavior observed across the Client’s tracked
   platforms with the purpose of driving more engagement to the Client.
   * For example, Branch can use Branch Mechanisms to provide a tailored message
     like a coupon code or special offer in your website to users who have
     interacted with your app and/or website in the past.

Branch requires that each Client commit to disclose to Branch only information
that it has lawfully obtained (including, where necessary, by obtaining consent
from Users), and that it has the right to disclose to Branch. We strongly
discourage Clients from disclosing sensitive User information with us, as such
information is not necessary for the provision of the Services, and we prohibit
them from providing us with data relating to children under 13 (or, in certain
jurisdictions, under 16).

In the charts below, we summarize the information collected automatically by the
Services.

Information Collected By Branch Links and Pixels

Branch collects the following information from URLs created by the Client (i.e.,
Branch Links) and pixels placed on Client websites. Branch Links may be embedded
into QR Codes as configured by the Client. Some of this information is
considered personal data under applicable law (in other words, information that
itself may identify a unique individual or can be linked back to an individual)
(“Personal Data”).



Type of Information Collected

Purpose

IP Address

Standard web HTTP request; used for attribution and to understand general
location

Cookie

Standard web cookies, used for device identification and attribution

Link Data

Metadata controlled by the Client, which may be used to interpret the data for
reporting, or for analytics

User Agent

Standard web browser user agent metadata; used for device identification and
attribution

Referer

Standard web browser HTTP referer; may be used for reporting and analytics

Request

Standard web HTTP request

Engagement Data

Information relating to the Client’s ad campaigns and User interactions, such as
clicks on Client ads, Client ad impressions viewed, audiences or segments to
which an ad campaign is attributed, type of ads and the webpage from which such
ads were displayed, and webpages on Client’s website visited by a User.

Other interactions, events and actions Clients choose to measure and analyze
within their website (e.g., add to cart, purchases made, clicks, engagement time
etc.).





Information Collected by Branch SDKs

SDKs are Software Development Kits that include code that allows Clients to use
the Branch Services. The Branch Mobile App SDKs, Web SDKs, and Over-the-Top
(OTT) SDKs collect the following information when Clients use these SDKs in
their applications or websites, some of which may be considered Personal Data
under applicable law:



Type of Information Collected

Purpose

Advertising identifier (e.g., GAID, Android ID, IDFA, IDFV, RIDA)

Used for device identification and attribution

Branch Cookie ID

Used for device identification and attribution

IP Address

Standard web HTTP request; used for device identification, attribution, and to
understand general location

Referer

Standard web browser HTTP referer; may be used for reporting and analytics

Central Processing Unit (CPU) Type

Metadata feature used for device identification and attribution

System build version

Metadata feature used for device identification and attribution

Internet connection type

Metadata feature used for device identification and attribution

Application version

Metadata feature used for device identification and attribution

Device model

Metadata feature used for device identification and attribution

Manufacturer

Metadata feature used for device identification and attribution

Operating system

Metadata feature used for device identification and attribution

Operating system version

Metadata feature used for device identification and attribution

Screen size (height, width)

Metadata feature used for device identification and attribution

Screen resolution

Metadata feature used for device identification and attribution

Mobile network status (Wi-Fi, etc.)

Metadata feature used for device identification and attribution

Device locale (country and language)

Metadata feature used for device identification and attribution

Local IP address

Metadata feature used for device identification and attribution

Mobile platform

Metadata feature used for device identification and attribution

Branch SDK version

Metadata feature used for device identification and attribution

Developer ID

(optional) Client-supplied unique identifier; metadata feature Used for device
identification and attribution

Carrier ID

Metadata feature used for device identification and attribution

Engagement Data

Information relating to the Client’s ad campaigns and User interactions, such as
clicks on Client ads, Client ad impressions viewed, audiences or segments to
which an ad campaign is attributed, type of ads and the application page from
which such ads were displayed, pages on Client’s application visited by a User,
downloads, opt-in status for certain tracking mechanisms, and installations of
applications.

Other interactions, events and actions Clients choose to measure and analyze
within their application (e.g., add to cart, purchases made, clicks, engagement
time etc.).





In addition to the information identified above, the Branch Desktop SDKs collect
the following identifiers when Clients use these SDKs in their desktop
applications, some of which may be considered Personal Data under applicable
law:



Type of Information Collected

Purpose

MAC address

Used for device identification and attribution

Windows Advertising ID

Used for device identification and attribution

CPU ID

Used for device identification and attribution





Information Collected By Other Parties

As part of Branch’s Services, Branch’s Clients may direct certain of their
vendors or business partners (such as an ad network or vendor) to provide
certain Engagement Data to Branch on the Client’s behalf.

How Does Branch Use Information Collected by Our Services?

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Data Branch collects through the Services is processed:

 * to better understand how and from where Users come to download certain apps,
   what types of apps are popular, or to recognize browsers and devices that are
   likely to be operated by the same User.
 * to provide, maintain, optimize, research and improve the Branch Services we
   provide our Clients, including to support other Branch products and services,
   develop new products and services, and market products or services; to
   support the products and services of our Clients; and as permitted or
   required by applicable law.
 * to fulfill Clients’ and prospective Clients’ requests for the Services
   including processing data at the Client’s direction and transferring User
   data to them. Branch does not control how Clients use information Branch
   discloses to Clients, and Users should read Clients’ Privacy Policies to
   understand how they use information they receive from Branch.
 * to aggregate data across various sources, including data from various Clients
   or other parties.
 * to create reports based on aggregated information, which is information that
   cannot reasonably be linked back to any individual person or Client and
   disclose these reports to the public.
 * for anti-fraud protection and analysis relating to the Services to ensure
   more accurate attribution measurement, general fraud prevention, or where
   otherwise required by law.

We may aggregate and/or de-identify the data we collect through the Services.
After data has been aggregated and/or de-identified, Branch cannot use it to
personally identify an individual. We may use de-identified and/or aggregated
data for any purpose, including without limitation for research and marketing
purposes, and may also disclose such data to any other parties, including
business partners, Clients, and/or others.

Our Clients’ Use of Information

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Our Clients may use the information collected via the Services to improve their
Users’ app experiences, customize their apps to Users, and to better understand
their app marketing programs and how Users discover their apps. For example, a
User may want to disclose information about a hotel that she found in a travel
app to a friend. When that User sends her friend a Branch link to that hotel,
after clicking the link the friend is brought directly to the content relating
to that hotel within the app, rather than landing on the app’s homepage and
having to search for the hotel. The travel app would also gain insights and
analytics as to how the content is being disclosed from its app.

We require that our Clients utilize our Services responsibly and in accordance
with our Terms & Conditions. Branch is not responsible for the data practices of
any of our Clients through the Services or otherwise. Each Client’s practices
are subject to each Client’s individual privacy policy. Users should review the
privacy policy of each Client to understand how that Client uses User
information collected through the Services.

User Choices

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Branch recognizes a number of consumer choice mechanisms. Due to the nature of
the Services, some functionality may be degraded or no longer work as a result
if you exercise certain of the opt-outs below.

Branch’s Browser Cookie Opt-Out: Our cookie-based opt-out can be accessed by
clicking here. This will place a Branch opt-out cookie on your browser. Where
Branch detects the presence of that opt-out cookie, we will no longer read or
set cookies (beyond the opt-out cookie itself). Cookie-based opt outs must be
performed on each device and browser that you wish to have opted-out. For
example, if you have opted-out on your computer browser, that opt out will not
be effective on your mobile device.

NAI Browser-Based Opt-Out: Branch is a member of the Network Advertising
Initiative (“NAI”) and adheres to its Code of Conduct. NAI provides you with the
opportunity to opt out (on a browser-by-browser basis) from interest-based
advertising by participating NAI members, including Branch. That opt-out is
available here.

Device-Based Opt-Out: You can submit a request to opt out of the Branch Services
on a particular device by submitting a request here.

Device Identifiers: To use your device’s privacy settings controls, please visit
the privacy settings menu of your device to review and access the privacy
controls made available on the device. Branch will only be able to collect
information from the device as permitted by these settings.

Client App Opt-out Controls: Branch‘s SDK Privacy Controls allow Clients to
respect granular controls regarding User data. Clients can flag in the Branch
SDK that a particular User’s data should not be processed by Branch, in which
case Branch will no longer process engagement data on behalf of the Client for
that User.

Engagement Builder: Branch's Engagement Builder feature may be used to help
Clients conduct re-engagement and re-targeting campaigns. We require that
Clients using Branch’s Engagement Builder feature for such purposes respect User
opt-out preferences passed to them by Branch.



Collection and Use of Information from Our Website and for Marketing Purposes

What Information Does Branch Collect about Website Visitors and Potential
Customers?

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Branch collects information from Website visitors (“you” or “Website Users”)
located at www.branch.io (the “Website”), which includes the dashboard provided
to our Clients located at dashboard.branch.io. The types of information we may
collect and our privacy practices depend on the nature of the relationship you
have with us and the requirements of applicable law. Below are the legal bases
and some of the ways we collect information and how we use it. We process
information in a way that is relevant for the purpose for which it was collected
as described below.

What We Collect from Clients that Use the Website

Branch collects Personal Data and non-personal data via the Website. For
example, when Clients register to use our Services, we ask them to provide us
with Personal Data, including first and last name and email address.

Dashboard Information: Information we collect from visitors who register for an
account on our dashboard includes the following, some of which is considered
Personal Data under applicable law:



Type of Information Collected

Purpose

IP Address

Standard web HTTP request; may be used for limited security login controls

Cookie (ours)

Standard web cookie used for dashboard session management

Cookie (other-party)

Other-party web tracking tools used for business intelligence

First, Last Name

Used for team user identification

Work Email

Used as the primary login identifier

Password

Account registration, secure our Services and prevent fraud

Account Holder Primary Role

Account registration, tell Clients about products and services offered by Branch
and Branch’s selected partners

User Agent

Standard web browser user agent metadata; may be used for limited security login
controls

Referer

Standard web browser HTTP referer; may be used for general internal business
analytics

Request

Standard web HTTP request; may be used for general internal business analytics

Github ID

(optional) Can be used as a login method

Billing information

Payment account registration

Log Data

Provide the Services, tell Clients about products and services offered by Branch
and Branch’s selected partners, personalize our experience, secure our Services
and prevent fraud, and defend our legal rights and comply with the law

Account holder feedback

Help us improve your experience on the account dashboard





When a Client creates an account and uses the Services, Branch may collect
certain log data, such as IP address from which a Client is connecting to the
Services, information related to the device being used to connect to the
Services (e.g., browser type and version, device type, OS version) and the
features and functions of the Services used by the Client (“Log Data”).

We also require Clients to set up a user ID and unique password for account
security purposes. Clients must not disclose their passwords to anyone. Clients
also have the option of adding other team members to their account. This account
information enables us to set up an account for Clients, to provide the
Services, and to otherwise manage Client accounts. We may also use this
information to notify Clients about updates to our Services and provide them
with promotional emails. We offer a mechanism to opt out from promotional emails
as described in the “Opt-Out from Promotional Emails” section below.

Account and Billing Information: To the extent that we charge a fee for the
Services, we may also collect limited billing, payment, and contract information
from Clients through our payment and contract vendors.

Connection Information with Other Parties: Some features of the dashboard
Services allow you to disclose your information through your accounts to other
companies such as Facebook and Google. If you choose to connect Branch to such
services provided by other parties, we may collect information related to your
use of those services provided by other parties, such as authentication tokens
that allow us to connect to your accounts with those other parties. We will ask
you for permission before you authorize our collection of this information. We
may also collect information about how you are using the Services to interact
with those connected services.

Information from Other Sources: In addition to the information collected through
our Website, we or our vendors may obtain and disclose additional information,
such as job title or contact information, from other public and non-public
sources such as business websites, social networking platforms, or databases
maintained by other parties. We use this information to better enable Branch to
identify and contact businesses that might be interested in engaging our
Services, and to gain a better understanding of a potential Client’s business
needs.

Communications with Branch: Some Website Users may provide Personal Data to
Branch by sending us an email or filling out an online form on the Website. We
use this information to answer their question(s), and may store that information
for our record keeping, marketing, and advertising purposes.

Research/Survey Solicitations: From time to time, we may perform research
(online and offline) via surveys. We may engage vendors to conduct such surveys
on our behalf. All survey responses are voluntary, and the information collected
will be used for research and reporting purposes to help us better serve
individuals by learning more about their needs and the quality of the products
and services we provide. The survey responses may be utilized to determine the
effectiveness of our Website, various types of communications, advertising
campaigns and/or promotional activities.

Cookies, Pixels and Web Beacons: We also collect other data via the Website from
Website Users, including Website Users employed by or affiliated with Clients,
through cookies and/or web beacons. Such information, some of which may be
considered Personal Data under applicable law, may include IP address, pages
viewed, browser type, Internet browsing and usage habits, how you browse and
navigate the Website, Internet Service Provider, domain name, the time/date of
your visit to the Website, the referring URL, and your computer’s operating
system. For example, we may collect on a real-time basis information on how you
use and navigate the Website.

If you permit the use of cookies and web beacons when you visit and continue to
use the Website, we will collect information through those tools. Cookies are
small data files stored on your hard drive by a website and web beacons are
electronic images that may be used on our Website or in our emails. Cookies help
us improve your experience on the Website as well as our marketing activities.
We use cookies to see which areas and features are popular and to count visits
to our Website. For more information about cookies and web beacons, please visit
http://www.allaboutcookies.org/. For more information about how to opt-out of
cookies and web beacons after you have consented to their use, see the “Opt-out
from Website Cookies/Web Beacons” section below.

How Does Branch Use the Information Collected?

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Branch processes the data described in the section above for the following
purposes:

 * to provide, maintain, optimize, research and improve the Website;
 * to fulfill your and prospective Clients’ requests for the Services;
 * to send information about the Services including confirmations, invoices,
   payment processing, technical notices, updates, security alerts, and support
   and administrative messages;
 * to communicate about products and services offered by Branch and Branch's
   selected partners. We receive opt-in consent to send promotional and
   marketing messages to Website Users where required by applicable law. You can
   opt-out of receiving these messages at any time as described below in the
   section titled: “Opt-out from Promotional Emails”;
 * to conduct research;
 * to manage your information and account, to improve and administer our
   Website, to contact Website Users to answer questions or resolve problems, or
   to verify your identity;
 * to conduct research to help us to optimally deliver our existing Services or
   develop new products, processes and services;
 * for ad delivery and reporting purposes and to create data and analytics
   products and services;
 * to make the Website easier to use by reducing the need for Clients and
   Website Users to enter information;
 * for other purposes disclosed to you at the time you provide data to us;
 * with your consent; or
 * where Branch otherwise has a legitimate interest in collecting the data, such
   as direct marketing, individual or market research, product improvement,
   anti-fraud protection, protecting the safety of us, our Website Users, or
   other parties, or where required by law.

Opt-Out & Do Not Track - Your Choice Mechanisms

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In some cases, we rely on your consent to process Personal Data about you. In
those cases, and where you have consented to Branch's processing of your
Personal Data in connection with your use of the Website, you may withdraw that
consent at any time by following the instructions below. Additionally, before we
use Personal Data collected with your consent for any new purpose not originally
authorized by you, we will provide information regarding the new purpose and ask
for your consent for the new purpose. Where your consent for the processing of
Personal Data is otherwise required by law or contract, we will comply with the
law or contract. In other cases, we do not rely on your consent to process
Personal Data about you (for example, if we have a different legal basis to
process that data).

Opt Out from Promotional Emails

You can opt-out of receiving promotional emails from us by following the
instructions in those emails, or by filling out this form. You can also opt-out
of certain categories of emails using this form. If you opt-out using any of
these tools, we may still send you non-promotional emails, such as certain
updates about your account or updates to our Terms & Conditions and this Privacy
Policy and/or use of the Services.

Opt Out from Website Cookies/Web Beacons

We will only use cookies consistent with your cookie settings and permissions
granted on our Website. If you permit us to use cookies/web beacons as discussed
above (“What Information Does Branch Collect from our Website”), but would like
to opt-out:

 * For dashboard users, visit https://dashboard.branch.io/account-settings/user,
   and toggle off “Cookie Consent”.
 * For all other users, click on “Cookie Consent” at the bottom right-hand
   corner of our homepage (https://branch.io/), and click on the opt-out link.

Also, you can choose to set your browser to remove cookies and to reject
cookies. To exercise the "Do Not Track" settings available on certain web
browsers, please visit the privacy settings of your browser. Where Branch is
able to see that such a selection has been made, we will not use information
collected from that device to target advertising on that browser. Dashboard
users must use the “Cookie Consent” feature to revoke permission to place
cookies. Please note that "Do Not Track" is a different privacy mechanism than
the Global Privacy Control browser choice referenced below.

Note that, even if you opt out, we may still collect and use non-personal data
regarding your activities on our Website. This also does not opt you out of
being served advertising altogether; you will continue to receive generic
advertisements.

Vendor Tools/Analytics on the Website

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The Website utilizes tracking tools from vendors, which may enable these vendors
to analyze our Website traffic for analytics purposes. Some of these vendors may
collect information from this Website for retargeting and interest-based
advertising purposes. For more information about these forms of ad targeting and
to understand your right to opt-out from these practices, please visit
http://www.aboutads.info/choices/. All of these tools are hosted by the parties
who provide them, and your interactions with these features are governed by the
privacy policies of the parties providing them. These tools include, but are not
limited to, those below.

Google. We may use Google Analytics and Google Analytics Demographics and
Interest Reporting to collect information regarding visitor behavior and visitor
demographics on our Website, and to develop website content. For more
information about Google Analytics, please visit
www.google.com/policies/privacy/partners/. You can opt-out of Google’s
collection and processing of data generated by your use of the Website by going
to http://tools.google.com/dlpage/gaoptout.

Mixpanel. We use a service provided by Mixpanel, Inc. (“Mixpanel”) to provide us
with analytics data regarding Website Users’ interactions with our Website and
Services. You may opt-out of Mixpanel’s automatic retention of data that is
collected while using the Services by visiting https://mixpanel.com/optout/. To
track opt-outs, Mixpanel uses a persistent opt-out cookie placed on your device.
Please note that if you get a new computer, install a new browser, erase or
otherwise alter the browser’s cookie file (including upgrading certain
browsers), you may delete the Mixpanel opt-out cookie.

Facebook. We may use certain tools offered by Facebook, Inc. (“Facebook”) that
enable it to collect or receive information about actions Website Users take on
our Website through use of cookies, web beacons and other storage technologies
or in order to provide measurement services, targeted ads and other services.
For more information regarding the collection and use of such information by
Facebook, please see the Facebook Data Policy, available at:
https://www.facebook.com/policy.php.

Drift. We use certain tools offered by Drift to power our Website’s live-chat
experience. If you provide information about yourself through that live-chat
experience, then we may store that information for marketing purposes. Drift may
also infer information about the company that you work for you based on your IP
address.



Policies Applicable to Both Our Services & Our Website

When does Branch Disclose Information?

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In addition to the ways described in our Terms & Conditions and this Privacy
Policy, Branch may also disclose information to others under the following
circumstances:

 * With vendors, consultants and other parties who work for us and need access
   to information we collect to do that work.
 * With our Clients and their agents, as described in this Policy.
 * To other parties (such as advertising networks or vendors used by our
   Clients), as directed by our Clients.
 * To comply with laws or to respond to lawful requests and legal process
   including to meet national security or law enforcement requirements, and in
   order to investigate, prevent, or take action regarding suspected, or actual,
   prohibited activities, including but not limited to fraud and situations
   involving potential threats to the physical safety of any person.
 * To protect the rights and property of Branch, our agents, Clients, Users,
   Website Users, and others including to enforce our agreements, policies, and
   Terms & Conditions.
 * To Branch’s subsidiaries and affiliates as necessary to help us provide,
   support, and maintain the Services.
 * In connection with or during negotiation of any merger, sale of company
   assets, financing, or acquisition of all or a portion of our business to
   another company.

Updating Your Information and Contact Preferences

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We provide Clients with a mechanism to access, review and update information via
the dashboard. If you wish to review or update your information, please visit
branch.io and login using the username and password you created. Next, please
select “Account Settings” which can be found in the lower left corner of the
dashboard screen, then select the “User” tab near the top. If you would like to
delete your account, please email support@branch.io.

We Secure the Information We Collect

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Securing the information provided by our Clients and collected through our
Website is important to us. Branch has implemented industry-standard technical,
administrative, and physical safeguards to help protect the information on our
servers against unauthorized access, alteration, disclosure or destruction. You
are responsible for maintaining the secrecy of your own passwords. If you have
reason to believe that your passwords or Personal Data are no longer secure,
please promptly notify us at privacy@branch.io.

Our Data Retention Policy

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For our Services: Branch stores the information collected by our Services (see
the “What Information Does Branch Collect from our Services?” section above) so
long as our systems continue to encounter that User. After that User has been
inactive for 30 days (or 90 days for specific attribution products), identifiers
collected from that User will be deleted unless otherwise required by applicable
law or otherwise agreed between Branch and the Client.

Usage activity logs, which are used for the purpose of reporting and analytics,
are stored in an identifiable form for no more than 7 days (or up to 60 days as
determined by the Client or for specific fields), after which these logs are
removed or pseudonymized. Any and all pseudonymized logs are deleted after 12
months, unless otherwise required by applicable law or otherwise agreed between
Branch and the Client.

Aggregated reporting metrics disclosed to Clients are retained (in aggregate and
anonymized form) for up to 24 months, unless otherwise required by applicable
law or otherwise agreed between Branch and the Client.

Branch may retain information collected by our Services beyond these periods for
fraud prevention, analysis, or response, or to protect the safety of Branch, its
Clients, Users or the public.

For the Website: We store Personal Data such as email address or billing details
for so long as you continue to have a business relationship with Branch and for
a reasonable time thereafter for record-keeping purposes. If applicable to you,
you may ask us to delete that information as described in the “Data Subject
Rights” section below or pursuant to your right of erasure as described in the
“Data Subject Rights” section below.

Links to Other Websites

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The Website and/or Services may contain links to other websites and other
websites may reference or link to our Website and/or Services. These other
domains and websites are not controlled by Branch, and we do not endorse or make
any representations about websites or social media platforms operated by other
parties. We encourage you to read the privacy policies of each and every website
and application that you interact with. We do not endorse, screen, or approve,
and are not responsible for the privacy practices or content of such other
websites or applications. Visiting these other websites or applications is at
your own risk.

International Data Transfers

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All information collected via the Website and Services is stored on servers
located in the United States. In the process of providing the Services, we may
transfer information across borders from other countries or jurisdictions into
the United States. Data protection laws in the United States may differ from
your country, and the data Branch processes may be accessible to law enforcement
and national security authorities under certain circumstances. By using the
Services, each Client and Website User consents to the transfer and processing
of information to the U.S. in accordance with this Privacy Policy. Data
transfers from the European Union, United Kingdom, and Switzerland are
transferred on the basis of legal mechanisms approved by the European Commission
and other relevant authorities for cross-border data transfers, such as Standard
Contractual Clauses or the Privacy Shield mechanism discussed in the “Privacy
Shield For EU, UK, and Swiss Personal Data Transferred into the United States”
section below.

Privacy Shield For EU, UK, and Swiss Personal Data Transferred into the United
States

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Branch complies with the E.U.-U.S. Privacy Shield Framework and the Swiss-US
Privacy Shield Framework as set forth by the U.S. Department of Commerce
regarding the collection, use, and retention of Personal Data from European
Union member countries (including European Economic Area member countries), the
United Kingdom, and Switzerland transferred to the United States pursuant to
Privacy Shield. Branch recognizes that the Court of Justice of the European
Union ruled in July 2020 that a certification under the EU-U.S. Privacy Shield
Framework no longer can serve as the basis by which entities subject to the GDPR
export personal data to jurisdictions outside the European Economic Area, and
that the Swiss Data Protection Authority similarly held the Swiss-US Privacy
Shield inadequate. Branch will continue to honor its obligation to comply with
the Privacy Shield Principles with respect to data that was transferred pursuant
to the EU-U.S. and Swiss-U.S. Privacy Shield Framework. If there is any conflict
between the policies in this Privacy Policy and data subject rights under the
Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn
more about the Privacy Shield program, and to view our certification page,
please visit https://www.privacyshield.gov.

Branch no longer relies on the EU-U.S. Privacy Shield to transfer data that
originated in the EEA or the United Kingdom to the U.S.

Branch is subject to the investigatory and enforcement authority of the US
Federal Trade Commission.

Pursuant to the Privacy Shield Frameworks we are obliged to inform EU, UK, and
Swiss individuals whose data is being transferred into the United States that we
may be required to release Personal Data in response to lawful requests by
public authorities including to meet national security and law enforcement
requirements.

Branch remains liable for the onward transfer of EU, UK, and Swiss personal data
to other parties pursuant to the Privacy Shield unless we can prove we were not
a party to the actions giving rise to the damages.

We acknowledge the right of EU, UK, and Swiss individuals to access their
Personal Data pursuant to the Privacy Shield. EU, UK, and Swiss individuals
wishing to exercise this right may do so by contacting privacy@branch.io.

In compliance with the Privacy Shield Principles, Branch commits to resolve
complaints about your privacy and our collection or use of your personal
information transferred to the United States pursuant to Privacy Shield.
European Union, UK, and Swiss individuals with Privacy Shield inquiries or
complaints should first contact Branch at:

Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at privacy@branch.io

Branch has further committed to refer unresolved privacy complaints under the
Privacy Shield Principles to an independent dispute resolution mechanism, the
BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive
timely acknowledgment of your complaint, or if your complaint is not
satisfactorily addressed, please visit
http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and
to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels,
under certain conditions, you may invoke binding arbitration for some residual
claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at
https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

Data Subject Rights

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California Consumer Privacy Act

The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
natural persons who are residents of California. Our CCPA privacy notice is
available here.

Rights of Residents of the European Economic Area and United Kingdom

The European General Data Protection Regulation of 2018 (“GDPR”) and equivalent
requirements in the United Kingdom including the Data Protection Act 2018 and
the United Kingdom General Data Protection Regulation (“UK Data Protection Law”)
provides certain rights to residents of Europe. Information on how you can
exercise rights under the GDPR and UK Data Protection Law are set forth here.

Lei Geral de Proteção de Dados

Lei Geral de Proteção de Dados (“LGPD”) provides certain rights to residents of
Brazil. Information on how you can exercise rights under the LGPD are set forth
here.

Our Policy Regarding Children

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Services: The Branch Services are not directed to children. We require that
Clients agree to not send to us data relating to any children under 13 (or, in
certain jurisdictions, under 16). If you are a Client and want to learn more
about Branch SDK Privacy Controls that you can use in your compliance with the
U.S. Children’s Online Privacy Protection Act (COPPA), GDPR, or any other
applicable law, please contact privacy@branch.io.

If you believe that we might have any information from or about a child under 13
(and in certain jurisdictions under 16) in violation of applicable law, please
contact us at privacy@branch.io, so that Branch can promptly investigate and
delete any information that it may have been provided inappropriately as
required by law.

Website: The Branch Website is not directed to children. We do not knowingly
collect through the Website Personal Data from anyone under the age of 16. If
you are under 16, please do not attempt to register or send any information
about yourself to us, including your name, address, telephone number, or email
address. No one under 16 may provide any Personal Data to us. In the event that
we learn that we have collected any such data from a child under 16 through our
Website, we will take reasonable steps to delete that information as quickly as
possible. If you believe that we might have any information from or about a
child under 16, please contact us at privacy@branch.io, so that Branch can
promptly investigate and delete any inappropriately obtained information as
required by law.

Contact Us, Questions, Changes to This Privacy Policy

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We may change this Privacy Policy at any time in our sole discretion. We will
post all changes to this Privacy Policy on this page and will indicate at the
top of the page the modified Privacy Policy’s effective date. If you have any
questions or suggestions regarding this Privacy Policy, please contact us at:

Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at info@branch.io

Compliance

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This Privacy Policy shall be implemented by Branch and all its operating
divisions, subsidiaries and affiliates. Branch has put in place mechanisms to
verify ongoing compliance with this Privacy Policy.

EFFECTIVE OCTOBER 11, 2022  TO  DECEMBER 29, 2022

Download

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TABLE OF CONTENTS

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Privacy Policy
Last updated February 3, 2022


THE BRANCH GUIDING PRIVACY PRINCIPLES

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We are a linking and analytics platform for app and website developers. And we
are proud of our commitment to providing our services in a privacy-first way. So
we thought it would be helpful to lay out, in plain English, the Branch Guiding
Privacy Principles that drive how we’ve chosen to design our services with
privacy as a top priority. You’ll find our official Privacy Policy below this
section, but we hope you’ll find this summary of our principles helpful.
 * We limit the data we collect. We practice data minimization, which means that
   we take steps to avoid collecting or storing information that we don’t need
   to provide our services. The personal data that we collect is limited to data
   like advertising identifiers, IP address, and information derived from
   resettable cookies (the full list is below in our privacy policy). We do not
   collect or store information such as names, email addresses, physical
   addresses, or SSNs. Nor do we want to. In fact, our Terms & Conditions
   prohibit our customers from sharing with Branch any kind of sensitive
   end-user information.
 * We will only provide you with data about actual end-user activity on your
   apps or websites. Our customers can only access “earned” cookies or
   identifiers. This means that an end user must visit a customer’s site before
   our customer can see the cookie; and an end user must download a customer’s
   app in order for Branch to collect the end user’s advertising identifier for
   that customer. In short, the Branch services benefit customers who already
   have seen an end user across their platforms and want to understand the
   relationship between those web visits and app sessions.
 * We do not rent or sell personal data. No Branch customer can access another
   Branch customer’s end-user data. And we are not in the business of renting or
   selling any customer’s end-user data to anyone else. To enable customers to
   control their end-user personal data, they can request deletion here of that
   data at any time, whether in bulk or for a specific end user. These controls
   are available to customers worldwide, although we designed them to comply
   with GDPR requirements as well.

Beyond these principles stated above, Branch will continue to find ways to
design our services to respect end user privacy. We’re committed to making sure
our customers understand how we use data they entrust to us and how they can
control it so that they can, in turn, be transparent with their end users.


INTRODUCTION

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Branch Metrics, Inc. ("Branch", "us", "our" or "we") offers a linking and
analytics platform enabling developers of applications (our "Clients")--whether
those applications are websites or "apps," and across different types of
devices--to improve their end users’ ("Users") cross-application experiences,
and to derive additional insights into how their Users download and utilize
those applications. Branch recognizes and believes that data privacy is
important to all Internet users, and therefore we design and operate our
services in a privacy-first manner.
This Privacy Policy is divided into three parts:
 * Collection and Use of Information from Our Services: This section explains
   how Branch collects and uses information about Users in connection with our
   products and services (the "Branch Services" or the "Services").
 * Collection and Use of Information from Our Website and for Marketing
   Purposes: This section explains how we collect and use information about our
   website visitors through our website located at branch.io (the “Website”),
   which includes the dashboard we provide to our Clients located at
   dashboard.branch.io. So, if you are a Client using our Branch dashboard, this
   section applies to the data we collect from you. It also explains how we
   collect information about potential Clients from service providers and other
   sources to enhance our marketing efforts.
 * Policies Applicable to Both Our Services & Our Website: This section lays out
   the parts of the Branch Privacy Policy that apply to both the Services and to
   the Website.


COLLECTION AND USE OF INFORMATION FROM OUR SERVICES


WHAT INFORMATION DOES BRANCH COLLECT FROM OUR SERVICES?

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Below, we explain what information we collect on behalf of our Clients through
the Services, and how we use it. We process information in a way that is
relevant for the purpose for which it was collected as described below.

THE BRANCH SERVICES: OVERVIEW

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Branch provides a variety of Services intended to help Clients understand the
use of their digital properties by their Users across a wide array of platforms,
devices and applications. Branch helps Clients by connecting User interactions
across siloed applications (email, SMS, web browsers, social platforms, native
applications and others), so that Clients understand the multiple steps that a
User took to ultimately complete a transaction with the Client. The Client can
use this information to better inform marketing and product decisions as well as
to provide improved user experiences by using their knowledge of continuity.
Branch has no direct relationship with Users. Branch’s Services are provided
when Branch Clients install on their platforms “Branch Mechanisms” (including
links, pixels, direct platform integrations, etc.) that capture User action on
behalf of the Client. Using the information collected from these Branch
Mechanisms, Branch uses a variety of attribution techniques to connect User
actions across different channels and platforms. Some of these attribution
techniques include a direct pass-through of identifiers from platform to
platform, creating and storing identifiers unique to the Branch platform to
connect User actions and identifiers together, and predictive modeling
algorithms using real-time and historical data parameters observed from User
interactions where there are no shared identifiers available, as well as using
historical connections Branch has derived over time using our technology. In
some cases, these connections are made without the use of cookies. These
techniques help Clients match Users with devices they use, including matching
the same User across multiple devices.
The key use cases of Branch’s Services are:
 * To support Clients in implementing deep linking, which uses Branch’s
   connection information in real time to improve the User experience.
   * For example, if a User clicks on a link in an email or ad to a specific
     page in a Client’s app, Branch helps the User get to that page after they
     download the app.
 * To report individualized and aggregated analytics metrics about the
   performance of the Client’s product and marketing initiatives to the Client
   directly.
   * For example, Branch can tell a Client how many Users that downloaded an app
     or that went to a specific page in an app came from clicking on a specific
     link, and provide corresponding advertising or other identifiers.
 * To assist the Client by presenting real time, targeted messaging to their
   Users depending on past behavior observed across the tracked platforms with
   the purpose of driving more engagement to the Client.
   * For example, Branch can use Branch Mechanisms to provide a tailored message
     like a coupon code or special offer in your website to users who have
     interacted with your app and/or website in the past.

Branch requires that each Client commit to share with Branch only information
that it has lawfully obtained (including, where necessary, by obtaining consent
from Users), and that it has the right to share with Branch. We strongly
discourage Clients from sharing sensitive User information with us, as such
information is not necessary for the provision of the Services, and we prohibit
them from providing us with data relating to children under 13 (or, in certain
jurisdictions, under 16).
In the charts below, we summarize the information collected automatically by the
Services.

INFORMATION COLLECTED BY BRANCH LINKS AND PIXELS

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Branch collects the following information from URLs created by the Client (i.e.,
Branch Links) and pixels placed on Client websites. Branch Links may be embedded
into QR Codes as configured by the Client. Some of this information is
considered personal data under applicable law (in other words, information that
itself may identify a unique individual or can be linked back to an individual)
(“Personal Data”).
Type of Information Collected
Purpose
IP Address
Standard web HTTP request; used for attribution and to understand general
location
Cookie
Standard web cookies, used for device identification and attribution
Link Data
Metadata controlled by the Client, which may be used to interpret the data for
reporting, or for analytics
User Agent
Standard web browser user agent metadata; used for device identification and
attribution
Referer
Standard web browser HTTP referer; may be used for reporting and analytics
Request
Standard web HTTP request
Phone Number
(Optional) used only to facilitate the “Text me the app” feature if used
Engagement Data
Information relating to the Client’s ad campaigns and User interactions, such as
clicks on Client ads, Client ad impressions viewed, audiences or segments to
which an ad campaign is attributed, type of ads and the webpage from which such
ads were displayed, and webpages on Client’s website visited by a User.
Other interactions, events and actions Clients choose to measure and analyze
within their website (e.g., add to cart, purchases made, clicks, engagement time
etc.).

SDKS ARE SOFTWARE DEVELOPMENT KITS THAT INCLUDE CODE THAT ALLOWS CLIENTS TO USE
THE BRANCH SERVICES. THE BRANCH MOBILE APP SDKS, WEB SDKS, AND OVER-THE-TOP
(OTT) SDKS COLLECT THE FOLLOWING INFORMATION WHEN CLIENTS USE THESE SDKS IN
THEIR APPLICATIONS OR WEBSITES, SOME OF WHICH MAY BE CONSIDERED PERSONAL DATA
UNDER APPLICABLE LAW:

INFORMATION COLLECTED BY BRANCH SDKS

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Type of Information Collected
Purpose
Advertising identifier (e.g., GAID, Android ID, IDFA, IDFV, RIDA)
Used for device identification and attribution
Branch Cookie ID
Used for device identification and attribution
IP Address
Standard web HTTP request; used for device identification, attribution, and to
understand general location
Referer
Standard web browser HTTP referer; may be used for reporting and analytics
Central Processing Unit (CPU) Type
Metadata feature used for device identification and attribution
System build version
Metadata feature used for device identification and attribution
Internet connection type
Metadata feature used for device identification and attribution
Application version
Metadata feature used for device identification and attribution
Device model
Metadata feature used for device identification and attribution
Manufacturer
Metadata feature used for device identification and attribution
Operating system
Metadata feature used for device identification and attribution
Operating system version
Metadata feature used for device identification and attribution
Screen size (height, width)
Metadata feature used for device identification and attribution
Screen resolution
Metadata feature used for device identification and attribution
Mobile network status (Wi-Fi, etc.)
Metadata feature used for device identification and attribution
Device locale (country and language)
Metadata feature used for device identification and attribution
Local IP address
Metadata feature used for device identification and attribution
Mobile platform
Metadata feature used for device identification and attribution
Branch SDK version
Metadata feature used for device identification and attribution
Developer ID
(optional) Client-supplied unique identifier; metadata feature Used for device
identification and attribution
Carrier ID
Metadata feature used for device identification and attribution
Engagement Data
Information relating to the Client’s ad campaigns and User interactions, such as
clicks on Client ads, Client ad impressions viewed, audiences or segments to
which an ad campaign is attributed, type of ads and the application page from
which such ads were displayed, pages on Client’s application visited by a User,
downloads, opt-in status for certain tracking mechanisms, and installations of
applications.
Other interactions, events and actions Clients choose to measure and analyze
within their application (e.g., add to cart, purchases made, clicks, engagement
time etc.).

In addition to the information identified above, the Branch Desktop SDKs collect
the following identifiers when Clients use these SDKs in their desktop
applications, some of which may be considered Personal Data under applicable
law:
Type of Information Collected
Purpose
MAC address
Used for device identification and attribution
Windows Advertising ID
Used for device identification and attribution
CPU ID
Used for device identification and attribution

INFORMATION COLLECTED BY THIRD PARTIES

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As part of Branch’s Services, Branch’s Clients may direct certain of their
vendors or business partners (such as an ad network or vendor) to provide
certain Engagement Data to Branch on the Client’s behalf.


HOW DOES BRANCH USE INFORMATION COLLECTED BY OUR SERVICES?

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Data Branch collects through the Services is processed:
 * to better understand how and from where Users come to download certain apps,
   what types of apps are popular, or to infer that certain browsers and devices
   are operated by the same User based upon connections Branch has derived
   across non-affiliated apps and websites.
 * to provide, maintain, optimize, research and improve the Branch Services we
   provide our Clients, including to support other Branch products and services,
   develop new products and services, and market products or services; to
   support the products and services of our Clients; and as permitted or
   required by applicable law.
 * to fulfill Clients’ and prospective Clients’ requests for the Services
   including processing data at the Client’s direction and transferring User
   data to them. Branch does not control how Clients use information Branch
   shares with Clients and Users should read Clients’ Privacy Policies to
   understand how they use information they receive from Branch.
 * to aggregate data across various sources, including data from various Clients
   or third parties.
 * to create reports based on aggregated information, which is information that
   cannot reasonably be linked back to any individual person or Client and share
   these reports with the public.
 * for anti-fraud protection and analysis relating to the Services to ensure
   more accurate attribution measurement, general fraud prevention, or where
   otherwise required by law.

We may aggregate and/or de-identify the data we collect through the Services.
After data has been aggregated and/or de-identified, Branch cannot use it to
personally identify an individual. We may use de-identified and/or aggregated
data for any purpose, including without limitation for research and marketing
purposes, and may also share such data with any third parties, including
business partners, Clients, and/or others.


OUR CLIENTS’ USE OF INFORMATION

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Our Clients may use the information collected via the Services to improve their
Users’ app experiences, customize their apps to Users, and to better understand
their app marketing programs and how Users discover their apps. For example, a
User may want to share information about a hotel that she found in a travel app
with a friend. When that User sends her friend a Branch link to that hotel,
after clicking the link the friend is brought directly to the content relating
to that hotel within the app, rather than landing on the app’s homepage and
having to search for the hotel. The travel app would also gain insights and
analytics as to how the content is being shared from its app.
We require that our Clients utilize our Services responsibly and in accordance
with our Terms & Conditions. Branch is not responsible for the data practices of
any of our Clients through the Services or otherwise. Each Client’s practices
are subject to each Client’s individual privacy policy. Users should review the
privacy policy of each Client to understand how that Client uses User
information collected through the Services.


USER CHOICES

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Branch recognizes a number of consumer choice mechanisms. Due to the nature of
the Services, some functionality may be degraded or no longer work as a result
if you exercise certain of the opt-outs below.
Branch’s Browser Cookie Opt-Out: Our cookie-based opt-out can be accessed by
clicking here. This will place a Branch opt-out cookie on your browser. Where
Branch detects the presence of that opt-out cookie, we will no longer read or
set cookies (beyond the opt-out cookie itself). Cookie-based opt outs must be
performed on each device and browser that you wish to have opted-out. For
example, if you have opted-out on your computer browser, that opt out will not
be effective on your mobile device.
NAI Browser-Based Opt-Out: Branch is a member of the Network Advertising
Initiative (“NAI”) and adheres to its Code of Conduct. NAI provides you with the
opportunity to opt out (on a browser-by-browser basis) from interest-based
advertising by participating NAI members, including Branch. That opt-out is
available here.
Device-Based Opt-Out: You can submit a request to opt out of the Branch Services
on a particular device by submitting a request here.
Device Identifiers: To use your device’s privacy settings controls, please visit
the privacy settings menu of your device to review and access the privacy
controls made available on the device. Branch will only be able to collect
information from the device as permitted by these settings.
Client App Opt-out Controls: Branch‘s SDK Privacy Controls allow Clients to
respect granular controls regarding User data. Clients can flag in the Branch
SDK that a particular User’s data should not be processed by Branch, in which
case Branch will no longer process engagement data on behalf of the Client for
that User.
Engagement Builder: Branch's Engagement Builder feature may be used to help
Clients conduct re-engagement and re-targeting campaigns. We require that
Clients using Branch’s Engagement Builder feature for such purposes respect User
opt-out preferences passed to them by Branch.


COLLECTION AND USE OF INFORMATION FROM OUR WEBSITE AND FOR MARKETING PURPOSES


WHAT INFORMATION DOES BRANCH COLLECT ABOUT WEBSITE VISITORS AND POTENTIAL
CUSTOMERS?


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BRANCH COLLECTS INFORMATION FROM WEBSITE VISITORS (“YOU” OR “WEBSITE USERS”)
LOCATED AT WWW.BRANCH.IO (THE “WEBSITE”), WHICH INCLUDES THE DASHBOARD PROVIDED
TO OUR CLIENTS LOCATED AT DASHBOARD.BRANCH.IO. THE TYPES OF INFORMATION WE MAY
COLLECT AND OUR PRIVACY PRACTICES DEPEND ON THE NATURE OF THE RELATIONSHIP YOU
HAVE WITH US AND THE REQUIREMENTS OF APPLICABLE LAW. BELOW ARE THE LEGAL BASES
AND SOME OF THE WAYS WE COLLECT INFORMATION AND HOW WE USE IT. WE PROCESS
INFORMATION IN A WAY THAT IS RELEVANT FOR THE PURPOSE FOR WHICH IT WAS COLLECTED
AS DESCRIBED BELOW.

WHAT WE COLLECT FROM CLIENTS THAT USE THE WEBSITE

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Branch collects Personal Data and non-personal data via the Website. For
example, when Clients register to use our Services, we ask them to provide us
with Personal Data, including first and last name and email address.
Dashboard Information: Information we collect from visitors who register for an
account on our dashboard includes the following, some of which is considered
Personal Data under applicable law:
Type of Information Collected
Purpose
IP Address
Standard web HTTP request; may be used for limited security login controls
Cookie (ours)
Standard web cookie used for dashboard session management
Cookie (third-party)
Third-party web tracking tools used for business intelligence
First, Last Name
Used for team user identification
Work Email
Used as the primary login identifier
Password
Account registration, secure our Services and prevent fraud
Account Holder Primary Role
Account registration, tell Clients about products and services offered by Branch
and Branch’s selected partners
User Agent
Standard web browser user agent metadata; may be used for limited security login
controls
Referer
Standard web browser HTTP referer; may be used for general internal business
analytics
Request
Standard web HTTP request; may be used for general internal business analytics
Github ID
(optional) Can be used as a login method
Billing information
Payment account registration
Log Data
Provide the Services, tell Clients about products and services offered by Branch
and Branch’s selected partners, personalize our experience, secure our Services
and prevent fraud, and defend our legal rights and comply with the law
Account holder feedback
Help us improve your experience on the account dashboard



We also require Clients to set up a user ID and unique password for account
security purposes. Clients must not share their passwords with anyone. Clients
also have the option of adding other team members to their account. This account
information enables us to set up an account for Clients, to provide the
Services, and to otherwise manage Client accounts. We may also use this
information to notify Clients about updates to our Services and provide them
with promotional emails. We offer a mechanism to opt out from promotional emails
as described in the “Opt-Out from Promotional Emails” section below.When a
Client creates an account and uses the Services, Branch may collect certain log
data, such as IP address from which a Client is connecting to the Services,
information related to the device being used to connect to the Services (e.g.,
browser type and version, device type, OS version) and the features and
functions of the Services used by the Client (“Log Data”).
Account and Billing Information: To the extent that we charge a fee for the
Services, we may also collect limited billing, payment, and contract information
from Clients through our third-party payment and contract processors.
Third-Party Connection Information: Some features of the dashboard Services
allow you to share your information through your accounts with other companies
such as Facebook and Google. If you choose to connect Branch to such third-party
services, we may collect information related to your use of those third-party
services, such as authentication tokens that allow us to connect to your
third-party service accounts. We will ask you for permission before you
authorize our collection of this information. We may also collect information
about how you are using the Services to interact with those connected
third-party services.
Information from Other Sources: In addition to the information collected through
our Website, we or our third-party service providers may obtain additional
information, such as job title or contact information, from other public and
non-public sources such as business websites, social networking platforms, or
third-party databases. We use this information to better enable Branch to
identify and contact businesses that might be interested in engaging our
Services, and to gain a better understanding of a potential Client’s business
needs.
Communications with Branch: Some Website Users may provide Personal Data to
Branch by sending us an email or filling out an online form on the Website. We
use this information to answer their question(s), and may store that information
for our record keeping, marketing, and advertising purposes.
Research/Survey Solicitations: From time to time, we may perform research
(online and offline) via surveys. We may engage third-party service providers to
conduct such surveys on our behalf. All survey responses are voluntary, and the
information collected will be used for research and reporting purposes to help
us better serve individuals by learning more about their needs and the quality
of the products and services we provide. The survey responses may be utilized to
determine the effectiveness of our Website, various types of communications,
advertising campaigns and/or promotional activities.
Cookies, Pixels and Web Beacons: We also collect other data via the Website from
Website Users, including Website Users employed by or affiliated with Clients,
through cookies and/or web beacons. Such information, some of which may be
considered Personal Data under applicable law, may include IP address, pages
viewed, browser type, Internet browsing and usage habits, how you browse and
navigate the Website, Internet Service Provider, domain name, the time/date of
your visit to the Website, the referring URL, and your computer’s operating
system. For example, we may collect on a real-time basis information on how you
use and navigate the Website. This may include mouse movements and how you
scroll through the Website, but we do not collect keystroke data.
If you permit the use of cookies and web beacons when you visit and continue to
use the Website, we will collect information through those tools. Cookies are
small data files stored on your hard drive by a website and web beacons are
electronic images that may be used on our Website or in our emails. Cookies help
us improve your experience on the Website as well as our marketing activities.
We use cookies to see which areas and features are popular and to count visits
to our Website. For more information about cookies and web beacons, please visit
http://www.allaboutcookies.org/. For more information about how to opt-out of
cookies and web beacons after you have consented to their use, see the “Opt-out
from Website Cookies/Web Beacons” section below.


HOW DOES BRANCH USE THE INFORMATION COLLECTED?

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Branch processes the data described in the section above for the following
purposes:
 * to provide, maintain, optimize, research and improve the Website;
 * to fulfill your and prospective Clients’ requests for the Services;
 * to send information about the Services including confirmations, invoices,
   payment processing, technical notices, updates, security alerts, and support
   and administrative messages;
 * to communicate about products and services offered by Branch and Branch's
   selected partners. We receive opt-in consent to send promotional and
   marketing messages to Website Users where required by applicable law. You can
   opt-out of receiving these messages at any time as described below in the
   section titled: “Opt-out from Promotional Emails”;
 * to conduct research;
 * to manage your information and account, to improve and administer our
   Website, to contact Website Users to answer questions or resolve problems, or
   to verify your identity;
 * to conduct research to help us to optimally deliver our existing Services or
   develop new products, processes and services;
 * for ad delivery and reporting purposes and to create data and analytics
   products and services;
 * to make the Website easier to use by reducing the need for Clients and
   Website Users to enter information;
 * for other purposes disclosed to you at the time you provide data to us;
 * with your consent; or
 * where Branch otherwise has a legitimate interest in collecting the data, such
   as direct marketing, individual or market research, product improvement,
   anti-fraud protection, protecting the safety of us, our Website Users, or
   third parties, or where required by law.


OPT-OUT & DO NOT TRACK - YOUR CHOICE MECHANISMS

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In some cases, we rely on your consent to process Personal Data about you. In
those cases, and where you have consented to Branch's processing of your
Personal Data in connection with your use of the Website, you may withdraw that
consent at any time by following the instructions below. Additionally, before we
use Personal Data collected with your consent for any new purpose not originally
authorized by you, we will provide information regarding the new purpose and ask
for your consent for the new purpose. Where your consent for the processing of
Personal Data is otherwise required by law or contract, we will comply with the
law or contract. In other cases, we do not rely on your consent to process
Personal Data about you (for example, if we have a different legal basis to
process that data).

OPT OUT FROM PROMOTIONAL EMAILS

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You can opt-out of receiving promotional emails from us by following the
instructions in those emails, or by filling out this form. You can also opt-out
of certain categories of emails using this form. If you opt-out using any of
these tools, we may still send you non-promotional emails, such as certain
updates about your account or updates to our Terms & Conditions and this Privacy
Policy and/or use of the Services.

OPT OUT FROM WEBSITE COOKIES/WEB BEACONS

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We will only use cookies consistent with your cookie settings and permissions
granted on our Website. If you permit us to use cookies/web beacons as discussed
above (“What Information Does Branch Collect from our Website”), but would like
to opt-out:
 * For dashboard users, visit https://dashboard.branch.io/account-settings/user,
   and toggle off “Cookie Consent”.
 * For all other users, click on “Cookie Consent” at the bottom right-hand
   corner of our homepage (https://branch.io/), and click on the opt-out link.

Also, you can choose to set your browser to remove cookies and to reject
cookies. To exercise the Do Not Track settings available on certain web
browsers, please visit the privacy settings of your browser. Where Branch is
able to see that such a selection has been made, we will not use information
collected from that device to target advertising on that browser. Dashboard
users must use the “Cookie Consent” feature to revoke permission to place
cookies.
Note that, even if you opt out, we may still collect and use non-personal data
regarding your activities on our Website. This also does not opt you out of
being served advertising altogether; you will continue to receive generic
advertisements.


THIRD-PARTY TOOLS/ANALYTICS ON THE WEBSITE

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The Website utilizes third-party tracking tools from third-party service
providers, which may enable these third parties to analyze our Website traffic
for analytics purposes. Some of these third-party service providers may collect
information from this Website for retargeting and interest-based advertising
purposes. For more information about these forms of ad targeting and to
understand your right to opt-out from these practices, please visit
http://www.aboutads.info/choices/. All of these tools are hosted by the third
parties who provide them, and your interactions with these features are governed
by the privacy policies of the third parties providing them. These tools
include, but are not limited to, those below.
Google. We may use Google Analytics and Google Analytics Demographics and
Interest Reporting to collect information regarding visitor behavior and visitor
demographics on our Website, and to develop website content. For more
information about Google Analytics, please visit
www.google.com/policies/privacy/partners/. You can opt-out of Google’s
collection and processing of data generated by your use of the Website by going
to http://tools.google.com/dlpage/gaoptout.
Mixpanel. We use a service provided by Mixpanel, Inc. (“Mixpanel”) to provide us
with analytics data regarding Website Users’ interactions with our Website and
Services. You may opt-out of Mixpanel’s automatic retention of data that is
collected while using the Services by visiting https://mixpanel.com/optout/. To
track opt-outs, Mixpanel uses a persistent opt-out cookie placed on your device.
Please note that if you get a new computer, install a new browser, erase or
otherwise alter the browser’s cookie file (including upgrading certain
browsers), you may delete the Mixpanel opt-out cookie.
Facebook. We may use certain tools offered by Facebook, Inc. (“Facebook”) that
enable it to collect or receive information about actions Website Users take on
our Website through use of cookies, web beacons and other storage technologies
or in order to provide measurement services, targeted ads and other services.
For more information regarding the collection and use of such information by
Facebook, please see the Facebook Data Policy, available at:
https://www.facebook.com/policy.php.
Drift . We use certain tools offered by Drift to power our Website’s live-chat
experience. If you provide information about yourself through that live-chat
experience, then we may store that information for marketing purposes. Drift may
also infer information about the company that you work for you based on your IP
address.


POLICIES APPLICABLE TO BOTH OUR SERVICES & OUR WEBSITE


HOW DOES BRANCH SHARE INFORMATION?

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In addition to the ways described in our Terms & Conditions and this Privacy
Policy, Branch may also share information with others under the following
circumstances:
 * With third-party vendors, consultants and other service providers who work
   for us and need access to information we collect to do that work.
 * With our Clients and their agents, as described in this Policy.
 * To third parties (such as advertising networks or vendors used by our
   Clients), as directed by our Clients.
 * To comply with laws or to respond to lawful requests and legal process
   including to meet national security or law enforcement requirements, and in
   order to investigate, prevent, or take action regarding suspected, or actual,
   prohibited activities, including but not limited to fraud and situations
   involving potential threats to the physical safety of any person.
 * To protect the rights and property of Branch, our agents, Clients, Users,
   Website Users, and others including to enforce our agreements, policies, and
   Terms & Conditions.
 * To Branch’s subsidiaries and affiliates as necessary to help us provide,
   support, and maintain the Services.
 * In connection with or during negotiation of any merger, sale of company
   assets, financing, or acquisition of all or a portion of our business to
   another company.


UPDATING YOUR INFORMATION AND CONTACT PREFERENCES; CALIFORNIA SHINE THE LIGHT
LAW

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We provide Clients with a mechanism to access, review and update information via
the dashboard. If you wish to review or update your information, please visit
branch.io and login using the username and password you created. Next, please
select “Account Settings” which can be found in the lower left corner of the
dashboard screen, then select the “User” tab near the top. If you would like to
delete your account, please email support@branch.io.
Under California law, California residents who have an established business
relationship with us may choose to opt-out of the disclosure of Personal Data
about them to third parties for such third parties’ direct marketing purposes.
Our policy is not to disclose Personal Data collected through our Website to a
third party for direct marketing purposes without your approval. If you choose
to opt-out at any time after granting approval, email privacy@branch.io.
California residents who have provided us with Personal Data can also request
and obtain from us once a year, free of charge, a list of the third parties to
whom we have disclosed their Personal Data (if any) for such third parties’
direct marketing purposes in the prior calendar year, as well as the type of
Personal Data disclosed to those parties. If you are a California resident and
would like such a list, please email privacy@branch.io.


WE SECURE THE INFORMATION WE COLLECT


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SECURING THE INFORMATION PROVIDED BY OUR CLIENTS AND COLLECTED THROUGH OUR
WEBSITE IS IMPORTANT TO US. BRANCH HAS IMPLEMENTED INDUSTRY-STANDARD TECHNICAL,
ADMINISTRATIVE, AND PHYSICAL SAFEGUARDS TO HELP PROTECT THE INFORMATION ON OUR
SERVERS AGAINST UNAUTHORIZED ACCESS, ALTERATION, DISCLOSURE OR DESTRUCTION. YOU
ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR OWN PASSWORDS. IF YOU HAVE
REASON TO BELIEVE THAT YOUR PASSWORDS OR PERSONAL DATA ARE NO LONGER SECURE,
PLEASE PROMPTLY NOTIFY US AT PRIVACY@BRANCH.IO.


OUR DATA RETENTION POLICY

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For our Services: Branch stores the information collected by our Services (see
the “What Information Does Branch Collect from our Services?” section above) so
long as our systems continue to encounter that User. After that User has been
inactive for 30 days (or 90 days for specific attribution products), identifiers
collected from that User will be deleted unless otherwise required by applicable
law or otherwise agreed between Branch and the Client.
Usage activity logs, which are used for the purpose of reporting and analytics,
are stored in an identifiable form for no more than 7 days (or up to 60 days as
determined by the Client or for specific fields), after which these logs are
removed or pseudonymized. Any and all pseudonymized logs are deleted after 12
months, unless otherwise required by applicable law or otherwise agreed between
Branch and the Client.
Aggregated reporting metrics shared with Clients are retained (in aggregate and
anonymized form) for up to 24 months, unless otherwise required by applicable
law or otherwise agreed between Branch and the Client.
Branch may retain information collected by our Services beyond these periods for
fraud prevention, analysis, or response, or to protect the safety of Branch, its
Clients, Users or the public.
For the Website: We store Personal Data such as email address or billing details
for so long as you continue to have a business relationship with Branch and for
a reasonable time thereafter for record-keeping purposes. If applicable to you,
you may ask us to delete that information as described in the “Data Subject
Rights” section below or pursuant to your right of erasure as described in the
“Data Subject Rights” section below.


LINKS TO OTHER WEBSITES

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The Website and/or Services may contain links to other websites and other
websites may reference or link to our Website and/or Services. These other
domains and websites are not controlled by Branch, and we do not endorse or make
any representations about third-party websites or social media platforms. We
encourage you to read the privacy policies of each and every website and
application that you interact with. We do not endorse, screen, or approve, and
are not responsible for the privacy practices or content of such other websites
or applications. Visiting these other websites or applications is at your own
risk.


INTERNATIONAL DATA TRANSFERS

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All information collected via the Website and Services is stored on servers
located in the United States. In the process of providing the Services, we may
transfer information across borders from other countries or jurisdictions into
the United States. By using the Services, each Client and Website User consents
to the transfer and processing of information to the U.S. in accordance with
this Privacy Policy. Data transfers from the European Union, United Kingdom, and
Switzerland are transferred on the basis of legal mechanisms approved by the
European Commission and other relevant authorities for cross-border data
transfers, such as Standard Contractual Clauses or the Privacy Shield mechanism
discussed in the “Privacy Shield For EU, UK, and Swiss Personal Data Transferred
into the United States” section below.


PRIVACY SHIELD FOR EU, UK, AND SWISS PERSONAL DATA TRANSFERRED INTO THE UNITED
STATES

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Branch complies with the E.U.-U.S. Privacy Shield Framework and the Swiss-US
Privacy Shield Framework as set forth by the U.S. Department of Commerce
regarding the collection, use, and retention of Personal Data from European
Union member countries (including European Economic Area member countries), the
United Kingdom, and Switzerland transferred to the United States pursuant to
Privacy Shield. Branch recognizes that the Court of Justice of the European
Union ruled in July 2020 that a certification under the EU-U.S. Privacy Shield
Framework no longer can serve as the basis by which entities subject to the GDPR
export personal data to jurisdictions outside the European Economic Area, and
that the Swiss Data Protection Authority similarly held the Swiss-US Privacy
Shield inadequate. Branch will continue to honor its obligation to comply with
the Privacy Shield Principles with respect to data that was transferred pursuant
to the EU-U.S. and Swiss-U.S. Privacy Shield Framework. If there is any conflict
between the policies in this Privacy Policy and data subject rights under the
Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn
more about the Privacy Shield program, and to view our certification page,
please visit visit https://www.privacyshield.gov.
Branch no longer relies on the EU-U.S. Privacy Shield to transfer data that
originated in the EEA or the United Kingdom to the U.S.
Branch is subject to the investigatory and enforcement authority of the US
Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks we are obliged to inform EU, UK, and
Swiss individuals whose data is being transferred into the United States that we
may be required to release Personal Data in response to lawful requests by
public authorities including to meet national security and law enforcement
requirements.
Branch remains liable for the onward transfer of EU, UK, and Swiss personal data
to agent third parties pursuant to the Privacy Shield unless we can prove we
were not a party to the actions giving rise to the damages.
We acknowledge the right of EU, UK, and Swiss individuals to access their
Personal Data pursuant to the Privacy Shield. EU, UK, and Swiss individuals
wishing to exercise this right may do so by contacting privacy@branch.io.
In compliance with the Privacy Shield Principles, Branch commits to resolve
complaints about your privacy and our collection or use of your personal
information transferred to the United States pursuant to Privacy Shield.
European Union, UK, and Swiss individuals with Privacy Shield inquiries or
complaints should first contact Branch at:
Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at privacy@branch.io
Branch has further committed to refer unresolved privacy complaints under the
Privacy Shield Principles to an independent dispute resolution mechanism, the
BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive
timely acknowledgment of your complaint, or if your complaint is not
satisfactorily addressed, please visit
http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and
to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels,
under certain conditions, you may invoke binding arbitration for some residual
claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at
https://www.privacyshield.gov/article?id=ANNEX-I-introduction.


DATA SUBJECT RIGHTS

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California Consumer Privacy Act
The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
natural persons who are residents of California. Our CCPA privacy notice is
available here .
Rights of Residents of the European Economic Area and United Kingdom
The European General Data Protection Regulation of 2018 (“GDPR”) and equivalent
requirements in the United Kingdom including the Data Protection Act 2018 and
the United Kingdom General Data Protection Regulation (“UK Data Protection Law”)
provides certain rights to residents of Europe. Information on how you can
exercise rights under the GDPR and UK Data Protection Law are set forth here .
Lei Geral de Proteção de Dados
Lei Geral de Proteção de Dados (“LGPD”) provides certain rights to residents of
Brazil. Information on how you can exercise rights under the LGPD are set forth
here.


OUR POLICY REGARDING CHILDREN

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Services: The Branch Services are not directed to children. We require that
Clients agree to not send to us data relating to any children under 13 (or, in
certain jurisdictions, under 16). If you are a Client and want to learn more
about Branch SDK Privacy Controls that you can use in your compliance with the
U.S. Children’s Online Privacy Protection Act (COPPA), GDPR, or any other
applicable law, please contact privacy@branch.io.
If you believe that we might have any information from or about a child under 13
(and in certain jurisdictions under 16) in violation of applicable law, please
contact us at privacy@branch.io, so that Branch can promptly investigate and
delete any information that it may have been provided inappropriately.
Website: The Branch Website is not directed to children. We do not knowingly
collect through the Website Personal Data from anyone under the age of 13 (and
in certain jurisdictions under the age of 16). If you are under 13 (and in
certain jurisdictions under 16), please do not attempt to register or send any
information about yourself to us, including your name, address, telephone
number, or email address. No one under 13 (and in certain jurisdictions under
16) may provide any Personal Data to us. In the event that we learn that we have
collected any such data from a child under 13 (and in certain jurisdictions
under 16) through our Website, we will take reasonable steps to delete that
information as quickly as possible. If you believe that we might have any
information from or about a child under 13 (and in certain jurisdictions under
16), please contact us at privacy@branch.io, so that Branch can promptly
investigate and delete any inappropriately obtained information.


CONTACT US, QUESTIONS, CHANGES TO THIS PRIVACY POLICY

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We may change this Privacy Policy at any time in our sole discretion. We will
post all changes to this Privacy Policy on this page and will indicate at the
top of the page the modified Privacy Policy’s effective date. If you have any
questions or suggestions regarding this Privacy Policy, please contact us at:
Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at info@branch.io


COMPLIANCE

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This Privacy Policy shall be implemented by Branch and all its operating
divisions, subsidiaries and affiliates. Branch has put in place mechanisms to
verify ongoing compliance with Privacy Shield Principles and this Privacy
Policy.

EFFECTIVE JUNE 1, 2022  TO  OCTOBER 11, 2022

Download

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TABLE OF CONTENTS

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Privacy Policy
Last updated February 3, 2022
The Branch Guiding Privacy Principles
We are a linking and analytics platform for app and website developers. And we
are proud of our commitment to providing our services in a privacy-first way. So
we thought it would be helpful to lay out, in plain English, the Branch Guiding
Privacy Principles that drive how we’ve chosen to design our services with
privacy as a top priority. You’ll find our official Privacy Policy below this
section, but we hope you’ll find this summary of our principles helpful.
 * We limit the data we collect. We practice data minimization, which means that
   we take steps to avoid collecting or storing information that we don’t need
   to provide our services. The personal data that we collect is limited to data
   like advertising identifiers, IP address, and information derived from
   resettable cookies (the full list is below in our privacy policy). We do not
   collect or store information such as names, email addresses, physical
   addresses, or SSNs. Nor do we want to. In fact, our Terms & Conditions
   prohibit our customers from sharing with Branch any kind of sensitive
   end-user information.
 * We will only provide you with data about actual end-user activity on your
   apps or websites. Our customers can only access “earned” cookies or
   identifiers. This means that an end user must visit a customer’s site before
   our customer can see the cookie; and an end user must download a customer’s
   app in order for Branch to collect the end user’s advertising identifier for
   that customer. In short, the Branch services benefit customers who already
   have seen an end user across their platforms and want to understand the
   relationship between those web visits and app sessions.
 * We do not rent or sell personal data. No Branch customer can access another
   Branch customer’s end-user data. And we are not in the business of renting or
   selling any customer’s end-user data to anyone else. To enable customers to
   control their end-user personal data, they can request deletion here of that
   data at any time, whether in bulk or for a specific end user. These controls
   are available to customers worldwide, although we designed them to comply
   with GDPR requirements as well.

Beyond these principles stated above, Branch will continue to find ways to
design our services to respect end user privacy. We’re committed to making sure
our customers understand how we use data they entrust to us and how they can
control it so that they can, in turn, be transparent with their end users.
Introduction
Branch Metrics, Inc. ("Branch", "us", "our" or "we") offers a linking and
analytics platform enabling developers of applications (our "Clients")--whether
those applications are websites or "apps," and across different types of
devices--to improve their end users’ ("Users") cross-application experiences,
and to derive additional insights into how their Users download and utilize
those applications. Branch recognizes and believes that data privacy is
important to all Internet users, and therefore we design and operate our
services in a privacy-first manner.
This Privacy Policy is divided into three parts:
 * Collection and Use of Information from Our Services: This section explains
   how Branch collects and uses information about Users in connection with our
   products and services (the "Branch Services" or the "Services").
 * Collection and Use of Information from Our Website and for Marketing
   Purposes: This section explains how we collect and use information about our
   website visitors through our website located at branch.io (the “Website”),
   which includes the dashboard we provide to our Clients located at
   dashboard.branch.io. So, if you are a Client using our Branch dashboard, this
   section applies to the data we collect from you. It also explains how we
   collect information about potential Clients from service providers and other
   sources to enhance our marketing efforts.
 * Policies Applicable to Both Our Services & Our Website: This section lays out
   the parts of the Branch Privacy Policy that apply to both the Services and to
   the Website.

Collection and Use of Information from Our Services
What Information Does Branch Collect from Our Services?
Below, we explain what information we collect on behalf of our Clients through
the Services, and how we use it. We process information in a way that is
relevant for the purpose for which it was collected as described below.
The Branch Services: Overview
Branch provides a variety of Services intended to help Clients understand the
use of their digital properties by their Users across a wide array of platforms,
devices and applications. Branch helps Clients by connecting User interactions
across siloed applications (email, SMS, web browsers, social platforms, native
applications and others), so that Clients understand the multiple steps that a
User took to ultimately complete a transaction with the Client. The Client can
use this information to better inform marketing and product decisions as well as
to provide improved user experiences by using their knowledge of continuity.
Branch has no direct relationship with Users. Branch’s Services are provided
when Branch Clients install on their platforms “Branch Mechanisms” (including
links, pixels, direct platform integrations, etc.) that capture User action on
behalf of the Client. Using the information collected from these Branch
Mechanisms, Branch uses a variety of attribution techniques to connect User
actions across different channels and platforms. Some of these attribution
techniques include a direct pass-through of identifiers from platform to
platform, creating and storing identifiers unique to the Branch platform to
connect User actions and identifiers together, and predictive modeling
algorithms using real-time and historical data parameters observed from User
interactions where there are no shared identifiers available, as well as using
historical connections Branch has derived over time using our technology. In
some cases, these connections are made without the use of cookies. These
techniques help Clients match Users with devices they use, including matching
the same User across multiple devices.
The key use cases of Branch’s Services are:
 * To support Clients in implementing deep linking, which uses Branch’s
   connection information in real time to improve the User experience.
   * For example, if a User clicks on a link in an email or ad to a specific
     page in a Client’s app, Branch helps the User get to that page after they
     download the app.
 * To report individualized and aggregated analytics metrics about the
   performance of the Client’s product and marketing initiatives to the Client
   directly.
   * For example, Branch can tell a Client how many Users that downloaded an app
     or that went to a specific page in an app came from clicking on a specific
     link, and provide corresponding advertising or other identifiers.
 * To assist the Client by presenting real time, targeted messaging to their
   Users depending on past behavior observed across the tracked platforms with
   the purpose of driving more engagement to the Client.
   * For example, Branch can use Branch Mechanisms to provide a tailored message
     like a coupon code or special offer in your website to users who have
     interacted with your app and/or website in the past.

Branch requires that each Client commit to share with Branch only information
that it has lawfully obtained (including, where necessary, by obtaining consent
from Users), and that it has the right to share with Branch. We strongly
discourage Clients from sharing sensitive User information with us, as such
information is not necessary for the provision of the Services, and we prohibit
them from providing us with data relating to children under 13 (or, in certain
jurisdictions, under 16).
In the charts below, we summarize the information collected automatically by the
Services.
Information Collected By Branch Links and Pixels
Branch collects the following information from URLs created by the Client (i.e.,
Branch Links) and pixels placed on Client websites. Branch Links may be embedded
into QR Codes as configured by the Client. Some of this information is
considered personal data under applicable law (in other words, information that
itself may identify a unique individual or can be linked back to an individual)
(“Personal Data”).
Type of Information Collected
Purpose
IP Address
Standard web HTTP request; used for attribution and to understand general
location
Cookie
Standard web cookies, used for device identification and attribution
Link Data
Metadata controlled by the Client, which may be used to interpret the data for
reporting, or for analytics
User Agent
Standard web browser user agent metadata; used for device identification and
attribution
Referer
Standard web browser HTTP referer; may be used for reporting and analytics
Request
Standard web HTTP request
Phone Number
(Optional) used only to facilitate the “Text me the app” feature if used
Engagement Data
Information relating to the Client’s ad campaigns and User interactions, such as
clicks on Client ads, Client ad impressions viewed, audiences or segments to
which an ad campaign is attributed, type of ads and the webpage from which such
ads were displayed, and webpages on Client’s website visited by a User.
Other interactions, events and actions Clients choose to measure and analyze
within their website (e.g., add to cart, purchases made, clicks, engagement time
etc.).

SDKs are Software Development Kits that include code that allows Clients to use
the Branch Services. The Branch Mobile App SDKs, Web SDKs, and Over-the-Top
(OTT) SDKs collect the following information when Clients use these SDKs in
their applications or websites, some of which may be considered Personal Data
under applicable law:
Information Collected by Branch SDKs
Type of Information Collected
Purpose
Advertising identifier (e.g., GAID, Android ID, IDFA, IDFV, RIDA)
Used for device identification and attribution
Branch Cookie ID
Used for device identification and attribution
IP Address
Standard web HTTP request; used for device identification, attribution, and to
understand general location
Referer
Standard web browser HTTP referer; may be used for reporting and analytics
Central Processing Unit (CPU) Type
Metadata feature used for device identification and attribution
System build version
Metadata feature used for device identification and attribution
Internet connection type
Metadata feature used for device identification and attribution
Application version
Metadata feature used for device identification and attribution
Device model
Metadata feature used for device identification and attribution
Manufacturer
Metadata feature used for device identification and attribution
Operating system
Metadata feature used for device identification and attribution
Operating system version
Metadata feature used for device identification and attribution
Screen size (height, width)
Metadata feature used for device identification and attribution
Screen resolution
Metadata feature used for device identification and attribution
Mobile network status (Wi-Fi, etc.)
Metadata feature used for device identification and attribution
Device locale (country and language)
Metadata feature used for device identification and attribution
Local IP address
Metadata feature used for device identification and attribution
Mobile platform
Metadata feature used for device identification and attribution
Branch SDK version
Metadata feature used for device identification and attribution
Developer ID
(optional) Client-supplied unique identifier; metadata feature Used for device
identification and attribution
Carrier ID
Metadata feature used for device identification and attribution
Engagement Data
Information relating to the Client’s ad campaigns and User interactions, such as
clicks on Client ads, Client ad impressions viewed, audiences or segments to
which an ad campaign is attributed, type of ads and the application page from
which such ads were displayed, pages on Client’s application visited by a User,
downloads, opt-in status for certain tracking mechanisms, and installations of
applications.
Other interactions, events and actions Clients choose to measure and analyze
within their application (e.g., add to cart, purchases made, clicks, engagement
time etc.).

In addition to the information identified above, the Branch Desktop SDKs collect
the following identifiers when Clients use these SDKs in their desktop
applications, some of which may be considered Personal Data under applicable
law:
Type of Information Collected
Purpose
MAC address
Used for device identification and attribution
Windows Advertising ID
Used for device identification and attribution
CPU ID
Used for device identification and attribution

Information Collected By Third Parties
As part of Branch’s Services, Branch’s Clients may direct certain of their
vendors or business partners (such as an ad network or vendor) to provide
certain Engagement Data to Branch on the Client’s behalf.
How Does Branch Use Information Collected by Our Services?
Data Branch collects through the Services is processed:
 * to better understand how and from where Users come to download certain apps,
   what types of apps are popular, or to infer that certain browsers and devices
   are operated by the same User based upon connections Branch has derived
   across non-affiliated apps and websites.
 * to provide, maintain, optimize, research and improve the Branch Services we
   provide our Clients, including to support other Branch products and services,
   develop new products and services, and market products or services; to
   support the products and services of our Clients; and as permitted or
   required by applicable law.
 * to fulfill Clients’ and prospective Clients’ requests for the Services
   including processing data at the Client’s direction and transferring User
   data to them. Branch does not control how Clients use information Branch
   shares with Clients and Users should read Clients’ Privacy Policies to
   understand how they use information they receive from Branch.
 * to aggregate data across various sources, including data from various Clients
   or third parties.
 * to create reports based on aggregated information, which is information that
   cannot reasonably be linked back to any individual person or Client and share
   these reports with the public.
 * for anti-fraud protection and analysis relating to the Services to ensure
   more accurate attribution measurement, general fraud prevention, or where
   otherwise required by law.

We may aggregate and/or de-identify the data we collect through the Services.
After data has been aggregated and/or de-identified, Branch cannot use it to
personally identify an individual. We may use de-identified and/or aggregated
data for any purpose, including without limitation for research and marketing
purposes, and may also share such data with any third parties, including
business partners, Clients, and/or others.
Our Clients’ Use of Information
Our Clients may use the information collected via the Services to improve their
Users’ app experiences, customize their apps to Users, and to better understand
their app marketing programs and how Users discover their apps. For example, a
User may want to share information about a hotel that she found in a travel app
with a friend. When that User sends her friend a Branch link to that hotel,
after clicking the link the friend is brought directly to the content relating
to that hotel within the app, rather than landing on the app’s homepage and
having to search for the hotel. The travel app would also gain insights and
analytics as to how the content is being shared from its app.
We require that our Clients utilize our Services responsibly and in accordance
with our Terms & Conditions. Branch is not responsible for the data practices of
any of our Clients through the Services or otherwise. Each Client’s practices
are subject to each Client’s individual privacy policy. Users should review the
privacy policy of each Client to understand how that Client uses User
information collected through the Services.
User Choices
Branch recognizes a number of consumer choice mechanisms. Due to the nature of
the Services, some functionality may be degraded or no longer work as a result
if you exercise certain of the opt-outs below.
Branch’s Browser Cookie Opt-Out: Our cookie-based opt-out can be accessed by
clicking here. This will place a Branch opt-out cookie on your browser. Where
Branch detects the presence of that opt-out cookie, we will no longer read or
set cookies (beyond the opt-out cookie itself). Cookie-based opt outs must be
performed on each device and browser that you wish to have opted-out. For
example, if you have opted-out on your computer browser, that opt out will not
be effective on your mobile device.
NAI Browser-Based Opt-Out: Branch is a member of the Network Advertising
Initiative (“NAI”) and adheres to its Code of Conduct. NAI provides you with the
opportunity to opt out (on a browser-by-browser basis) from interest-based
advertising by participating NAI members, including Branch. That opt-out is
available here.
Device-Based Opt-Out: You can submit a request to opt out of the Branch Services
on a particular device by submitting a request here.
Device Identifiers: To use your device’s privacy settings controls, please visit
the privacy settings menu of your device to review and access the privacy
controls made available on the device. Branch will only be able to collect
information from the device as permitted by these settings.
Client App Opt-out Controls: Branch‘s SDK Privacy Controls allow Clients to
respect granular controls regarding User data. Clients can flag in the Branch
SDK that a particular User’s data should not be processed by Branch, in which
case Branch will no longer process engagement data on behalf of the Client for
that User.
Engagement Builder: Branch's Engagement Builder feature may be used to help
Clients conduct re-engagement and re-targeting campaigns. We require that
Clients using Branch’s Engagement Builder feature for such purposes respect User
opt-out preferences passed to them by Branch.
Collection and Use of Information from Our Website and for Marketing Purposes
What Information Does Branch Collect about Website Visitors and Potential
Customers?
Branch collects information from Website visitors (“you” or “Website Users”)
located at www.branch.io (the “Website”), which includes the dashboard provided
to our Clients located at dashboard.branch.io. The types of information we may
collect and our privacy practices depend on the nature of the relationship you
have with us and the requirements of applicable law. Below are the legal bases
and some of the ways we collect information and how we use it. We process
information in a way that is relevant for the purpose for which it was collected
as described below.
What We Collect from Clients that Use the Website
Branch collects Personal Data and non-personal data via the Website. For
example, when Clients register to use our Services, we ask them to provide us
with Personal Data, including first and last name and email address.
Dashboard Information: Information we collect from visitors who register for an
account on our dashboard includes the following, some of which is considered
Personal Data under applicable law:
Type of Information Collected
Purpose
IP Address
Standard web HTTP request; may be used for limited security login controls
Cookie (ours)
Standard web cookie used for dashboard session management
Cookie (third-party)
Third-party web tracking tools used for business intelligence
First, Last Name
Used for team user identification
Work Email
Used as the primary login identifier
Password
Account registration, secure our Services and prevent fraud
Account Holder Primary Role
Account registration, tell Clients about products and services offered by Branch
and Branch’s selected partners
User Agent
Standard web browser user agent metadata; may be used for limited security login
controls
Referer
Standard web browser HTTP referer; may be used for general internal business
analytics
Request
Standard web HTTP request; may be used for general internal business analytics
Github ID
(optional) Can be used as a login method
Billing information
Payment account registration
Log Data
Provide the Services, tell Clients about products and services offered by Branch
and Branch’s selected partners, personalize our experience, secure our Services
and prevent fraud, and defend our legal rights and comply with the law
Account holder feedback
Help us improve your experience on the account dashboard



We also require Clients to set up a user ID and unique password for account
security purposes. Clients must not share their passwords with anyone. Clients
also have the option of adding other team members to their account. This account
information enables us to set up an account for Clients, to provide the
Services, and to otherwise manage Client accounts. We may also use this
information to notify Clients about updates to our Services and provide them
with promotional emails. We offer a mechanism to opt out from promotional emails
as described in the “Opt-Out from Promotional Emails” section below.When a
Client creates an account and uses the Services, Branch may collect certain log
data, such as IP address from which a Client is connecting to the Services,
information related to the device being used to connect to the Services (e.g.,
browser type and version, device type, OS version) and the features and
functions of the Services used by the Client (“Log Data”).
Account and Billing Information: To the extent that we charge a fee for the
Services, we may also collect limited billing, payment, and contract information
from Clients through our third-party payment and contract processors.
Third-Party Connection Information: Some features of the dashboard Services
allow you to share your information through your accounts with other companies
such as Facebook and Google. If you choose to connect Branch to such third-party
services, we may collect information related to your use of those third-party
services, such as authentication tokens that allow us to connect to your
third-party service accounts. We will ask you for permission before you
authorize our collection of this information. We may also collect information
about how you are using the Services to interact with those connected
third-party services.
Information from Other Sources: In addition to the information collected through
our Website, we or our third-party service providers may obtain additional
information, such as job title or contact information, from other public and
non-public sources such as business websites, social networking platforms, or
third-party databases. We use this information to better enable Branch to
identify and contact businesses that might be interested in engaging our
Services, and to gain a better understanding of a potential Client’s business
needs.
Communications with Branch: Some Website Users may provide Personal Data to
Branch by sending us an email or filling out an online form on the Website. We
use this information to answer their question(s), and may store that information
for our record keeping, marketing, and advertising purposes.
Research/Survey Solicitations: From time to time, we may perform research
(online and offline) via surveys. We may engage third-party service providers to
conduct such surveys on our behalf. All survey responses are voluntary, and the
information collected will be used for research and reporting purposes to help
us better serve individuals by learning more about their needs and the quality
of the products and services we provide. The survey responses may be utilized to
determine the effectiveness of our Website, various types of communications,
advertising campaigns and/or promotional activities.
Cookies, Pixels and Web Beacons: We also collect other data via the Website from
Website Users, including Website Users employed by or affiliated with Clients,
through cookies and/or web beacons. Such information, some of which may be
considered Personal Data under applicable law, may include IP address, pages
viewed, browser type, Internet browsing and usage habits, how you browse and
navigate the Website, Internet Service Provider, domain name, the time/date of
your visit to the Website, the referring URL, and your computer’s operating
system. For example, we may collect on a real-time basis information on how you
use and navigate the Website. This may include mouse movements and how you
scroll through the Website, but we do not collect keystroke data.
If you permit the use of cookies and web beacons when you visit and continue to
use the Website, we will collect information through those tools. Cookies are
small data files stored on your hard drive by a website and web beacons are
electronic images that may be used on our Website or in our emails. Cookies help
us improve your experience on the Website as well as our marketing activities.
We use cookies to see which areas and features are popular and to count visits
to our Website. For more information about cookies and web beacons, please visit
http://www.allaboutcookies.org/. For more information about how to opt-out of
cookies and web beacons after you have consented to their use, see the “Opt-out
from Website Cookies/Web Beacons” section below.
How Does Branch Use the Information Collected?
Branch processes the data described in the section above for the following
purposes:
 * to provide, maintain, optimize, research and improve the Website;
 * to fulfill your and prospective Clients’ requests for the Services;
 * to send information about the Services including confirmations, invoices,
   payment processing, technical notices, updates, security alerts, and support
   and administrative messages;
 * to communicate about products and services offered by Branch and Branch's
   selected partners. We receive opt-in consent to send promotional and
   marketing messages to Website Users where required by applicable law. You can
   opt-out of receiving these messages at any time as described below in the
   section titled: “Opt-out from Promotional Emails”;
 * to conduct research;
 * to manage your information and account, to improve and administer our
   Website, to contact Website Users to answer questions or resolve problems, or
   to verify your identity;
 * to conduct research to help us to optimally deliver our existing Services or
   develop new products, processes and services;
 * for ad delivery and reporting purposes and to create data and analytics
   products and services;
 * to make the Website easier to use by reducing the need for Clients and
   Website Users to enter information;
 * for other purposes disclosed to you at the time you provide data to us;
 * with your consent; or
 * where Branch otherwise has a legitimate interest in collecting the data, such
   as direct marketing, individual or market research, product improvement,
   anti-fraud protection, protecting the safety of us, our Website Users, or
   third parties, or where required by law.

Opt-Out & Do Not Track - Your Choice Mechanisms
In some cases, we rely on your consent to process Personal Data about you. In
those cases, and where you have consented to Branch's processing of your
Personal Data in connection with your use of the Website, you may withdraw that
consent at any time by following the instructions below. Additionally, before we
use Personal Data collected with your consent for any new purpose not originally
authorized by you, we will provide information regarding the new purpose and ask
for your consent for the new purpose. Where your consent for the processing of
Personal Data is otherwise required by law or contract, we will comply with the
law or contract. In other cases, we do not rely on your consent to process
Personal Data about you (for example, if we have a different legal basis to
process that data).
Opt Out from Promotional Emails
You can opt-out of receiving promotional emails from us by following the
instructions in those emails, or by filling out this form. You can also opt-out
of certain categories of emails using this form. If you opt-out using any of
these tools, we may still send you non-promotional emails, such as certain
updates about your account or updates to our Terms & Conditions and this Privacy
Policy and/or use of the Services.
Opt Out from Website Cookies/Web Beacons
We will only use cookies consistent with your cookie settings and permissions
granted on our Website. If you permit us to use cookies/web beacons as discussed
above (“What Information Does Branch Collect from our Website”), but would like
to opt-out:
 * For dashboard users, visit https://dashboard.branch.io/account-settings/user,
   and toggle off “Cookie Consent”.
 * For all other users, click on “Cookie Consent” at the bottom right-hand
   corner of our homepage (https://branch.io/), and click on the opt-out link.

Also, you can choose to set your browser to remove cookies and to reject
cookies. To exercise the Do Not Track settings available on certain web
browsers, please visit the privacy settings of your browser. Where Branch is
able to see that such a selection has been made, we will not use information
collected from that device to target advertising on that browser. Dashboard
users must use the “Cookie Consent” feature to revoke permission to place
cookies.
Note that, even if you opt out, we may still collect and use non-personal data
regarding your activities on our Website. This also does not opt you out of
being served advertising altogether; you will continue to receive generic
advertisements.
Third-Party Tools/Analytics on the Website
The Website utilizes third-party tracking tools from third-party service
providers, which may enable these third parties to analyze our Website traffic
for analytics purposes. Some of these third-party service providers may collect
information from this Website for retargeting and interest-based advertising
purposes. For more information about these forms of ad targeting and to
understand your right to opt-out from these practices, please visit
http://www.aboutads.info/choices/. All of these tools are hosted by the third
parties who provide them, and your interactions with these features are governed
by the privacy policies of the third parties providing them. These tools
include, but are not limited to, those below.
Google. We may use Google Analytics and Google Analytics Demographics and
Interest Reporting to collect information regarding visitor behavior and visitor
demographics on our Website, and to develop website content. For more
information about Google Analytics, please visit
www.google.com/policies/privacy/partners/. You can opt-out of Google’s
collection and processing of data generated by your use of the Website by going
to http://tools.google.com/dlpage/gaoptout.
Mixpanel. We use a service provided by Mixpanel, Inc. (“Mixpanel”) to provide us
with analytics data regarding Website Users’ interactions with our Website and
Services. You may opt-out of Mixpanel’s automatic retention of data that is
collected while using the Services by visiting https://mixpanel.com/optout/. To
track opt-outs, Mixpanel uses a persistent opt-out cookie placed on your device.
Please note that if you get a new computer, install a new browser, erase or
otherwise alter the browser’s cookie file (including upgrading certain
browsers), you may delete the Mixpanel opt-out cookie.
Facebook. We may use certain tools offered by Facebook, Inc. (“Facebook”) that
enable it to collect or receive information about actions Website Users take on
our Website through use of cookies, web beacons and other storage technologies
or in order to provide measurement services, targeted ads and other services.
For more information regarding the collection and use of such information by
Facebook, please see the Facebook Data Policy, available at:
https://www.facebook.com/policy.php.
Drift. We use certain tools offered by Drift to power our Website’s live-chat
experience. If you provide information about yourself through that live-chat
experience, then we may store that information for marketing purposes. Drift may
also infer information about the company that you work for you based on your IP
address.
Policies Applicable to Both Our Services & Our Website
How does Branch Share Information?
In addition to the ways described in our Terms & Conditions and this Privacy
Policy, Branch may also share information with others under the following
circumstances:
 * With third-party vendors, consultants and other service providers who work
   for us and need access to information we collect to do that work.
 * With our Clients and their agents, as described in this Policy.
 * To third parties (such as advertising networks or vendors used by our
   Clients), as directed by our Clients.
 * To comply with laws or to respond to lawful requests and legal process
   including to meet national security or law enforcement requirements, and in
   order to investigate, prevent, or take action regarding suspected, or actual,
   prohibited activities, including but not limited to fraud and situations
   involving potential threats to the physical safety of any person.
 * To protect the rights and property of Branch, our agents, Clients, Users,
   Website Users, and others including to enforce our agreements, policies, and
   Terms & Conditions.
 * To Branch’s subsidiaries and affiliates as necessary to help us provide,
   support, and maintain the Services.
 * In connection with or during negotiation of any merger, sale of company
   assets, financing, or acquisition of all or a portion of our business to
   another company.

Updating Your Information and Contact Preferences; California Shine the Light
Law
We provide Clients with a mechanism to access, review and update information via
the dashboard. If you wish to review or update your information, please visit
branch.io and login using the username and password you created. Next, please
select “Account Settings” which can be found in the lower left corner of the
dashboard screen, then select the “User” tab near the top. If you would like to
delete your account, please email support@branch.io.
Under California law, California residents who have an established business
relationship with us may choose to opt-out of the disclosure of Personal Data
about them to third parties for such third parties’ direct marketing purposes.
Our policy is not to disclose Personal Data collected through our Website to a
third party for direct marketing purposes without your approval. If you choose
to opt-out at any time after granting approval, email privacy@branch.io.
California residents who have provided us with Personal Data can also request
and obtain from us once a year, free of charge, a list of the third parties to
whom we have disclosed their Personal Data (if any) for such third parties’
direct marketing purposes in the prior calendar year, as well as the type of
Personal Data disclosed to those parties. If you are a California resident and
would like such a list, please email privacy@branch.io.
We Secure the Information We Collect
Securing the information provided by our Clients and collected through our
Website is important to us. Branch has implemented industry-standard technical,
administrative, and physical safeguards to help protect the information on our
servers against unauthorized access, alteration, disclosure or destruction. You
are responsible for maintaining the secrecy of your own passwords. If you have
reason to believe that your passwords or Personal Data are no longer secure,
please promptly notify us at privacy@branch.io.
Our Data Retention Policy
For our Services: Branch stores the information collected by our Services (see
the “What Information Does Branch Collect from our Services?” section above) so
long as our systems continue to encounter that User. After that User has been
inactive for 30 days (or 90 days for specific attribution products), identifiers
collected from that User will be deleted unless otherwise required by applicable
law or otherwise agreed between Branch and the Client.
Usage activity logs, which are used for the purpose of reporting and analytics,
are stored in an identifiable form for no more than 7 days (or up to 60 days as
determined by the Client or for specific fields), after which these logs are
removed or pseudonymized. Any and all pseudonymized logs are deleted after 12
months, unless otherwise required by applicable law or otherwise agreed between
Branch and the Client.
Aggregated reporting metrics shared with Clients are retained (in aggregate and
anonymized form) for up to 24 months, unless otherwise required by applicable
law or otherwise agreed between Branch and the Client.
Branch may retain information collected by our Services beyond these periods for
fraud prevention, analysis, or response, or to protect the safety of Branch, its
Clients, Users or the public.
For the Website: We store Personal Data such as email address or billing details
for so long as you continue to have a business relationship with Branch and for
a reasonable time thereafter for record-keeping purposes. If applicable to you,
you may ask us to delete that information as described in the “Data Subject
Rights” section below or pursuant to your right of erasure as described in the
“Data Subject Rights” section below.
Links to Other Websites
The Website and/or Services may contain links to other websites and other
websites may reference or link to our Website and/or Services. These other
domains and websites are not controlled by Branch, and we do not endorse or make
any representations about third-party websites or social media platforms. We
encourage you to read the privacy policies of each and every website and
application that you interact with. We do not endorse, screen, or approve, and
are not responsible for the privacy practices or content of such other websites
or applications. Visiting these other websites or applications is at your own
risk.
International Data Transfers
All information collected via the Website and Services is stored on servers
located in the United States. In the process of providing the Services, we may
transfer information across borders from other countries or jurisdictions into
the United States. By using the Services, each Client and Website User consents
to the transfer and processing of information to the U.S. in accordance with
this Privacy Policy. Data transfers from the European Union, United Kingdom, and
Switzerland are transferred on the basis of legal mechanisms approved by the
European Commission and other relevant authorities for cross-border data
transfers, such as Standard Contractual Clauses or the Privacy Shield mechanism
discussed in the “Privacy Shield For EU, UK, and Swiss Personal Data Transferred
into the United States” section below.
Privacy Shield For EU, UK, and Swiss Personal Data Transferred into the United
States
Branch complies with the E.U.-U.S. Privacy Shield Framework and the Swiss-US
Privacy Shield Framework as set forth by the U.S. Department of Commerce
regarding the collection, use, and retention of Personal Data from European
Union member countries (including European Economic Area member countries), the
United Kingdom, and Switzerland transferred to the United States pursuant to
Privacy Shield. Branch recognizes that the Court of Justice of the European
Union ruled in July 2020 that a certification under the EU-U.S. Privacy Shield
Framework no longer can serve as the basis by which entities subject to the GDPR
export personal data to jurisdictions outside the European Economic Area, and
that the Swiss Data Protection Authority similarly held the Swiss-US Privacy
Shield inadequate. Branch will continue to honor its obligation to comply with
the Privacy Shield Principles with respect to data that was transferred pursuant
to the EU-U.S. and Swiss-U.S. Privacy Shield Framework. If there is any conflict
between the policies in this Privacy Policy and data subject rights under the
Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn
more about the Privacy Shield program, and to view our certification page,
please visit visit https://www.privacyshield.gov.
Branch no longer relies on the EU-U.S. Privacy Shield to transfer data that
originated in the EEA or the United Kingdom to the U.S.
Branch is subject to the investigatory and enforcement authority of the US
Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks we are obliged to inform EU, UK, and
Swiss individuals whose data is being transferred into the United States that we
may be required to release Personal Data in response to lawful requests by
public authorities including to meet national security and law enforcement
requirements.
Branch remains liable for the onward transfer of EU, UK, and Swiss personal data
to agent third parties pursuant to the Privacy Shield unless we can prove we
were not a party to the actions giving rise to the damages.
We acknowledge the right of EU, UK, and Swiss individuals to access their
Personal Data pursuant to the Privacy Shield. EU, UK, and Swiss individuals
wishing to exercise this right may do so by contacting privacy@branch.io.
In compliance with the Privacy Shield Principles, Branch commits to resolve
complaints about your privacy and our collection or use of your personal
information transferred to the United States pursuant to Privacy Shield.
European Union, UK, and Swiss individuals with Privacy Shield inquiries or
complaints should first contact Branch at:
Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at privacy@branch.io
Branch has further committed to refer unresolved privacy complaints under the
Privacy Shield Principles to an independent dispute resolution mechanism, the
BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive
timely acknowledgment of your complaint, or if your complaint is not
satisfactorily addressed, please visit
http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and
to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels,
under certain conditions, you may invoke binding arbitration for some residual
claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at
https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Data Subject Rights
California Consumer Privacy Act
The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to
natural persons who are residents of California. Our CCPA privacy notice is
available here.
Rights of Residents of the European Economic Area and United Kingdom
The European General Data Protection Regulation of 2018 (“GDPR”) and equivalent
requirements in the United Kingdom including the Data Protection Act 2018 and
the United Kingdom General Data Protection Regulation (“UK Data Protection Law”)
provides certain rights to residents of Europe. Information on how you can
exercise rights under the GDPR and UK Data Protection Law are set forth here.
Lei Geral de Proteção de Dados
Lei Geral de Proteção de Dados (“LGPD”) provides certain rights to residents of
Brazil. Information on how you can exercise rights under the LGPD are set forth
here.
Our Policy Regarding Children
Services: The Branch Services are not directed to children. We require that
Clients agree to not send to us data relating to any children under 13 (or, in
certain jurisdictions, under 16). If you are a Client and want to learn more
about Branch SDK Privacy Controls that you can use in your compliance with the
U.S. Children’s Online Privacy Protection Act (COPPA), GDPR, or any other
applicable law, please contact privacy@branch.io.
If you believe that we might have any information from or about a child under 13
(and in certain jurisdictions under 16) in violation of applicable law, please
contact us at privacy@branch.io, so that Branch can promptly investigate and
delete any information that it may have been provided inappropriately.
Website: The Branch Website is not directed to children. We do not knowingly
collect through the Website Personal Data from anyone under the age of 13 (and
in certain jurisdictions under the age of 16). If you are under 13 (and in
certain jurisdictions under 16), please do not attempt to register or send any
information about yourself to us, including your name, address, telephone
number, or email address. No one under 13 (and in certain jurisdictions under
16) may provide any Personal Data to us. In the event that we learn that we have
collected any such data from a child under 13 (and in certain jurisdictions
under 16) through our Website, we will take reasonable steps to delete that
information as quickly as possible. If you believe that we might have any
information from or about a child under 13 (and in certain jurisdictions under
16), please contact us at privacy@branch.io, so that Branch can promptly
investigate and delete any inappropriately obtained information.
Contact Us, Questions, Changes to This Privacy Policy
We may change this Privacy Policy at any time in our sole discretion. We will
post all changes to this Privacy Policy on this page and will indicate at the
top of the page the modified Privacy Policy’s effective date. If you have any
questions or suggestions regarding this Privacy Policy, please contact us at:
Branch Metrics, Inc.
195 Page Mill Road, Suite 101
Palo Alto, CA 94306
or by email at info@branch.io
Compliance
This Privacy Policy shall be implemented by Branch and all its operating
divisions, subsidiaries and affiliates. Branch has put in place mechanisms to
verify ongoing compliance with Privacy Shield Principles and this Privacy
Policy.


PRIVACY POLICY FOR JOB APPLICANTS AND PERSONNEL

Version Version 1.0  (Current)

EFFECTIVE JANUARY 12, 2023

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Branch Metrics, Inc. Privacy Policy For Job Applicants and Personnel
Welcome to Branch! We are the leading mobile linking platform, with solutions
that unify user experience and measurement across different devices, platforms,
and channels. This Privacy Policy for Job Applicants and Personnel (the
“Policy”) describes the information Branch Metrics, Inc. and/or its subsidiaries
(“Branch”, “We”, “Us”) collect, as well as how we use, retain, share and delete
that information as part of our recruiting and employment functions, including
for current and former employees, contractors, consultants, interns, and
workers.
We may update this Policy at any time. We may also provide you additional
privacy notices regarding our collection, use, or disclosure of information.
Please read this Policy and any other privacy notices carefully.
This Policy does not form part of any employment contract or contract to provide
services. In addition, if you provide services to Branch through or in
connection with another company, we are not responsible for that company’s
privacy practices.
This Policy does not apply to our handling of data gathered about you when you
use the services of Branch customers for which Branch technology is integrated.
When you interact with us in that role, the privacy policy associated with the
relevant Branch customer applies. This Policy also does not apply to our
handling of data gathered about you in your role as a user of our services, such
as Branch Navigator. When you interact with us in that role, the privacy policy
of the relevant service applies.
This Policy will be accessible via our human resource information system and is
made available to new employees as part of the onboarding process.


INTERNATIONAL DATA TRANSFERS
Branch is a United States company. By performing services for Branch as an
employee, contractor, consultant, intern, or worker, you agree that your
information will be transferred to and stored within the United States. If you
are located outside of the United States, please note that applicable data
protection laws may not be equivalent to the laws of your local jurisdiction.
Branch implements safeguards necessary to comply with the GDPR and other
applicable privacy laws.


INFORMATION WE COLLECT
This policy covers the information we collect during the application and
recruiting process. This data, which may be collected directly from you or third
parties, includes:
 * Identifiers, such as your name, email address, phone number, and other
   information about you, and such information about your beneficiaries or
   emergency contacts;
   * Your resume or CV, cover letter, copies of identification documents, such
     as driver’s licenses, passports, visas, background reports, and any other
     personal information you submit as part of your employment application;
   * Career information such as work experience, job titles, work dates and work
     locations, performance information, information about skills,
     qualifications, experience, publications, and speaking engagements; absence
     and leave records; professional memberships; disciplinary and grievance
     information; and termination information;
   * Financial information, such as information that may be necessary for the
     administration of payroll, and bank account and tax information;
   * Business travel and expense information, such as travel itinerary
     information, corporate expenses, and Branch credit card usage;
 * Education information, such as institutions attended, degrees,
   certifications, training courses, publications, and transcript information;
 * Legally protected classification information, such as sensitive information
   you submit as part of the application or recruitment process, including
   demographic information, health information, religious beliefs, sexual
   orientation, marital status, nationality, and ethnicity;
 * Sensitive personal information, such as Social Security Number, passport
   number, and driver’s license number. Some other information, such as legally
   protected classification information, may be considered “sensitive personal
   information” under California law;
 * Electronic and other workplace monitoring information. We may monitor your
   activity (including online activity) on Branch networks or Branch-issued
   technology (e.g., smartphones, laptops, tablets, etc.);
 * Internet, electronic network, and device activity and device information and
   related identifiers such as information about your use of the Branch network,
   information, and communication systems, including user IDs, passwords, IP
   addresses, device IDs, web logs, metadata, and audit trails of system access;
 * Audio or visual information, such as CCTV footage, as well as other
   information relating to the security of our premises; recorded presentations
   in which you participate; and photographs taken at Branch functions;
 * Medical information about you, and, if applicable, your beneficiaries, such
   as dependent information, spousal or partner information, health information,
   sickness records, and medical conditions;
 * Other information that directly or indirectly identifies you, such as date
   and place of birth, citizenship, and permanent residence (and such
   information about your dependents or emergency contacts); and information on
   any publicly available social media profile of yours that mentions your
   connection to us or our services.



HOW WE USE YOUR INFORMATION
Branch collects personal information about you to carry out the application and
recruitment process, and to support day-to-day business and human resources
functions and activities, including:
 * For talent acquisition and employee lifecycle management purposes, such as
   recruiting and hiring job applicants (including, where permitted by and in
   compliance with applicable law, conducting background checks), administering
   employee compensation and benefits, soliciting survey feedback to improve the
   employee experience, and managing the employee termination process;
 * For performance management purposes, including performance reviews, employee
   mobility and talent development, and attendance monitoring;
 * For operational purposes, such as for processing payroll, administering
   benefits, managing the company directory, accounting for purchases by
   employees, managing workplace safety and security, managing Branch’s network
   and systems, and developing business continuity and disaster recovery plans;
 * For policy enforcement purposes, such as conducting ethics and disciplinary
   investigations, administering and enforcing privacy and security training
   programs, and managing audit and compliance matters;
 * To comply with applicable laws, regulations, legal processes, or enforceable
   government requests as necessary; and
 * To exercise our legal rights, including seeking advice from our external
   lawyers or in connection with litigation with a third party.

Certain information we collect may be “sensitive personal information” under
California law. We use such information as legally necessary to conduct our
relationship with you, in the following ways:
 * Social Security Number or government identifiers such as passport number,
   driver’s license number, or state ID card number for legal compliance,
   payroll, benefits, tax, and immigration purposes;
 * Health information, which may include disability status, to provide
   reasonable workplace accommodations and manage absences, for workplace health
   and safety purposes, and for compliance with applicable law and contracts or
   to exercise rights thereunder;
 * Racial/ethnic origin, sexual orientation, and/or disability status for equal
   opportunity and diversity and inclusion purposes and compliance with
   applicable law, or to exercise rights thereunder.

If you are offered and accept employment with Branch, the information collected
during the application and recruitment process will become part of your
employment record.


IF YOU ARE A EUROPEAN ECONOMIC AREA (“EEA"), UNITED KINGDOM (“UK”), OR BRAZIL
DATA SUBJECT, OUR LEGAL BASIS FOR PROCESSING YOUR INFORMATION
We collect and process information you provide us to assess the potential for
entering an employment contract with you. Our legal bases for processing your
information include: (1) where you have provided consent; (2) where necessary
for the performance of a contract with you; (3) for compliance with a legal
obligation; or (4) for our legitimate interests in managing and administering
business and human resources functions and activities, as described above. If
you do not provide this data, we may be unable in some circumstances to comply
with our obligations and we will tell you about the implications of that
decision.


HOW INFORMATION IS SHARED
We do not share your personal information except in the limited circumstances
described below:
WHEN YOU AGREE OR DIRECT US TO SHARE
You may agree or direct us to share your personal information with others as
part of your employment with Branch. For example, in certain jurisdictions,
consent may be legally required for Branch to perform a background check.
FOR EXTERNAL PROCESSING
We may share your personal data with our employees, contractors, consultants and
other parties (including Branch affiliates) who require such information to
assist us with establishing, managing or terminating our employment relationship
with you. We may also share your personal data with service providers, including
technology and analytics providers that assist us with operating our business,
or with other parties in a manner consistent with the use and disclosure
provisions of this Policy.
We may also provide your information to another entity (such as a potential or
existing business counterparty or customer) with a means of contacting you in
the normal course of business, for example, by providing your contact details,
such as your phone number and email address.
FOR LEGAL REASONS OR TO PREVENT HARM
We may preserve or disclose information about you to comply with a law,
regulation, legal process, or governmental request; to assert legal rights or
defend against legal claims; or to prevent, detect, or investigate illegal
activity, fraud, abuse, violations of our terms, or threats to the security of
the Services or the physical safety of any person.
Please note: Our policy is to notify you of legal process seeking access to your
information, such as search warrants, court orders, or subpoenas, unless we are
prohibited by law from doing so. Exceptions to our notice policy include exigent
or counterproductive circumstances, for example, when there is an emergency
involving a danger of death or serious physical injury to a person.
TRANSFER OF BUSINESS ASSETS
If we are involved in an actual or contemplated merger, acquisition, or sale of
assets, we may share your information. We will continue to take measures to
protect the confidentiality of personal information and give affected users
notice before transferring any personal information to a new entity.
Additionally, Branch may share or sell aggregated, de-identified data that does
not identify you with our partners and the public. When we provide this
information, we perform appropriate procedures so that the data does not
identify you and we contractually prohibit recipients of the data from
re-identifying it back to you.


HOW TO ACCESS OR DELETE YOUR PERSONAL INFORMATION
You may contact your local HR representative for information about how to access
or delete information Branch stores related to your employment. You may also
request information by sending an email to privacy@branch.io, or by leaving a
message at +1-650-209-6461.


RETENTION OF PERSONAL INFORMATION
For EEA, UK, Brazil, and Korea-based roles, job applications will be deleted
within two years unless otherwise required by applicable law.
All other personal information will be retained for as long as necessary to
satisfy the purposes for which it was collected. These purposes may include to
comply with reporting, legal, and accounting obligations. We determine retention
periods by evaluating our legal obligations and our legitimate business
interests (such as backing up systems or maintaining our organizational
history).
YOUR RIGHTS REGARDING PERSONAL DATA
RESIDENTS OF THE EUROPEAN ECONOMIC AREA, UNITED KINGDOM, OR BRAZIL
Applicants and employees within the EEA, UK, and Brazil have certain rights
under the GDPR and other applicable data protection laws. These include the
right to request access or to update your information, request that it be
deleted, or object to Branch using it for certain purposes.
If you wish to exercise a right of access please contact privacy@branch.io. We
will respond to any requests in accordance with applicable law, and so there may
be circumstances where we are not able to comply with your request.
If you are located within the EEA, UK, or Brazil and you can’t find the answer
to your question in this policy, you may contact us at privacy@branch.io.
Depending on your country of residence, you may also raise any questions or
concerns you have regarding your personal information with your local data
protection authority.
CALIFORNIA RESIDENTS
You may also have certain rights regarding your personal information. Subject to
certain exceptions, you may request:
 * access to your personal information including the right to obtain
   confirmation that we are processing your personal information and the right
   to know the categories of personal information we have or will collect about
   you and the reason we will or have collected such information;
 * correction of the personal information that we have or will hold about you
   that is inaccurate;
 * deletion or removal of your personal information.

Exceptions to Your Rights: There are certain exceptions to these rights. For
instance, we may retain your personal information if it is reasonably necessary
for us or our service providers to provide a service that you have requested or
to comply with law or to detect security incidents, protect against malicious,
deceptive, fraudulent, or illegal activity, or prosecute those responsible for
that activity.
You also have the right not to be discriminated against (as provided for in
California law) for exercising your rights.
We also will take reasonable steps to verify your identity before responding to
a request. In doing so, we may ask you for verification information so that we
can match at least two verification points with information we maintain in our
files about you. If we are unable to verify you through this method, we shall
have the right, but not the obligation, to request additional information from
you.
California law also allows you to limit the use or disclosure of your “sensitive
personal information” (as defined in the California Consumer Privacy Act) if
your sensitive personal information is used for certain purposes. Please note
that we do not use or disclose sensitive personal information other than for
purposes for which you cannot opt out under the California Consumer Privacy Act.
California law places certain obligations on businesses that “sell” personal
information to third parties or “share” personal information with third parties
for cross-context behavioral advertising. We do not “sell” or “share” the
personal information covered by this Policy and have not done so in the twelve
months prior to the effective date of this Policy.


Adherence to Branch Policies
Anyone who is hired by Branch will be required to adhere to all Branch policies,
where consistent with applicable local law. Failure to adhere to such policies
may result in discipline up to, and including, termination. All individuals
whose responsibilities include the processing of personal data on Branch’s
behalf are expected to protect that data by adherence to Branch’s Privacy
Policy.
If you have any concerns regarding how your data is processed, you can contact
Branch’s Data Protection Officer at: privacy@branch.io.


PROFESSIONAL SERVICES TERMS & CONDITIONS

Version Version 1.0  (Current)

EFFECTIVE MARCH 22, 2023

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TABLE OF CONTENTS

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Professional Services Terms & Conditions

Last Updated: March 22, 2023

These Professional Services Terms & Conditions (“PS Terms") are entered into by
and between of Branch Metrics, Inc., a Delaware corporation ("Branch," "Branch
Metrics," "we," or "us") and the entity or person purchasing certain
Professional Services made available by Branch (“Customer” or “you” or “your”).
By entering into a statement of work for Professional Services (“SOW”) with
Branch referencing these PS Terms and/or an Order Form referencing an SOW that
incorporates these PS Terms (the “Agreement”), you agree to be legally bound by
and warrant that you are authorized to agree to these PS Terms on behalf of you
and/or your company. IF YOU DO NOT AGREE TO THESE PS TERMS, DO NOT USE BRANCH’S
PROFESSIONAL SERVICES. Branch may update these PS Terms from time to time. The
updated version of these Term will be available at
https://legal.branch.io/#professional-services (or its successor URL) and
effective and binding as of the date indicated at the top of these PS Terms.

I. DEFINITIONS.

 1.  “Affiliate” means any entity which directly or indirectly controls, is
     controlled by, or is under common control with the subject entity.
     “Control,” for purposes of this definition, means direct or indirect
     ownership or control of more than 50% of the voting interests of the
     subject entity.
 2.  “Branch Materials” means any documentation, technical configuration,
     workflow templates, starter code, software components, content, materials,
     methodologies, or other intellectual property that is developed, conceived,
     or acquired by Branch or its Affiliates (a) prior to the Effective Date or
     (b) outside of the scope of the Agreement.
 3.  “Branch PS” means Branch’s Professional Services organization including
     Branch’s and its Affiliates’ employees and subcontractors, and employees of
     subcontractors that assist in providing the Professional Services.
 4.  “Change Order” means any change to an SOW or Order Form, as applicable.
     Change Orders will be deemed incorporated by reference in the applicable
     SOW or Order Form, as applicable in the absence of an SOW.
 5.  “Customer Materials” means Customer-owned or licensed materials, including
     but not limited to content libraries, logos, trademarks, information,
     facilities, software, hosted platforms, APIs, personnel, systems and
     infrastructure, that are provided to Branch in connection with the
     Professional Services.
 6.  “Deliverables” means all works of authorship, inventions, know-how, ideas,
     materials, information, designs, and files made or conceived or reduced to
     practice, in whole or in part by Branch or on Branch’s behalf in connection
     with the Professional Services, and all intellectual property rights
     relating thereto.
 7.  “Effective Date” means the date set forth in the SOW on which the SOW takes
     effect.
 8.  “Order Form” means an ordering document that is entered into between
     Customer and Branch, including any addenda and supplements thereto that
     identifies the applicable Professional Services being purchased, the
     mutually agreed upon rate(s) for such Professional Services and any other
     applicable terms related to the Professional Services.
 9.  “Professional Services” means the professional services provided to
     Customer, as described in the applicable SOW, including, without
     limitation, the development and delivery of any Deliverables related
     thereto, in accordance with the applicable Professional Services (as set
     forth in the applicable SOW). Professional Services excludes Services (as
     defined below).
 10. “Services” means Branch’s software-as-a-service offerings.
 11. “Services Agreement” means the separate agreement governing Customer’s use
     of Branch’s software-as-a-service offerings.

II. SCOPE OF SERVICES. The SOW sets forth the Professional Services to be
provided by Branch to Customer. Any item or activity not expressly included
within the scope of a SOW is deemed outside the scope and may require a Change
Order or separate SOW, which may be subject to additional fees. Professional
Services referenced in a SOW are in support of Branch’s Services, as defined by
the applicable Order Form and/or Services Agreement between Branch and Customer,
except as may otherwise be specified in the SOW. Branch’s provision of, or any
changes to, Branch’s Services are outside the scope of the SOW.

III. TERM AND TERMINATION.

 1. The term and any applicable timelines for the delivery of Professional
    Services is set forth in the SOW or Order Form, as applicable. In the event
    the timeline needs to be extended, the Parties shall enter into a mutually
    agreeable Change Order that outlines extended term and any additional fees,
    as applicable.
 2. Either party may terminate this SOW if the other party is in material breach
    of Agreement and fails to cure that breach within thirty (30) days after
    receipt of written notice. Any termination of the applicable Services
    Agreement will also terminate this SOW.

IV. RESTRICTIONS ON USE. Customer must comply with all applicable laws when
using the Professional Services. Except as expressly permitted under these PS
Terms, Customer will not, and will not permit anyone else to: (a) film or record
Branch’s delivery of Professional Services or Branch Materials, (b) use the
Professional Services for the purposes of evaluating or monitoring their quality
or performance, or for any other benchmarking or competitive purposes; (c)
remove or alter proprietary notices from the Professional Services or Branch
Materials; or (d) use, sell, copy, modify, create derivative works based on,
publicly perform, publicly display, or distribute the Professional Services or
Branch Materials except as necessary to facilitate Customer’s use of Branch’s
Professional Services and/or the Services.

V. INTELLECTUAL PROPERTY.

 1. Customer Materials. Customer retains all right, title, and interest in and
    to all Confidential Information of Customer and Customer Materials. In its
    performance of Professional Services, Branch may require access to certain
    Customer Materials. Customer grants Branch a worldwide, non-exclusive right
    to use, copy, distribute, create derivative works based on, display, and
    modify Customer Materials as reasonably necessary for Branch PS to provide
    Professional Services to Customer. Customer represents and warrants that it
    has all rights and consents necessary to provide the foregoing license to
    Branch and that it will use best efforts to timely provide Customer
    Materials to Branch upon Branch’s request.
 2. Deliverables and Branch Materials. Branch owns and reserves all right,
    title, and interest in and to all Confidential Information of Branch, the
    Professional Services, Branch Materials, and Deliverables, and all
    intellectual property used by or on behalf of Branch in providing the
    Professional Services, including without limitation, all processes,
    know-how, code, data, reports and related materials (and modifications or
    derivatives thereof). If Branch uses the Deliverables for any purpose
    outside of the scope of the Agreement, such Deliverables will not contain
    any Confidential Information of Customer or Customer Materials. Subject to
    Customer’s payment of fees for the Professional Services pursuant to the
    terms of the applicable SOW and / or Order Form, Branch grants Customer a
    limited, non-exclusive, non-transferable, non-sublicensable, right and
    license to use (i) the Branch Materials solely as necessary to use the
    Deliverables, and (ii) the Deliverables solely as necessary for Customer’s
    internal business purposes to use the Services during the term of the
    applicable Services Agreement. Nothing contained in these PS Terms limits
    Branch’s right to develop, use, market, or sell services or products that
    are similar to the Deliverables and/or Professional Services provided to
    Customer pursuant to a SOW, or to use such Deliverables and/or Professional
    Services (excluding Customer Materials and Confidential Information of
    Customer) to perform similar services for any other purposes, including
    without limitation in connection with other projects and customers.
    

VI. COMPLETION. Unless otherwise expressly stated in the applicable SOW, all
Professional Services will be deemed completed upon delivery of all of the
Deliverables set forth in an applicable SOW (“Notice of Completion”). Unless
otherwise expressly stated in the applicable SOW, if, in your reasonable
discretion, the Deliverables fail to materially conform to the agreed upon
specifications set forth in the SOW, you must inform Branch of such
non-conformance in writing within five (5) business days of the Notice of
Completion and Branch will make reasonable efforts to correct and redeliver the
Deliverables promptly, at which point the Professional Services will be deemed
completed.

VII. FEES & TAXES.

 1. Fees. Customer will pay Branch fees for the Professional Services at the
    rates specified in the applicable SOW or Order Form within thirty (30) days
    of receipt of invoice or as otherwise agreed to by the parties in the
    applicable SOW or Order Form. Customer is responsible for all undisputed
    fees, even if such fees are due and payable after termination of the
    Professional Services, or any portion thereof. Fees are non-cancellable and
    failure to use the Professional Services does not constitute a basis for
    refusing to pay any fees. Except as expressly provided in an applicable SOW
    or Order Form, you will not receive any refund or prorated refund for
    amounts previously paid or amounts owed for the term of the SOW or Order
    Form.
 2. Overdue Charges. If any invoiced amount is not received by Branch by the due
    date set forth in the applicable invoice, then without limiting Branch’s
    rights or remedies, those charges may accrue late interest at the rate of
    2.5% of the outstanding balance per month.
 3. Suspension or Cancellation of Service; Payment Acceleration. Without
    derogating from any other remedies available to Branch under these PS Terms
    or by applicable law, if you owe any undisputed fees thirty (30) days or
    more past due in connection with any Services provided by Branch under any
    applicable Order Form, then, without affecting any of your payment
    obligations under the applicable Order Form, SOW, and/or Services Agreement,
    Branch is entitled to take further action including but not limited to
    accelerating your unpaid fee obligations under such agreement so that all
    such obligations become immediately due and payable, and suspending and/or
    canceling your access to the Professional Services and Services until such
    amounts are paid in full. Branch reserves the right to send your account to
    a collections agency for nonpayment (which may, in turn, report the
    uncollected debt to credit bureaus) and to use your contact information for
    debt collection purposes if the applicable agreement is terminated for
    non-payment as set forth herein following a 10-day cure period.
 4. Taxes. Branch’s fees do not include any local, state, or federal sales, use,
    excise, personal property, VAT, or other similar taxes, duties, levies,
    tariffs, and other governmental charges (including, without limitation, any
    withholding tax, and any such taxes, to the extent legally applicable, which
    shall be borne and paid by Customer) (collectively, "Taxes"). If Branch has
    the legal obligation to pay or collect Taxes for which Customer is
    responsible under this section, Branch will invoice Customer and Customer
    will pay that amount unless you provide Branch with a valid tax exemption
    certificate authorized by the appropriate taxing authority. For clarity,
    Customer is responsible for payment of all Taxes resulting from any fees
    payable hereunder, other than any taxes based on Branch’s net income,
    property, and employees.
    

VIII. CONFIDENTIALITY

 1. Definition. Each party to these PS Terms (a “Receiving Party”) may have
    access to, or become acquainted with, certain non-public confidential
    information of the other party (a “Disclosing Party”) including without
    limitation all information clearly identified as confidential at the time of
    disclosure (“Confidential Information”). Customer and Branch further agree
    that, subject to the rights and licenses granted herein, each party's
    Confidential Information shall include, without limitation, all non-public
    information regarding the Disclosing party, including without limitation any
    customer, customer prospect, the terms of the Agreement, conditions and
    pricing, marketing, technical, business and/or strategic plans or
    information provided by the Disclosing Party to the Receiving party in the
    performance of the Services under the Agreement.
 2. Use and Disclosure. Each party agrees as follows: (a) to use the
    Confidential Information of the Disclosing Party only for the purposes
    permitted by these PS Terms and the SOW (the "Purpose"); (b) to take all
    reasonable steps to ensure that the Disclosing Party’s Confidential
    Information is not disclosed or distributed by the Receiving Party’s
    employees or agents to another party in violation of the Agreement, but in
    no event will the Receiving party use less effort to protect the
    Confidential Information of the Disclosing Party than it uses to protect its
    own Confidential Information of like importance; (c) to restrict access to
    the Confidential Information disclosed by the Disclosing Party to such of
    the Receiving Party’s employees, agents and third parties, if any, who have
    a legitimate need to have access for the Purpose and who have agreed in
    writing or are otherwise bound to treat such information in accordance with
    the Agreement; and (d) to return or destroy all Confidential Information of
    the Disclosing Party’s written request, after termination of the Agreement.
 3. Exclusions. The Receiving Party will not be obligated under this
    confidentiality section with respect to information that: (a) is or has
    become readily publicly available through no act or omission of the
    Receiving Party or its employees or agents; (b) is received from a third
    party lawfully in possession of such information and the Receiving Party has
    no knowledge of any disclosure restrictions on such third party to disclose
    such information; (c) is disclosed to a third party by the Disclosing Party
    without restriction on disclosure; (d) was rightfully in the possession of
    the Receiving Party without restriction prior to its disclosure by the
    Disclosing Party; or (e) was independently developed by employees or
    consultants of the Receiving Party without reliance on, or reference to,
    such Confidential Information.
 4. Permitted Disclosures. Notwithstanding the foregoing, Confidential
    Information may be disclosed as required by any court or governmental
    agency, provided that before disclosing such information the Receiving Party
    must provide the Disclosing Party with sufficient advance notice of the
    court or agency’s request for the information to enable the Receiving Party
    to exercise any rights it may have to challenge or limit the court or
    agency’s authority to receive such Confidential Information, to the extent
    permitted by applicable law.

IX. LIMITATION OF LIABILITY.

 1. INDIRECT DAMAGES DISCLAIMER. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT,
    INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
    INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE,
    GOODWILL, USE, DATA THAT IS INCOMPLETE, MISSING, OR INCORRECT, OR OTHER
    INTANGIBLE LOSSES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
    SUCH DAMAGES), RESULTING FROM THIS AGREEMENT.
 2. DIRECT LIABILITY. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF A PARTY
    RESULTING FROM THIS AGREEMENT(INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS),
    REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS
    BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT,
    BREACH OF ANY STATUTORY DUTY, OR OTHERWISE, EXCEED THE AMOUNTS PAID OR
    PAYABLE BY CUSTOMER OR ITS AFFILIATES UNDER THE APPLICABLE ORDER FORM OR SOW
    FOR THE PROFESSIONAL SERVICES OUT OF WHICH THE LIABILITY AROSE.
    

X. WARRANTY & DISCLAIMER. Branch warrants that it will provide the Professional
Services in a professional and workmanlike manner. Customer’s sole and exclusive
remedy for Branch’s breach of this Section X will be the re-performance of the
non-conforming portions of the Professional Services, in accordance with Section
IX above. If Branch is unable to re-perform, Customer will be entitled to
recover the fees paid to Branch attributable to the non-conforming portions of
the Professional Services. EXCEPT AS SET FORTH HEREIN, TO THE FULLEST EXTENT
PERMITTED BY LAW, THE PROFESSIONAL SERVICES AND DELIVERABLES ARE PROVIDED
“AS-IS" AND BRANCH DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, STATORY OR OTHERWISE REGARDING THE PROFESSIONAL SERVICES AND
DELIVERABLES, AND CUSTOMER RELIES ON THE PROFESSIONAL SERVICES AND DELIVERABLES
AT ITS OWN RISK.

XI. NON-SOLICITATION. During the term of the applicable SOW or Order Form and
for a period of one (1) year thereafter, Customer shall not interfere with
Branch’s relationship with, or endeavor to entice away from Branch, any person
who, on the date of the termination of or expiration of the Agreement, was an
employee of Branch.

XII. PERFORMANCE & RESPONSIBILITIES.

 1. Branch Performance. The Branch PS team that will perform the Professional
    Services as set forth in the SOW or Order Form. Branch retains the exclusive
    right to select the Branch PS personnel that will provide the Professional
    Services and to make changes as required in Branch’s discretion. As between
    Customer and Branch, Branch is responsible for (i) the performance of the
    Professional Services by Branch PS personnel under in accordance with the
    Agreement and (ii) all matters related to Branch PS’s employment, including,
    without limitation, compensation, benefits, and any statutory obligations.
    Branch reserves the right to reject any request for work outside the scope
    of the SOW. Branch PS and Customer will use commercially reasonable efforts
    to attend all scheduled meetings and meet all agreed-to deadlines. The
    timeliness of communications and other activities by Customer will directly
    affect Branch’s ability to meet agreed-to schedule deadlines. Additionally,
    delays resulting from Customer-owned (or licensed) software or hardware
    issues may result in additional fees. Professional Services will be
    performed during Branch’s normal business hours (9 AM to 6 PM local time,
    Monday – Friday, excluding nationally recognized holidays). Issues raised
    outside of normal business hours may be sent to support@branch.io.
 2. Customer Responsibilities. Customer is responsible for any engagement and
    management of third-party vendors that Customer uses in conjunction with
    Branch, including any applications and/or services with which Branch’s
    Services may be connected through integrations. Customer acknowledges that
    use of third-party technology and/or services not already licensed or
    purchased by Customer may require additional licenses and fee(s) that must
    be obtained separately by the Customer from the specific third-party
    provider of such applications and/or services. Customer will cooperate
    reasonably and in good faith with Branch PS in their provision of the
    Professional Services including, without limitation: (a) providing Branch PS
    sufficient resources, knowledgeable employees or staff of Customer; (b)
    timely access to accurate and complete Customer Materials; (c) timely,
    accurate, and complete responses to inquiries or requests for feedback or
    information from Branch PS; (d) appointing a Customer representative for
    each Professional Services project to serve as a primary point of contact
    for Branch PS and to make authorized decisions on behalf of Customer; (e)
    actively participating in scheduled project meetings with Branch PS, and (f)
    abiding by Customer obligations specified in the applicable SOW. If
    Customer’s failure to comply with this Section XII(b) prevents Branch from
    providing the Professional Services by the end of the term of the SOW, as
    determined by Branch in its sole discretion, Branch’s obligation to provide
    the Professional Services will be excused, Branch will not be responsible
    for any delays resulting therefrom, and the SOW and all Professional
    Services provided thereunder, shall terminate unless the Parties mutually
    agree in writing to extend the term of the SOW by way of a Change Order. If
    any delay in the provision of Professional Services is caused by Customer
    and results in additional fees, Customer will pay such additional fees.
    

XIII. MISCELLANEOUS

 1. Governing Law & Venue. The Agreement and all matters arising out of or
    relating to the Agreement shall be governed by and construed under the laws
    of the State of California, without regard to its conflict of law
    provisions. The parties expressly disclaim and exclude the application of
    the United Nations Convention on Contracts for the International Sale of
    Goods. Any legal action or proceeding arising out of or relating to the
    Agreement shall be brought exclusively in the state or federal courts
    located in the Northern District of California.
 2. Assignment. The Agreement is not assignable, transferable or sublicensable
    by either party, except with other party’s prior written consent (not to be
    unreasonably withheld or delayed), unless a party is assigning this
    Agreement to (a) a successor to all or part of its assets or business or (b)
    an Affiliate. Any attempted assignment or transfer by either party in
    violation of this Section XIII(b) will be void. Subject to the foregoing,
    this Agreement will be binding on the parties and their respective
    successors and permitted assigns.
 3. Relationship between the Parties. The parties are independent contractors.
    No agency, partnership, joint venture, fiduciary or employment relationship
    is created as a result of the Agreement, and Customer does not have any
    authority of any kind to bind Branch in any respect whatsoever.
 4. Notices. Except as otherwise specified in the SOW, all notices of
    termination (“Legal Notices”) will be provided via email and will be
    effective upon receipt by e-mail as set forth below. If to Branch, all Legal
    Notices shall be provided to legal@branch.io. Billing-related notices to
    Customer will be provided via email and addressed to the relevant billing
    contact designated by Customer on the applicable Order Form. All Legal
    Notices and other notices to Customer will be provided via email and
    addressed to the relevant Services account administrator designated by
    Customer.


RESELLER CUSTOMER TERMS & CONDITIONS

Version Version 1.0  (Current)

EFFECTIVE JUNE 22, 2023

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TABLE OF CONTENTS

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RESELLER TERMS & CONDITIONS

SERVICES AGREEMENT APPLICABLE TO
CUSTOMERS OF BRANCH RESELLERS
1. Introduction
1.1 You (“Customer” or “you” or “your” or related terms) are acquiring a
subscription to the Services (as defined below) operated by Branch Metrics,
Inc., a Delaware corporation d/b/a Branch, ("Branch," "Branch Metrics," "we," or
"us" or related terms) from an unrelated third party authorized to sell such
services (“Reseller”) under a separate agreement with Branch (“Reseller
Agreement”). In addition to any terms and conditions related to your use of the
Services pursuant to any agreement by and between you and the Reseller, these
Terms & Conditions ("Terms") contain the terms and conditions that govern your
access to and use of the Services. Branch is an express beneficiary of this
Agreement (as defined below), and in acquiring a subscription to the Services,
you expressly acknowledge and agree that Branch shall have the right to enforce
this Agreement against you and that this Agreement constitutes the entire
agreement and supersedes any and all prior agreements between you and Branch
with regard to your subscription to the Services or your access to or use
thereof under this Agreement and your agreement between you and the Reseller.
1.2 By accepting this Agreement, either by accessing or using the Services, or
authorizing or permitting any Agent or End User of your Digital Properties (as
defined below) to access or use the Services, you agree to be legally bound by,
and use Branch’s Services in compliance with, all terms, conditions, and notices
in this Agreement as of the date of such access or use of the Services. If you
are entering into this Agreement on behalf of a company, organization or another
legal entity (an “Entity”), you are agreeing to this Agreement for that Entity
and representing to Branch that you have the authority to bind such Entity and
its Affiliates (as defined below) to this Agreement, in which case the terms
“Customer,” “you,” or “your” herein refers to such Entity and its Affiliates. If
you do not have such authority, or if you do not agree with this Agreement, you
must not use or authorize any use of the Services. Customer and Branch shall
each be referred to as a “Party” and collectively referred to as the “Parties”
for purposes of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS,
DO NOT USE ANY SERVICES.
2. Definitions


"Affiliate" means any entity that directly or indirectly controls, is controlled
by, or is under common control with the subject entity. “Control,” for purposes
of this definition, means direct or indirect ownership or control of more than
50% of the voting interests of the subject entity.


"Agreement" means these Terms together with any applicable Order Forms, and any
exhibits, appendices, schedules, or attachments identified or referenced in
these Terms, and any amendments mutually agreed to by the Parties (all of which
are incorporated herein by reference).


"Beta Services" means Branch’s services or functionality that are not generally
available to customers and that may be made available to you to try at your
option which are designated as beta, pilot, limited release, developer preview,
non-production, evaluation, or other services or functionality with a similar
description.


“Collection Technologies” means any tags, SDKs, APIs, JavaScript, pixels,
attribution or redirect links, cookies or other technology used or made
available by Branch to Customer to support the provision of the Services by
Branch, including any updates thereto.


“Digital Properties” means your mobile applications, websites and program code
created by or for you that use the Services or for use by you with the Services.


"Documentation" means the applicable Service’s documentation and usage
guidelines at https://docs.branch.io/, or its successor URL.


"Order Form" means an ordering document or online order specifying the Services
to be provided hereunder that is entered into between Customer or its Affiliates
and the Reseller managing Customer’s subscription to the Services, including any
addenda and supplements thereto. By entering into an Order Form with a Reseller,
an Affiliate agrees to be bound by the terms of the Agreement as if it were an
original party hereto.


“Services" means the products and services that are made available online by
Branch under these Terms, the Beta Services, and other services or products that
Branch may make available from time to time, including associated Branch offline
or mobile components. Services exclude (i) Web-based, mobile, offline or other
software application functionality that interoperates with a Service, that is
provided by Customer or a third party, and (ii) Third-Party Content, as defined
in these Terms.
3. SERVICE ACCESS AND AVAILABILITY
Branch will make the Services available to Customer solely for Customer’s
internal business needs pursuant to the terms of the Agreement and the
applicable Documentation. Customer acknowledges and agrees that it is solely
responsible for its integration and launch of the Services. Branch shall: (a)
use commercially reasonable efforts to make the online Services available 24
hours a day, 7 days a week, except for: (i) planned maintenance, (ii) emergency
maintenance that is reasonably unforeseeable and necessary for purposes of
maintaining the integrity or operation of the Services, and (iii) any
unavailability caused by a Force Majeure Event, and (b) provide the Services in
accordance with the laws and regulations applicable to Branch’s provision of its
Services to its customers generally (i.e., without regard for Customer’s
particular use of the Services), and subject to Customer’s use of the Services
in accordance with the Agreement and the Documentation. Your right to access and
use the Services is limited by all the terms set forth in the Agreement. Branch
reserves the right to monitor and periodically audit Customer’s use of the
Services to ensure that Customer’s use complies with the Agreement and the
limitations of Branch’s Documentation. Should Branch discover that Customer’s
use of the Services violates the Agreement or the limitations of Branch’s
Documentation, Branch reserves the right to charge the Customer, and the
Customer hereby agrees to pay, for such use, in addition to other remedies
available to Branch.
4. USE RESTRICTIONS; UPDATES & SUPPORT
4.1 Use Restrictions. You must comply with all applicable laws when
implementing, configuring, and using the Services and, except as expressly
permitted under these Terms, you will not directly or indirectly: (a) make the
functionality of the Services available to any third party through any means,
including, without limitation, any hosting, application services provider,
service bureau, or other type of service; (b) use any automated tool (e.g.,
robots, spiders) to access or use the Services; (c) extend, sell, distribute,
rent, lease, sublicense, or otherwise provide access to the Services to another
person; (d) circumvent or disable any digital rights management, usage rules,
permissions, or other security features of the Services or attempt to gain
unauthorized access to the Services or Branch’s related systems or networks; (e)
use the Services in a manner that overburdens, or that threatens the integrity,
performance, or availability of, the Services; (f) frame or mirror any part of
the Services, other than on Customer’s own internal and non-public intranets for
its own internal business purposes, unless otherwise permitted in the
Documentation; (g) remove, alter, or obscure any proprietary notices (including
copyright and trademark notices) on any portion of the Services; (h) send
material containing software viruses, worms, trojan horses, or other harmful
computer code, files, scripts, agents, or programs; (i) use Branch’s Services in
violation of Branch’s Acceptable Use Policy available at
https://legal.branch.io/#branchio-aup, or its successor URL; or (j) use the
Services in connection with any Apps or websites that are directed to children
under 13 (and in certain jurisdictions under the age of 16), without employing
appropriate settings within the Collection Technologies to limit data collection
from such children in accordance with applicable law. More information on these
settings is available here. If you have questions about how to use these
settings or have any reason to believe that these resources may not address your
particular use case, please reach out to the Branch Support team via the “Submit
a Ticket” function at http://help.branch.io/, or its successor URL.
Notwithstanding anything to the contrary in the Agreement, use of the Services
in violation of the foregoing restrictions by Customer that, in Branch’s
judgment, threatens the integrity, performance, availability, or security of the
Services may result in Branch’s immediate suspension of, or limitation in
Customer’s access to, the Services.


4.2 Updates and Support. Branch will maintain, support, update, and provide
error corrections for the Services to the same extent it does so for its
customers generally. If Branch provides you with an update or maintenance
release for the offline components of the Branch Services, unless you receive a
separate license from Branch for that update or release that expressly
supersedes these Terms, such update or release will be subject to these Terms.
Branch shall have no liability for any damages that may result from Customer’s
failure to implement upgrades or updates to the Services provided that Customer
is notified in writing by Branch of such upgrade or update. All support requests
must be sent to the Branch Support team via the “Submit a Ticket” function at
http://help.branch.io/, or its successor URL.
5. BETA SERVICES
From time to time, Branch may invite you to try Beta Services. You may accept or
decline any such trial in your sole discretion. Beta Services are for evaluation
purposes only and not for production use, are not subject to any service level
agreements (SLAs) agreed to between you and Branch and may be subject to
additional terms. Branch is under no obligation to maintain, support, update, or
provide error corrections for the Beta Services. Branch may discontinue Beta
Services at any time in Branch’s sole discretion and reserves the right to never
make them generally available. BRANCH WILL HAVE NO LIABILITY FOR ANY HARM OR
DAMAGE ARISING OUT OF, OR IN CONNECTION WITH, CUSTOMER’S USE OF A BETA SERVICE.
THE BETA SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE AND ARE EXCLUSIVE OF ANY
WARRANTY WHATSOEVER. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE BETA
SERVICES, BRANCH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF
TRADE. In the event of a conflict or inconsistency between this section and any
other provision of the Agreement, the terms of this section “BETA SERVICES”
shall control and prevail with respect to Beta Services.
6. CANCELLATION AND TERMINATION
6.1 Cancellation & Termination Under Reseller Agreement. Under the terms and
conditions of Branch’s Reseller Agreement with the Reseller, Branch is entitled
to suspend or terminate your subscription to the Service, your rights to access
and use the Services or your account, and remove and delete any your data if:
(a) Branch is notified by Reseller of your failure to pay amounts due to
Reseller with respect to your subscription to a Service; or (b) Reseller fails
to pay any amounts due to Branch pursuant to the Reseller Agreement with respect
to your subscription to a Service. You consent to these suspension and
termination rights and acknowledge and agree that Branch shall have no liability
to you of any kind with respect to any such suspension or termination. Your sole
recourse with respect to any such suspension or termination shall be against
Reseller. Following the termination or cancellation of your subscription to the
Services and/or account, Branch reserves the right to delete all data associated
with your account in the normal course of operation consistent with Branch’s
standard data retention policies.


6.2. Termination for Material Breach. Either Party may terminate this Agreement
(including access to all Services that are in effect) in the event of a material
breach of this Agreement and fails to remedy such breach within thirty (30) days
of the date of written notice of such breach. For the avoidance of doubt, a
breach of the Branch Acceptable Use Policy will be considered a material breach
of this Agreement. Termination by either Party for material breach of these
Terms will be effective as of the last day of the 30-day cure period provided
herein or immediately to the extent such violation reasonably cannot be cured.


6.3 Termination by Branch. Branch reserves the right to suspend or discontinue,
temporarily or permanently, all or any portion of the Services upon at least
thirty (30) days’ written notice (email sufficient), provided that Branch will
promptly provide a pro-rated refund of all pre-paid and unearned amounts based
on the period of suspension or the date of discontinuance, as applicable, and
Branch will have no further obligations or liability to you or any third-party
as a result of such suspension or discontinuance. Except where there are any
Order Form(s) in effect, Branch may terminate your use of the Services without
prior notice for any reason at any time by providing you with written notice.
Additionally, Branch may immediately terminate this Agreement for cause without
notice if provision of the Services violates applicable law, regulation or court
order.
7. SURVIVAL
Upon termination of the Agreement, those sections of these Terms that by their
nature would reasonably be expected to survive will survive termination or
expiration of these Terms, including but not limited to the sections on
Termination, Privacy Policy & Data Rights, Confidential Information, Proprietary
Rights, Limitation of Liability, and Legal Notices.
8. PRIVACY POLICY & DATA RIGHTS
8.1 Privacy Policy. (a) You acknowledge and agree that you will provide a
privacy policy to your end users, which shall be in compliance with applicable
laws and regulations and shall include, at minimum, the following: (i) clear,
meaningful, and conspicuous notice of your privacy practices consistent with
applicable laws, (ii) disclosures regarding your use of cookies (including
third-party cookies placed on your Digital Properties) and/or targeting and
online behavioral advertising; (iii) your data collection, use and disclosure
practices; and (iv) information regarding how end users may opt out from
receiving targeted advertisements by visiting the NAI website opt-out page here:
http://www.networkadvertising.org/choices/, the DAA opt-out page here:
http://www.aboutads.info/, and/or the EDAA opt-out page here:
http://www.youronlinechoices.eu/. Branch’s Privacy Policy does not cover your
Digital Properties, or the use of your Digital Properties, by your end users. It
is your obligation to provide your own privacy policy to your end users. You
acknowledge that Branch has no direct relationship or interface with your end
users and that Branch’s ability to comply with certain applicable data
protection and privacy laws is dependent on your compliance with the terms of
this section of the Terms. (b) If you use Branch’s Engagement Builder feature,
you agree to respect opt-out flags passed by Branch to you if you use Engagement
Builder data for targeted advertisements. You acknowledge and agree that your
use of the Services is subject to Branch’s Privacy Policy, located at
https://legal.branch.io/#branchio-privacypolicy, or its successor URL. (c) Where
applicable in your use of the Services, you also agree to incorporate and adhere
to the best practices and guidelines of the Self-Regulatory Principles of the
Digital Advertising Alliance ("DAA") (http://www.aboutads.info/principles), and
the Principles of the European Interactive Digital Alliance
("EDAA")(http://www.edaa.eu/european-principles/), as may be updated and amended
from time to time.


8.2 Data Analytics. You acknowledge and agree that Branch may collect and
process data from your Digital Properties as set forth in Branch’s Privacy
Policy with respect to your use of the Services. You grant to Branch a limited,
non-exclusive, non-sublicensable, non-transferable license to use the data
collected through the Services to provide, maintain, optimize and improve the
Services.


8.3 Data Security. Branch will maintain appropriate technical, administrative,
and physical safeguards designed to protect information on its servers,
including customer data, against unauthorized access, alteration, disclosure, or
destruction. However, you acknowledge and agree that no method of transmission
over the Internet or method of electronic storage is completely secure, and that
Branch cannot guarantee the absolute security of such information.


8.4 Compliance with Applicable Law. You will comply with all laws, rules, and
regulations applicable to your business and operations and to your use of the
Services, including those governing the privacy, security and trans-border
transfers of personal data (such as, but not limited to, compliance with the
General Data Protection Regulation (EU 2016/679) ("GDPR") and the California
Consumer Privacy Act (“CCPA”)). Where required, you shall be responsible for (a)
obtaining consent from end users of your Digital Properties to (i) to place
Collection Technologies (including by Branch) on the browsers or devices of end
users of your Digital Properties, and (ii) collect and use the data you provide
to Branch through the Services and the data that you enable Branch to collect
from end users of your Digital Properties and process on your behalf, and (iii)
t0 direct Branch to share data it processes on your behalf with any third party;
(b) ensuring that you otherwise have any and all rights required in order to
provide such data to Branch or to direct Branch to share it with any third
party; (c) obtaining data properly and in accordance with applicable law,
including, without limitation, the U.S. Children’s Online Privacy Protection Act
(“COPPA”), and the Video Privacy Protection Act (18 U.S.C. § 2710) (“VPPA”); and
(d) ensuring you do not provide Branch with any sensitive information or
personally identifiable information through the Services that is afforded legal
protection under applicable regulation or laws (“PII”). To the extent that any
of your users request that you not share their data with Branch, or to the
extent that you believe that any data you may have provided to Branch was
inappropriately obtained, you shall inform Branch immediately. Branch shall have
no responsibility or liability to the extent resulting from or arising out of
your use of the Services not in compliance with the Agreement, the Documentation
or applicable law.


8.5 CCPA. If any data collected through your use of the Services is deemed
personal information subject to the CCPA, then the terms set forth in the Branch
California Privacy Addendum (“California Privacy Addendum“) available at
https://legal.branch.io/#branchio-ca-privacy-addendum, or its successor URL,
shall apply to the use and processing of such personal information and the
Parties agree to incorporate such California Privacy Addendum by reference into
the Agreement as an integral part thereof.
9. RESTRICTED AREAS OF THE SERVICES
9.1 Registration Information. In order to access and use the Services, you must
register an account. Any information provided during your registration must be
current, complete, and accurate (“Registration Information”). It is your sole
responsibility to ensure Registration Information is current, complete, and
accurate at all times.


9.2 Access Credentials. The Services, including account management features, may
be password-restricted to registered users or other authorized persons. You may
select individuals (your employees, Affiliates, or your independent contractors)
to access and use the Services in furtherance of your internal business purposes
as expressly permitted by this Agreement, unless otherwise expressly agreed to
in writing by Branch. You will obtain separate credentials, e.g., user IDs and
passwords, from Branch for such individuals (each, an " Authorized User").


9.3 Responsibility. You are responsible for all actions taken under an
Authorized User’s account, regardless of whether such action was taken by an
Authorized User or by another party, and regardless of whether such Authorized
User authorized or had knowledge of such action. You are responsible for the
security of each Authorized User’s credentials and shall take all necessary
steps to protect each Authorized User’s credentials from disclosure. You will
not share (and will instruct each Authorized User not to share) such credentials
with any other person or entity and will notify Branch promptly of unauthorized
access or use of the Services.
10. LINKS AND THIRD-PARTY CONTENT
You may enable the Services to display, or contain links to, third party
products, services, and websites. You acknowledge that it is your responsibility
to evaluate the information, opinion, advice, or other content linked to or made
available through Branch’s Services. Any opinions, advice, statements, services,
offers, or other information that constitute part of the content expressed,
authored, or made available by other users or other third parties on the
Services, or which is accessible through or may be located using the Services
(collectively, "Third-Party Content") are those of the respective authors or
producers and not of Branch or its shareholders, directors, officers, employees,
agents, or representatives. Branch does not control Third-Party Content and
makes no representations, warranties, endorsements, or guarantees regarding the
accuracy, integrity or quality of such Third-Party Content. Branch expressly
disclaims all responsibility and liability for any Third-Party Content,
including but not limited to, any information or materials advertised in any
Third-Party Content. Branch is not responsible or liable, directly or
indirectly, for any damage or loss caused to you by your or a third party’s use
of or reliance on any goods, services, or information available on or through
any third-party service or Third-Party Content.
11. TRADEMARKS
"Branch Metrics", the Branch Metrics logo, and any other trademarks or service
marks used by Branch or slogan displayed on the Services ("Branch Marks") are
trademarks of Branch and its suppliers or licensors, and may not be copied,
imitated or used, in whole or in part, without the prior written permission of
Branch or the applicable trademark holder. You may not use any metatags or any
other "hidden text" utilizing "Branch Metrics" or any other Branch Marks without
Branch’s prior written permission. In addition, the look and feel of the
Services, including all page headers, custom graphics, button icons and scripts,
is the trade dress of Branch and may not be copied, imitated or used, in whole
or in part, without Branch’s prior written permission. All other trademarks,
registered trademarks, product names and company names or logos mentioned in the
Services are the property of their respective owners. Reference to any products,
services, processes or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply endorsement,
sponsorship, or recommendation thereof by Branch.
12. AGENCIES & PARTNERS
12.1 Agency Client. If you are an agency or a party representing, or providing
services for the benefit of, a third party (“Agency Client“), you represent and
warrant that you are authorized to act on behalf of, and bind to the Agreement,
that Agency Client (and upon Branch’s request shall provide evidence thereof).
You further represent and warrant that, to the extent that you are accessing the
Services on the Agency Client’s behalf, such Agency Client has provided you with
explicit permission to collect on its behalf and view Agency Client’s data and
that you shall use such data strictly in accordance with the permissions
provided to you by such Agency Client and the terms of the Agreement. You shall
ensure that each Agency Client agrees to the terms of the Agreement and any
applicable Order Form(s) and agrees to abide by its terms, including without
limitation, Section 8 (Privacy Policy & Data Rights) of these Terms. You
acknowledge and agree that: (i) Branch makes no representations or warranties
for the direct or indirect benefit of any Agency Client; and (ii) you shall not
make any representations or warranties to such Agency Client on behalf of
Branch.


12.2 Partners. The Services enable you to integrate, measure, and analyze your
Branch account (including data contained therein) with certain partners that you
work with, such as advertising networks, publishers and analytics providers
(“Partners“). For such purpose, you may, through your configuration of the
Services (“Partner Features”), direct Branch to provide data to, and receive
data from Partners relating to end users (“Shared Data”). To the extent that you
use the Partner Features for Partners you select (“Permitted Partners”), then
you hereby grant Branch the right to provide Shared Data with Partners pursuant
to your configuration of the Services and to obtain and process Shared Data from
Permitted Partners pursuant to your configuration of the Services. You
acknowledge and agree that: (i) the sharing of such Shared Data between Branch
and Permitted Partners will be available only to the extent enabled by the
Permitted Partner and Branch; (ii) any use of Shared Data by a Permitted Partner
shall be subject to your own agreements with such Permitted Partner; (iii)
Branch shall have no liability or responsibility in connection with any acts or
omissions by Permitted Partners; and (iv) any use or processing of Shared Data
may be subject to certain limitations and restrictions imposed by Permitted
Partners and Branch is not responsible for fulfilling any such limitations and
restrictions unless expressly agreed to in writing between you and Branch.
13. CONFIDENTIAL INFORMATION
13.1 Definition. Each Party to these Terms (a “Receiving Party”) may have access
to, or become acquainted with, certain non-public confidential information of
the other Party (a “Disclosing Party”) including without limitation all
information clearly identified as confidential at the time of disclosure
(“Confidential Information”). You and Branch further agree that, subject to the
rights and licenses granted herein, each Party's Confidential Information shall
include all non-public information regarding the Disclosing Party, including
without limitation any customer, customer prospect, the terms, conditions and
pricing set forth in the Agreement and its Order Form(s), marketing, technical,
business and/or strategic plans or information provided by the Disclosing Party
to the Receiving Party in the performance of the Services under the Agreement.


13.2 Use and Disclosure. Each Party agrees as follows: (a) to use the
Confidential Information of the Disclosing Party only for the purposes permitted
by the Agreement, or as otherwise permitted by the Agreement (the "Purpose");
(b) to take all reasonable steps to ensure that the Disclosing Party’s
Confidential Information is not disclosed or distributed by the Receiving
Party’s employees or agents to another party in violation of the Agreement, but
in no event will the Receiving party use less effort to protect the Confidential
Information of the Disclosing Party than it uses to protect its own Confidential
Information of like importance; (c) to restrict access to the Confidential
Information disclosed by the Disclosing Party to such of the Receiving Party’s
employees, agents and third parties, if any, who have a legitimate need to have
access for the Purpose and who have agreed in writing or are otherwise bound to
treat such information in accordance with the Agreement; and (d) to return or
destroy all Confidential Information of the Disclosing Party’s written request,
after termination of the Agreement. The Receiving Party will not be obligated
under this confidentiality section with respect to information that: (1) is or
has become readily publicly available through no act or omission of the
Receiving Party or its employees or agents; (2) is received from a third party
lawfully in possession of such information and the Receiving Party has no
knowledge of any disclosure restrictions on such third party to disclose such
information; (3) is disclosed to a third party by the Disclosing Party without
restriction on disclosure; (4) was rightfully in the possession of the Receiving
Party without restriction prior to its disclosure by the Disclosing Party; or
(5) was independently developed by employees or consultants of the Receiving
Party without reliance on, or reference to, such Confidential Information.


13.3 Permitted Disclosures. Notwithstanding the foregoing, Confidential
Information may be disclosed as required by any court order or governmental
agency, provided that before disclosing such Confidential Information the
Receiving Party must provide the Disclosing Party with sufficient advance notice
of the court or agency’s request for the information to enable the Receiving
Party to exercise any rights it may have to challenge or limit the court or
agency’s authority to receive such Confidential Information, to the extent
permitted by applicable law.
14. PROPRIETARY RIGHTS
14.1 Proprietary Rights. As between you and Branch, you shall retain all right,
title and interest in your Digital Properties. If you choose to use your Digital
Properties with a Service, you grant Branch permission to allow the Services to
interoperate with your Digital Properties as required for the interoperation of
your Digital Properties with the Service. Subject to the limited licenses
granted herein, Branch acquires no right, title or interest from you or your
licensors under the Agreement in or to your Digital Properties. Subject to the
limited rights expressly granted hereunder, Branch, its Affiliates, and its
licensors reserve all of their right, title and interest in and to the Services
(including the Branch application programming interfaces and the Branch software
development kits), the Documentation, all technology utilized by Branch to
provide the Services, and all of their related intellectual property rights
related to, embodied by, or incorporated in any of the foregoing and including
any updates, upgrades, enhancements, modifications and improvements made to, or
derivatives of, the foregoing. No copyright is granted by Branch to Customer
hereunder. No rights are granted to Customer hereunder other than as expressly
set forth herein.


14.2 Feedback. Branch may provide you with a mechanism to provide feedback,
suggestions, and ideas, if you choose, about the Services ("Feedback"). You
agree that Branch may, in its sole discretion, use the Feedback you provide to
Branch in any way, including in future enhancements and modifications to the
Services. You hereby grant to Branch and its assigns a perpetual, worldwide,
fully transferable, sub-licensable, fully paid-up, irrevocable, royalty-free
license to use, reproduce, modify, create derivative works from, distribute, and
display the Feedback in any manner for any purpose, in any media, software, or
technology of any kind now existing or developed in the future, without any
obligation to provide attribution or compensation to you or any third party.
15. WARRANTY & DISCLAIMER OF WARRANTIES
15.1 Warranty. You represent and warrant to Branch that (a) you have validly
entered into this Agreement and has the legal power and authority to do so and
(b) c) the execution, delivery and performance of the Agreement does not and
will not violate the terms or conditions of any other agreement to which you are
a party or by which you are otherwise bound.


15.2 DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, THE SERVICES,
AND THE DOCUMENTATION ARE PROVIDED “AS IS,” WITHOUT REPRESENTATION OR WARRANTY
OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BRANCH EXPLICITLY DISCLAIMS ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE
OF PERFORMANCE, OR USAGE OF TRADE. BRANCH DOES NOT WARRANT THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF THE SERVICES, AND THE DOCUMENTATION, NOR DOES
BRANCH WARRANT THAT THE SERVICES WILL BE FREE FROM ERRORS, OR THAT THE
OPERATIONS OF THE SERVICES WILL BE UNINTERRUPTED. YOU RELY ON THE SERVICES AND
THE DOCUMENTATION AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, THE
LIMITATIONS SET FORTH ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.
16. LIMITATION OF LIABILITY
16.1 BRANCH AND ITS SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, GOODWILL, USE,
DATA THAT IS INCOMPLETE, MISSING, OR INCORRECT, OR OTHER INTANGIBLE LOSSES (EVEN
IF BRANCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
THIS AGREEMENT.


16.2 UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE LIABILITY OF BRANCH AND ITS
SUPPLIERS AND LICENSORS RESULTING FROM THIS AGREEMENT (INCLUDING BUT NOT LIMITED
TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY
ACTION OR CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR
OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR
OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT THE RESELLER HAS PAID, OR HAS AGREED
TO PAY, TO BRANCH WITH RESPECT TO YOUR SUBSCRIPTION TO THE SERVICES IN THE
TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. SOME OF
THE LIMITATIONS PROVIDED HEREIN MAY NOT BE ALLOWED UNDER THE LAWS OF CERTAIN
JURISDICTIONS. IF ANY SUCH LAW IS DEEMED TO APPLY TO THE AGREEMENT, THEN THE
LIMITATIONS SET FORTH HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER
SUCH LAWS.
17. INDEMNITY
17.1 Indemnity. You will defend Branch, its Affiliates and their officers,
agents, employees, representatives, and assigns (“Branch Indemnified Parties”)
against any claim, demand suit or action against Branch brought by a third party
to the extent arising out of or relating to: (a) Third Party Content or your use
of the Services in violation of the Agreement, the Documentation or applicable
law, (b) allegations that your Digital Properties, or the combination of your
Digital Properties with the Services, infringes or misappropriates a third
party’s intellectual property rights, (c) your instructions to share Shared Data
with a Partner, or (d) a regulatory investigation (each a “Claim Against
Branch”). You will indemnify Branch Indemnified Parties from any costs, damages,
and expenses finally awarded against Branch Indemnified Parties as a result of,
or for any amounts paid by Branch Indemnified Parties under a settlement
approved by you in writing of, a Claim Against Branch. The above defense and
indemnification obligations will be limited to the extent a Claim Against Branch
arises from Branch’s fraud, or reckless or willful misconduct.


17.2 Agency Indemnity. If you are an agency or a party representing, or
providing services for the benefit of an Agency Client, in addition to the
obligations set forth in the section “Agencies & Partners” of these Terms, you
further agree to indemnify, hold harmless and defend Branch Indemnified Parties
from and against any claim, demand, suit, or action and any related liability
against a Branch Indemnified Party brought by a third party, arising out of or
relating to: (a) any representations and warranties made by you concerning any
aspect of the Services to an Agency Client; (b) any claims made by or on behalf
of any Agency Client arising out or relating to your use of the Services; and
(c) any claims arising out of or relating to acts or omissions of an Agency
Client in connection with the Services.


17.3 Indemnification Procedure. Your indemnification obligations under this
Agreement will be contingent upon: (a) Branch promptly giving you written notice
of any claim for which indemnification is sought (provided that the Branch’s
failure to notify you will not diminish your obligations under this section,
except to the extent that you are materially prejudiced as a result of such
failure), (b) you having sole control of the defense and settlement of any and
all claims for which indemnification is sought (provided that no settlement may
be entered into without either (i) Branch’s consent where a settlement requires
any action on the part of Branch or (ii) the securing of an unconditional
release of Branch for all liability), and (c) Branch giving you reasonably
requested assistance at your expense. Branch may, at its own expense, and
without limiting the obligations of the indemnifying party, maintain its own
counsel and participate in the defense with counsel of its own choosing at any
time.
18. MISCELLANEOUS
18.1 Governing Law. The Agreement and all matters arising out of or relating to
the Agreement shall be governed by and construed under the laws of the State of
California, without regard to its conflict of law provisions. The parties
expressly disclaim and exclude the application of the United Nations Convention
on Contracts for the International Sale of Goods.


18.2 Dispute Resolution. In the event of any dispute, claim, or controversy in
connection with this Agreement (other than for disputes, claims, or
controversies related to the intellectual property of a party) (collectively,
"Disputes"), each Party's senior representatives will, in good faith, attempt to
resolve a Dispute. If the Parties are unable to resolve a Dispute within thirty
(30) days or within such other time period as the Parties may agree in writing,
then the Parties may commence binding arbitration under JAMS' Comprehensive
Arbitration Rules and Procedures. The Parties will share equally the fees and
expenses of the JAMS arbitrator. The arbitration will be conducted by a sole
arbitrator mutually agreed to between the Parties or, failing that, by JAMS
under its then prevailing rules. Judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. The arbitrator
will have the authority to grant specific performance or any other equitable or
legal remedy, including provisional remedies. Each Party will be responsible for
its own incurred expenses arising out of any dispute resolution procedure. Any
arbitration proceedings will take place in the English language in (a) San
Francisco, California, if you are domiciled in any country outside of the (i)
European Economic Area or its regions or territories, the United Kingdom,
Switzerland, Andorra, Vatican City, and Monaco and (ii) Asia-Pacific region; (b)
London, England, if you are domiciled in any country within the European
Economic Area or its regions or territories, the United Kingdom, Switzerland,
Andorra, Vatican City, or Monaco; or (c) Singapore, if you are domiciled in any
country within the Asia-Pacific region.


18.3 No Waiver; Severability. Branch’s failure to enforce any right or provision
in the Agreement will not constitute a waiver of such right or provision unless
acknowledged and agreed to by Branch in writing. If any provision of the
Agreement is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that the Agreement will
otherwise remain in full force and effect and enforceable.


18.4 Assignment. Under the terms of the Reseller Agreement, your agreement with
the Reseller with respect to your subscription to the Services may be assigned
to Branch. you agree that if your agreement with Reseller is assigned to Branch,
your continued rights to access and use the Services shall be subject to Branch
then standard Terms & Conditions governing the Services available at
https://legal.branch.io/#branchio-ts-cs (or its successor URL) and you consent
to the application of such terms and conditions, including without limitation,
the billing and payment provisions contained therein. You agree that following
any such assignment, you shall, upon request by Branch, provide such information
as is required to secure payment for any subscription term commencing after such
assignment. You may not, directly or indirectly, by operation of law or
otherwise, assign all or any part of this Agreement or your rights under this
Agreement or delegate performance of your duties under this Agreement without
Branch prior written consent, which consent will not be unreasonably withheld.
Branch may transfer and assign any of its rights and obligations under the
Agreement freely and without consent. If requested by Branch, You must execute a
document to give effect to Branch’s assignment. Subject to the foregoing
restrictions, this Agreement will be fully binding upon, inure to the benefit of
and be enforceable by the Parties and their respective successors and assigns.


18.5 Entire Agreement. Both you and Branch agree that the Agreement is the
complete and exclusive statement of the mutual understanding of the Parties and
supersedes all previous written and oral agreements, communications and other
understandings relating to your use of the Services, and that all waivers and
modifications must be in a signed writing by both Parties, except as otherwise
provided herein. Preprinted terms in your purchase orders or other
customer-generated ordering documents, or terms referenced or linked within
them, will have no effect on the Agreement and are hereby rejected, regardless
of whether they are signed, clicked through, or otherwise agreed to by Branch
and/or purport to take precedence over the Agreement. In the event of any
conflict or inconsistency among the following documents, the order of precedence
shall be: (1) any applicable Order Form(s) incorporating these Terms; (2) any
exhibit, schedule or addendum expressly incorporated into to these Terms, (2)
the body of these Terms, and (3) the Documentation.


18.6 Relationship between the Parties. The Parties are independent contractors.
No agency, partnership, joint venture, fiduciary or employment relationship is
created as a result of the Agreement, and you do not have any authority of any
kind to bind Branch in any respect whatsoever.


18.7 International Trade and Anti-Corruption and Laws. Each party (a) warrants
that it will comply with all applicable anti-corruption, anti-money laundering,
economic and trade sanctions, export controls, and other international trade
laws, regulations, and governmental orders (collectively, “Anti-Corruption and
Trade Laws”) in the jurisdictions that apply directly or indirectly to the
Services, including, without limitation, the United States, and (b) represents
that it has not made, offered, promised to make, or authorized any payment or
anything of value in violation of Anti-Corruption and Trade Laws. You will
promptly notify Branch in writing of any actual or potential violation of
Anti-Corruption and Trade Laws in connection with the use of the Services and
take all appropriate steps to remedy or resolve such violations, including any
steps requested by Branch. If applicable, you represent that you have obtained,
and warrant that you will continue to obtain, all licenses or other
authorizations required to export, re-export, or transfer the Services.


18.8 Sanctions Lists. The Services and any derivatives thereof, may be subject
to export control and economic sanctions laws and regulations of the United
States and other jurisdictions. Both you and Branch each represent that (and in
your case, also your end users of your Digital Properties) it is not named on
any government prohibited, denied, or unverified-party, sanctions, debarment, or
exclusion list or export-controlled related restricted party list (collectively,
“Sanctions Lists”). Customer shall not permit any entity or individual to access
or use any of the Services who is listed on the Consolidated Screening List or
located in a U.S. government-embargoed country (currently Cuba, Iran, North
Korea, Syria and Crimea), or known to be engaged in proliferation of nuclear,
chemical or biological weapons or missiles, or otherwise in violation of any
U.S. export law or regulation. You will immediately (i) discontinue your use of
the Services if you become placed on any Sanctions List and (ii) remove your End
Users’ access to the Services if your end users become placed on any Sanctions
List. You represent that you have not, and warrant that you will not, export,
re-export, or transfer the Services to an entity on any Sanctions List without
prior authorization from the applicable governmental authority. Notwithstanding
anything to the contrary in this Agreement, either Party may terminate this
Agreement immediately upon written notice to the other party if the other party
is in breach of its obligations hereunder with respect to Anti-Corruption and
Trade Laws or Sanction Lists. If your account is blocked because it is operating
in a country or region prohibited by Anti-Corruption and Trade Laws, you will
receive notice of your account being inoperable when you attempt to log into
your account in such prohibited country or region.


18.9 Third Party Beneficiary. Except where expressly provided herein, no
provision of the Agreement is intended, nor shall it be interpreted, to provide
or create any third-party beneficiary rights or any other rights of any kind in
any customer, affiliate, stockholder, partner, member, director, officer, or
employee of any Party hereto or any other person or entity.


18.10 Marketing Support. You agree to comply with reasonable requests of Branch
to support public relations efforts pertaining to the Services, which efforts
may include: (a) a press release highlighting your company’s use of the
Services, (b) participation in targeted press and analyst interviews
highlighting benefits of implementing the Services, and (c) participation in
customer case studies developed by Branch and used on Branch’s website(s) and
other collateral. You grant to Branch a non-exclusive, non-transferable, limited
right to use your name, trademarks, and logos (collectively, the "Customer
Marks") (i) for the purpose of referencing You as a customer of Branch on the
Branch website(s) and (ii) in the production of marketing materials, provided
that such use is in accordance with any trademark and logo use guidelines that
you provide to Branch. All goodwill developed from such use shall be solely for
your benefit.


18.11 Force Majeure. Neither Party will be responsible for any delay or failure
in performance of any part of this Agreement to the extent that such delay or
failure is caused by an event or circumstance beyond the reasonable control of
the Party whose performance is affected and could not have been prevented or
corrected through the exercise of reasonable diligence, including , for example,
an act of God, act of government, flood, fire, earthquake, civil unrest, act of
terror, strike or other labor problem (other than one involving Branch
employees), Internet service provider failure or delay, integrated third party
applications, or denial of service attack (each such event, a “Force Majeure
Event”). The Party alleging a Force Majeure Event (the “Affected Party”) will
promptly notify the other Party in writing of the Force Majeure Event, providing
reasonable detail of the circumstances giving rise to the Force Majeure Event,
and the steps it is taking to remedy the delay or failure. Notwithstanding the
foregoing, financial incapability will not be considered as a Force Majeure
Event.


18.12 Notices. Except as otherwise specified in the Agreement, all notices of
termination or an indemnifiable claim related to the Agreement (“Legal Notices”)
will be provided via email and will be effective upon receipt by e-mail as set
forth below. If to Branch, all notices shall be provided to legal@branch.io
("Branch Notices"). Billing-related notices to Customer will be provided via
email and addressed to the relevant billing contact designated by Customer on
the applicable Order Form or the relevant Services account administrator
designated by Customer. All Legal Notices and other notices to Customer will be
provided via email and addressed to the relevant Services account administrator
designated by Customer.


18.13 Modifications. We may make changes to these Terms from time to time. When
we do, we will revise the "Last updated" date given above. It is your
responsibility to review these Terms frequently and to remain informed of any
changes to them. The then-current version of these Terms will supersede all
earlier versions. You agree that your continued use of Branch’s Services after
such changes have been published to Branch’s Services will constitute your
acceptance of such revised Terms.
19. CONTACTING US
If you have any questions or concerns about Branch’s Services or these Terms,
you may contact us by email at info@branch.io.





SAAS BRANCH APP DPA

Version Version 1.1  (Current) Version 1.0

EFFECTIVE JUNE 16, 2023

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EFFECTIVE DECEMBER 16, 2022  TO  JUNE 16, 2023

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SERVICE LEVEL ADDENDUM

Version Version 1.0  (Current)

EFFECTIVE MARCH 24, 2023

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SERVICE LEVEL ADDENDUM
Last Updated: March 21, 2023


Customer Support
This Service Level Addendum (“Addendum”) is made by and between Branch Metrics,
Inc. (“Branch”) and Customer (each a “Party”, collectively the “Parties”) as an
integral part of the Master Services Agreement or other written agreement
(“Agreement”) between Branch and Customer for the provisions of deep linking and
attribution analytics services (“Services”). “Customer” means the entity that
executed the Agreement.
These terms govern Branch’s provision of service level support to Customer. All
other relevant terms are set forth in the Agreement. In the event there is a
conflict or inconsistency between the terms of the Agreement and this Addendum,
the terms of this Addendum shall supersede and control over conflicting or
inconsistent Agreement language.

Exclusions
This Addendum does not apply to any: (a) features designated beta services
(unless otherwise stated in the associated Branch documentation available at
https://help.branch.io/developers-hub (or its successor URL), (b) responding to
problems caused by third party software, (c) configuration changes for third
party software, (d) support for issues related to the operation of the Services
on local personal computers and related printing issues or problems with the
browser and loading the required add-on programs, (e) firewall support, (f)
responding to problems caused by hardware, (g) on-site support, (h) Maintenance
(as defined below), (i) errors: (i) caused by factors outside of Branch’s
reasonable control, (ii) that resulted from Customer's equipment, software or
hardware or third party software or hardware, or both; (iii) that resulted from
abuses or other behaviors that violate the Agreement, (iv) from Customer’s
employees, agents, contractors, or vendors, or anyone gaining access to Branch’s
Services by means of Customer’s passwords or equipment, or otherwise resulting
from Customer’s failure to follow appropriate security practices; or (v) that
result from Customer’s failure to adhere to the Agreement (including Branch’s
Documentation).

Support Channels
The service levels set forth in this Addendum are only available for support
requests submitted according to the requirements set forth in this Addendum.
In order to provide support to Customer, all technical support requests must
expressly identify the applicable customer account and be submitted to Branch
via email at support@branch.io or the “Submit a Ticket” function at
http://help.branch.io/ (herein referred to as “Support Team”).


Availability
Branch customer support is available based on the level of support purchased by
Customer via the Order Form. All Branch customers are entitled to Standard
Support. Additional support may be purchased in the form of Enhanced Support or
Premium Support. The purchase of either Enhanced Support or Premium Support
under an applicable Order Form supersedes the provision of Standard Support.


Standard Support
Support is available to Customer between 09:00 to 17:00, local time for
Customer, not including Saturday, Sunday, or Branch company holidays.
Customers who have executed an Order Form with Branch but have not purchased
Enhanced Support or Premium Support in such Order Form will receive Standard
Support as described in the Issue Response Time table provided below.


Enhanced Support
If Customer has purchased Enhanced Support as indicated on the applicable Order
Form, the Support will be available to Customer during weekdays from 00:00
Monday to 24:00 Friday, local time for Customer, not including Saturday, Sunday,
or Branch company holidays.


Premium Support
If Customer has purchased Premium Support as indicated on the applicable Order
Form, the Support Team will be available to Customer twenty-four (24) hours a
day, seven (7) days a week.
Customer may request a live troubleshooting session for technical support
requests submitted per the requirements above. Such requests must be submitted
electronically in writing to http://help.branch.io/ (or its successor URL) at
least one (1) Business Day in advance. The Support Team will not be available
for live troubleshooting sessions during weekends and Branch company holidays.
Customer is entitled to a maximum of ten (10) hours of live troubleshooting
calls per calendar year, with a maximum of thirty (30) minutes allocated by
Branch for each call. “Business Day” means between 09:00 to 17:00, local time
for Customer, not including Saturday, Sunday, or Branch company holidays.


Service Level Agreement (SLA)
The following table will be used by Branch to prioritize Customer technical
support requests and to give Customer a target first response time. Assignment
of Severity Level is at Branch’s sole discretion. Branch’s first response time
and frequency of updates to Customer will be made on a case-by-case basis.


Severity Levels and First Response Time by Support Tier
Severity Level
Definition
Standard Support
Enhanced Support
Premium Support
Sev 0 - Outage
A service outage of Branch systems that would impact link redirection or
attribution.
2 Hours
1 Hour
1 Hour
Sev 1 - High
The Services are completely unavailable for use by Customer, and no procedural
workaround exists, thereby causing a severe impact to Customer’s business
operations.
1 Business Day
4 hours
2 hours
Sev 2 - Medium
Customer experiences a severe defect or configuration issue with the use of the
Services and no procedural workaround exists, thereby causing a high impact to
Customer’s business operations (excluding Service failures that qualify as
Severity Level High).
2 Business Days
8 hours
4 hours
Sev 3 - Low
Customer experiences an issue where Customer’s use of the Services are partially
reduced, thereby causing a low-to-medium impact to Customer’s business
operations. A procedural workaround exists (excluding Service issues that
qualify as Severity Level High or Medium).
5 Business Days
1 Business Day
8 hours










SUPPLIER CODE OF CONDUCT

Version Version 1.0  (Current)

EFFECTIVE FEBRUARY 15, 2023

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Supplier Code of Conduct


Introduction
This Supplier Code of Conduct (“Supplier Code”) has been established to
summarize Branch's core values and expected standards of conduct for its
vendors, contractors, consulting firms, staffing agencies, agency temps,
partners, licensees and other intermediaries and their respective employees and
affiliates (collectively, “Suppliers” or “you”) to comply with when working with
Branch. All Suppliers shall promote a safe, diverse, lawful and respectful work
environment. We believe that this Supplier Code will reinforce those qualities
and attributes that have made both Branch and you successful.
Suppliers are expected to review, understand and comply with the policies set
forth in this Supplier Code. The Supplier Code should be viewed as the minimum
standards that we expect and is not intended in any way to lessen your
contractual obligations with Branch. Failure to comply with this Supplier Code
may result in Branch’s review of its engagement with a Supplier and may result
in termination of Supplier’s relationship with Branch.
This Supplier Code and all policies contained herein will be administered in
accordance with applicable law and may be updated from time to time. If you have
questions about this Supplier Code, you can contact Branch at legal@branch.io.


Compliance with Rules, Laws, and Regulations
Suppliers are expected to comply with all applicable rules, laws, and
regulations at all times while working with Branch. You have a responsibility to
be knowledgeable about specific laws and regulations that apply to your area of
business. If a law conflicts with this Supplier Code, you must comply with the
law.



Diversity and Non-Discrimination
Diversity is at the forefront of Branch’s mission and culture. We are and remain
committed to being a globally diverse, ethical, moral and inclusive company that
is tolerant of all individuals from all different backgrounds because we believe
the best ideas come from a diverse way of looking at technology and the world.

Accordingly, Suppliers shall provide an environment free from unlawful
discrimination on the basis of personal characteristics, such as age, race,
religion, national origin, caste, ancestry, disability, medical condition,
marital status, sex, pregnancy, gender identity, sexual orientation, or any
other basis protected by applicable law. Additionally, we expect all Suppliers
to promote working environments where all individuals are entitled to equal
opportunities and fair treatment.



Anti-Harassment
Each Supplier shall ensure its workplace is free of harassment. Harassment means
any verbal, physical, and visual conduct that creates an intimidating,
offensive, or hostile working environment or that interferes with an
individual’s work performance. Harassing conduct can take many forms and may
include, but is not limited to, the following: slurs, jokes, statements,
gestures, assault, impeding or blocking another’s movement or otherwise
physically interfering with normal work, or sharing inappropriate materials.


Non-Retaliation
No Supplier will retaliate against an individual for filing a good faith
complaint of unlawful discrimination or harassment or for participating in any
good faith investigation of alleged discrimination or harassment.



CONFLICTS OF INTEREST

Branch expects all Suppliers to avoid conflicts of interest and to operate with
the highest level of ethics and integrity. A potential conflict of interest, or
the appearance of one, occurs when your outside interests (for example,
financial or personal interests) interfere with or influence, or even just
appear to interfere with or influence, yours or Branch’s business interests or
your work-related duties.
Suppliers may give and accept common courtesy items that are of modest cost,
provided for legitimate business purposes and are understood as customary in
Supplier’s industry. However, Suppliers must refrain from giving or accepting
any gifts or other items with an intent to influence Branch, its customers,
prospects, agents, employees or representatives or to obtain an improper
business advantage, or in exchange for favors or benefits.



ANTI-CORRUPTION AND ANTI-BRIBERY


Branch Supplier's are strictly prohibited from partaking in any and all forms of
corruption and bribery, including, but not limited to, payment or receipt of
bribes or kickbacks to or from foreign or domestic government employees or
officials, representatives of commercial enterprises or any other persons,
whether made directly or through others such as agents, consultants or other
associated parties. Suppliers will take all necessary steps to ensure that
corruption and bribery do not occur in its business activities, wherever those
business activities may take place. Violations of this nature may result in the
termination of Supplier's partnership with Branch and may also lead to civil and
criminal penalties.
Suppliers will also ensure their compliance with all applicable anti-corruption
laws such as the Foreign Corrupt Practices Act, the UK Bribery Act 2010 and
other applicable laws that prohibit unlawful activities to procure a business
advantage.


Antitrust

Suppliers shall refrain from engaging in any and all acts which are or may be
considered counter to antitrust and fair competition legislation and
regulations. Additionally, Branch expects its Suppliers to promote a free, open
and competitive marketplace by avoiding all forms of anti-competitive acts or
collusion. Suppliers’ responsibilities under this section shall apply wherever a
Supplier conducts business.


Confidential Information, Data Privacy and Intellectual Property

Our customers, partners and employees entrust us to safeguard their confidential
information with the utmost security. As follows, Branch expects all of its
Suppliers to protect confidential information and trade secrets regarding Branch
and its business practices. Branch confidential information should only be used
in accordance with existing confidentiality obligations for authorized purposes,
disclosed on a need-to-know basis, and subject to separate written
confidentiality obligations. Similarly, intellectual property including, but not
limited to trade secrets, patents, copyrights, trademarks, logos, and other
inventions, belonging to Branch, shall be handled with the appropriate level of
care and preserved to the extent legally permissible. We encourage all Suppliers
to regularly review their confidentiality practices.

In the event Supplier controls or processes personal information and/or personal
data as defined under applicable data protection laws, Suppliers must ensure
that their control and processing of such information and data is in accordance
with applicable data protection laws, rules, statutes, and regulations.
Suppliers are expected to maintain a privacy policy describing its privacy
practices and handling of personal information.


Healthy Workplace and Labor Practices

Branch Suppliers must provide all employees with safe and healthy workplace
conditions that comply with all applicable laws.

Suppliers will also refrain from engaging or attempting to engage in any and all
forms of child labor, modern slavery, and human trafficking in violation of all
applicable laws.



Environmental Protection

Branch Suppliers shall conduct their business and operations in such a manner
that is respectful, responsible and protective of the environment. At a minimum,
Suppliers shall comply with all applicable environmental laws, regulations and
standards. Whenever possible, Branch encourages its Suppliers to continually
review their internal operations in order to reduce waste, promote clean air
initiatives, and conserve resources.


International Trade and Export Controls

Branch expects Suppliers to comply with all applicable import, export, customs,
sanctions, embargoes, boycott and other trade compliance laws and regulations
during the entirety of Branch and Supplier’s engagement.



Accurate and Complete Books and Records

All Suppliers must maintain accurate records of all transactions and ensure that
the Supplier’s books and records accurately and fairly reflect, with appropriate
detail, all transactions, expenses, or other dispositions of assets with regard
to its business with Branch. No Supplier employee or other worker shall falsify
or otherwise mislead Branch with regard to any records or books Supplier
maintains.


Reporting Breaches of this Policy
Compliance with this Supplier Code is, first and foremost, the personal
responsibility of Suppliers, including every individual employed by Supplier.
All personnel are encouraged to report, in person or in writing, any known or
suspected violations of this Supplier Code to Branch at legal@branch.io. Any
questions or violation reports will be addressed promptly.
Branch will not tolerate any retaliation by Supplier against any individual who
acts in good faith in reporting any violation of this Supplier Code. Supplier
will investigate reported violations and will determine an appropriate response,
including corrective action and preventive measures, and will include Branch in
this process at its request.



***






TECHNICAL AUDIT SERVICES SOW

Version Version 2.0  (Current) Version 1.0

EFFECTIVE JUNE 7, 2023

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Technical Audit Services
Statement of Work


This Technical Audit Services Statement of Work (“SOW”) describes the Technical
Audit Services (herein referred to as “Audit Services” or “Professional
Services”) to be performed by Branch Metrics, Inc. (“Branch”) for the customer
purchasing the Audit Services, as set forth in the Order Form (“Customer”) (each
a “Party”, collectively the “Parties”) to the extent Customer has purchased
Audit Services, and is effective as of the date of Customer’s Order Form. By
executing an Order Form that references this SOW, Customer agrees to the terms
of this SOW and the Professional Services Terms & Conditions available at
https://legal.branch.io/#professional-services (the “PS Terms”). Any capitalized
terms not otherwise defined herein shall have the meaning set forth in the PS
Terms. In the event of any conflict or inconsistency between this SOW and an
Order Form referencing this SOW, the SOW shall control.
 1. SCOPE OF AUDIT SERVICES

Branch PS will provide Customer with resources to assist Customer, as set forth
below (the “Project”), subject to Customer’s payment of all applicable fees as
set forth in the applicable Order Form. Branch PS and Customer (collectively,
the “Project Team”) will commit reasonable resources to work on the Project in
accordance with the terms herein. The term of this SOW, the payment terms, and
the fees for the Audit Services provided hereunder are set forth in the Order
Form.


Service
Description
Discovery
 * Conduct remote discovery sessions to assist with identifying Customer's
   integration settings of Branch and review documentation of their
   configuration
 * Gather information on Customer’s use cases and priorities
 * Meet with Customer’s key stakeholders and personnel to gather information
   about the Customer's current system and integration of Branch

Engagement Management
 * Support Customers in tracking requests and action items
 * Conduct regular cadence check-ins to review status of the Audit Services and
   any issues or problems identified during the engagement
 * Provide guidance and assistance in identifying key use cases and their
   expected benefits
 * Actively monitor for and escalate risks and issues as they pertain to the
   Audit Services

Integration Assessment
 * Review Customer’s configuration of its Branch dashboard
 * Review Customer’s integration of Branch’s iOS and Android SDKs and associated
   use cases
 * Review Customer’s integration of their Branch provisioned products and
   associated use cases
 * Review analytics tag usage for data hygiene

Summary Findings; Recommendations
 * Present audit findings to the Customer
 * Provide assessment of Customer’s Branch integration and outline
   recommendations on how to leverage Branch’s Services and their provisioned
   products and use cases


 2. PROJECT ROLES & RESPONSIBILITIES

The following table sets forth a list of Project roles (not individuals)
required to complete the Project. A single individual may take responsibility
for any number of roles, or a single role may require more than one individual.
Customer acknowledges its participation is critical for Project success.


Role
Responsibility
Frequency
Estimated Hours
Sponsor
Responsible for providing Customer resources needed for successful Project
Completion, and promote process change where necessary
Monthly
5 Hours per Month
Project Manager
Responsible for the oversight of Customer resources, schedules and
responsibilities including:
 * Attending all key Project meetings
 * Being a point of contact for day-to-day operations
 * Securing participation (as required) of key business process owners
 * Participating in Project meetings

Weekly
2 Hours per Week
Functional Consultant(s) / Business Process Owner(s)
Responsible for review and acceptance of Branch integration, and identification
of exceptions/risks
 * Attends Project meetings related to area of ownership
 * Assists in the definition of unique processes outside of standard Branch
   practices
 * Participates in user acceptance testing activities

Weekly
2 Hours per Week
Extended Team
Additional Customer resources as needed to support the scope of the Project
Weekly
2 Hours per Week



III. ASSUMPTIONS
Unless otherwise noted in this SOW or agreed to in writing by the Parties, the
following assumptions are based on information provided by the Customer relating
to the Project and have been used to estimate Branch PS’s required time, level
of effort, and fees. Deviations from these assumptions may lead to commensurate
changes in the timeline and fees and will be handled through a formal Change
Order.


The Audit Services will be provided for the Branch App ID(s) specified in the
Order Form. Upon the Effective Date, Customer shall make available to Branch the
resources necessary to support completion of the Project described in this SOW.
Customer will assign a single Project Owner prior to commence the Project who
will oversee and help coordinate across all Customer-side resources and tasks in
collaboration with Branch PS throughout the Project. It is Customer’s
responsibility to assess summary findings and recommendations provided by Branch
PS under this SOW and execute any desired changes to Customer’s configuration of
Branch’s Services to effectuate Branch’s recommendations. Customer will grant
administrative access to its Branch dashboard, as well as an appropriate level
of access to other platforms for required support for the Project.

EFFECTIVE APRIL 13, 2023  TO  JUNE 7, 2023

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Technical Audit Services
Statement of Work


This Technical Audit Services Statement of Work (“SOW”) describes the Technical
Audit Services (herein referred to as “Audit Services” or “Professional
Services”) to be performed by Branch Metrics, Inc. (“Branch”) for the customer
purchasing the Audit Services, as set forth in the Order Form (“Customer”) (each
a “Party”, collectively the “Parties”) to the extent Customer has purchased
Audit Services, and is effective as of the date of Customer’s Order Form. By
executing an Order Form that references this SOW, Customer agrees to the terms
of this SOW and the Professional Services Terms & Conditions available at
https://legal.branch.io/#professional-services (the “PS Terms”). Any capitalized
terms not otherwise defined herein shall have the meaning set forth in the PS
Terms.

 1. SCOPE OF AUDIT SERVICES
    

Branch PS will provide Customer with resources to assist Customer, as set forth
below (the “Project”), subject to Customer’s payment of all applicable fees as
set forth in the applicable Order Form. Branch PS and Customer (collectively,
the “Project Team”) will commit resources to work on the Project in accordance
with the terms herein. The term of this SOW, the payment terms, and the fees for
the Audit Services provided hereunder are set forth in the Order Form.


Audit Service
Description
Discovery
 * Conduct remote discovery sessions to assist with identifying Customer's
   integration settings of Branch and review documentation of their
   configuration
 * Gather information on Customer’s use cases and priorities
 * Meet with Customer’s key stakeholders and personnel to gather information
   about the Customer's current system and integration of Branch

Engagement Management
 * Support Customers in tracking requests and action items
 * Conduct regular cadence check-ins to review status of the Audit Services and
   any issues or problems identified during the engagement
 * Provide guidance and assistance in identifying key use cases and their
   expected benefits
 * Actively monitor for and escalate risks and issues as they pertain to the
   Audit Services

Integration Assessment
 * Review Customer’s configuration of its Branch dashboard
 * Review Customer’s integration of Branch’s iOS and Android SDKs and associated
   use cases
 * Review Customer’s integration of their Branch provisioned products and
   associated use cases
 * Review analytics tag usage for data hygiene

Summary Findings; Recommendations
 * Present audit findings to the Customer
 * Provide assessment of Customer’s Branch integration and outline
   recommendations on how to leverage Branch’s Services and their provisioned
   products and use cases


 2. PROJECT ROLES AND RESPONSIBILITIES
    

The following table sets forth a list of Project roles (not individuals)
required to complete the Project. A single individual may take responsibility
for any number of roles, or a single role may require more than one individual.
Customer acknowledges its participation is critical for Project success.

Role
Branch PS
Customer
Sponsor
Responsible for allocating Branch PS resources
 * Serve as escalation contact for issues not resolvable by Branch Project
   Manager
 * Advises the Branch PS team
 * Manages Project resources

Responsible for providing Customer resources needed for successful service
delivery, and promote process change where necessary
Project Manager
Responsible for oversight of Branch PS resources, schedules. Supporting
responsibilities include:
 * Attending all key Project meetings
 * Being a point of contact for day-to-day operations
 * Providing guidance and assistance for management of Project issues
 * Leading Project meetings

Responsible for the oversight of Customer resources, schedules and
responsibilities including:
 * Attending all key Project meetings
 * Being a point of contact for day-to-day operations
 * Securing participation (as required) of key business process owners
 * Participating in Project meetings

Administrator
N/A
Responsible for ongoing Branch administration, once services are delivered
 * Manage user acceptance tasks, including QA testing, training and adoption
 * Manage organization’s ongoing Branch use

Functional Consultant(s) / Business Process Owner(s)
N/A
Responsible for review and acceptance of Branch integration, and identification
of exceptions/risks
 * Attend Project meetings related to area of ownership
 * Assist in the definition of unique processes outside of standard Branch
   practices
 * Participate in user acceptance testing activities

Extended Team
As needed Branch PS resources (including Solution Architects, Subject Matter
Experts, Technical and/or Education resources) to support the scope of the
Project
Additional Customer resources as needed to support the scope of the Project




III. ASSUMPTIONS
The Audit Services will be provided for the Branch App ID(s) specified in the
Order Form. Upon the Effective Date, Customer shall make available to Branch the
resources necessary to support completion of the Project described in this SOW.
Customer will assign a single Project Owner prior to commence the Project who
will oversee and help coordinate across all Customer-side resources and tasks in
collaboration with Branch PS throughout the Project. It is Customer’s
responsibility to assess summary findings and recommendations provided by Branch
PS under this SOW and execute any desired changes to Customer’s configuration of
Branch’s Services to effectuate Branch’s recommendations. Customer will grant
administrative access to its Branch dashboard, as well as an appropriate level
of access to other platforms for required support for the Project.





THIRD PARTY LIST

Version Version 3.0  (Current) Version 2.0 Version 1.0

EFFECTIVE JANUARY 1, 2023

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BRANCH’S SUBPROCESSORS

The list below identifies vendors who process personal data on Branch's behalf
where Branch is providing services to customers as their processor, service
provider, or equivalent under applicable privacy law(s). Branch will update the
vendors listed on this page as appropriate, and will further provide any
contractually-required additional notifications to customers.
Vendor Name
Purpose
Amazon Web Services (AWS)
Branch is hosted on AWS cloud servers
Zendesk
Branch data subject request portal
Atlassian
Internal tool used to process data subject requests

EFFECTIVE DECEMBER 22, 2022  TO  JANUARY 1, 2023

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BRANCH’S SUBPROCESSORS

The list below identifies vendors who process personal data on Branch's behalf
where Branch is providing services to customers as their processor, service
provider, or equivalent under applicable privacy law(s). Branch will update the
vendors listed on this page as appropriate, and will further provide any
contractually-required additional notifications to customers.
Vendor Name
Purpose
Amazon Web Services (AWS)
Branch is hosted on AWS cloud servers
Zendesk
Branch data subject request portal
Atlassian
Internal tool used to process data subject requests

EFFECTIVE DECEMBER 6, 2022  TO  DECEMBER 22, 2022

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TABLE OF CONTENTS

--------------------------------------------------------------------------------





BRANCH’S SUBPROCESSORS

The list below identifies vendors who process personal data on Branch's behalf
where Branch is providing services to customers as their processor, service
provider, or equivalent under applicable privacy law(s). Branch will update the
vendors listed on this page as appropriate, and will further provide any
contractually-required additional notifications to customers.
Vendor Name
Purpose
Amazon Web Services (AWS)
Branch is hosted on AWS cloud servers
Twilio
Only for the Text-Me-the-App feature
Zendesk
Branch data subject request portal
Atlassian
Internal tool used to process data subject requests

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