Welcome to Track Revenue, a powerful cloud-based media buying software-as-a-service that’s simple, smart, and secure, and gives marketers and advertisers real-time visibility and control of a business’ advertising campaigns.
These Terms are binding on any use of the Service and apply to You from the time that Track Revenue provides You with access to the Service.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
- Access Fee: means the monthly fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out by the service plan selected (which Track Revenue may change from time to time on notice to You).
- Confidential Information: includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
- Data: means any data inputted by You or Your Invited Users into the Website.
- Intellectual Property Right: means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
- Service: means the online marketing and advertisement campaign management services made available (as may be changed or updated from time to time by Track Revenue) via the Website.
- Website: means the Internet site at the domain www.trackrevenue.com or any other site operated by Track Revenue.
- Track Revenue: means Track Revenue, Inc., a California corporation.
- Invited User: means any person or entity, other than the Subscriber, that uses the Service with the authorization of the Subscriber from time to time.
- Subscriber: means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
- You: means the Subscriber, and where the context permits, an Invited User. "Your" has a corresponding meaning.
- Account: means the admin account, including all Invited User accounts, which contain Data used by You and Your Invited Users on the Website.
Use of Software
Track Revenue grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:
- the Subscriber determines who is an Invited User and what level of user role access to the relevant Account and Service that Invited User has;
- the Subscriber is responsible for all Invited Users’ use of the Service;
- the Subscriber controls each Invited User’s level of access to the relevant Account and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
- if there is any dispute between a Subscriber and an Invited User regarding access to any Account or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
- An invoice for the Access Fee will be issued each month starting one month from the date You added Your credit card to Your Track Revenue account. All invoices will include the Access Fee for the preceding period one month of use. Track Revenue will continue invoicing You monthly until this Agreement is terminated.
- All invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. You must pay or arrange payment of all amounts specified in any invoice by the due date for payment and are payable within 10 days of the invoice date. You are responsible for payment of all taxes and duties in addition to the Access Fee.
Preferential pricing or discounts:
- You may from time to time to any other rights that Track Revenue may have under these Terms or at law, Track Revenue reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Service in respect of any or all of Your Accounts in the event that any invoices for those Access Fees are not paid in full by the due date for payment.
- You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Track Revenue or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
- As a condition of these Terms, when accessing and using the Services, You must:
- not attempt to undermine the security or integrity of Track Revenue's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
- not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
- not attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
- not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
- not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
- As a condition of these Terms, if personal data in the sense of the EU Regulation 2016/679 (“GDPR”) is concerned, You must:
- comply with the GDPR requirements regarding consent; more specifically
- You must have obtained consent* from the data subjects for processing their Data into the Website.
* For the avoidance of doubt; consent means any freely given, specific, informed and unambiguous indication of the data subjects wishes, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
- Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes You are permitted to make against Track Revenue’s application programming interface. Any such limitations will be advised.
- Based on Your subscription plan, there may be limitations to the click volume allowed per month. Over-usage of the allotted monthly click volume may result in overage fees to be charged to Subscriber. You agree to pay such overage fees. If Subscriber should incur overage fees, the Subscriber may, at the complete discretion of Track Revenue, be offered to upgrade the subscription plan with a higher allowed click volume to cover the click volume overage.
- Use of the Service and importing any Data into your Account is entirely at your own risk for which Track Revenue shall not be liable or responsible in any shape or manner including the loss and/ or destruction of such Data.
- As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message center), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
- When You make any communication on the Website, You represent that You are permitted to make such communication. Track Revenue is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Track Revenue does reserve the right to remove any communication at any time in its sole discretion.
You indemnify Track Revenue against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Track Revenue, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.
Confidentiality and Privacy
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
Each party's obligations under this clause will survive termination of these Terms.
These clauses shall not apply to any information which:
- is or becomes public knowledge other than by a breach of this clause;
- is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
- is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
- is independently developed without access to the Confidential Information.
Warranties and Acknowledgements
- You are responsible for ensuring that You have the right to do so;
- You are responsible for authorizing any person who is given access to information or Data, and you agree that Track Revenue has no obligation to provide any person access to such information or Data without Your authorization and may refer any requests for information to You to address; and
- You will indemnify Track Revenue against any claims or loss relating to:
- Track Revenue's refusal to provide any person access to Your information or Data in accordance with these Terms,
- Track Revenue’s making available information or Data to any person with Your authorization.
Track Revenue does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Track Revenue is not in any way responsible for any such interference or prevention of Your access or use of the Services.
It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
If You suffer loss or damage as a result of Track Revenue's negligence or failure to comply with these Terms, excluding in any event liability for Data entered into by You, any claim by You against Track Revenue arising from Track Revenue's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.
If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms by terminating your account.
When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from the day You first added Your billing details into the Services. If You choose not to continue using the Services, You may delete Your account.
Track Revenue will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.
These Terms will continue for the period covered by the Access Fee paid or payable. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.
- breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
- breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) or any payment of Access Fees that are more than 30 days overdue); or
- You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction.
Track Revenue may take any or all of the following actions, at its sole discretion:
- Terminate this Agreement and Your use of the Services and the Website;
- Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
- Suspend or terminate access to all or any Data.
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
- remain liable for any accrued charges and amounts which become due for payment before or after termination; and
- immediately cease to use the Services and the Website.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
You may not assign or transfer any rights to any other person without Track Revenue's prior written consent.
Governing law and jurisdiction:
You accept these terms that the State of California law govern this Agreement and You submit to the exclusive jurisdiction of the state courts of San Francisco County, California or federal court for the Northern District of California for all disputes arising out of or in connection with this Agreement.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Track Revenue must be sent to firstname.lastname@example.org or to any other email address notified by email to You by Track Revenue. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
Rights of Third Parties:
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
Track Revenue collects Your personal information
Track Revenue is a provider of powerful media buying software that’s simple, smart, and secure and gives marketers and advertisers real-time visibility and control of a business’ advertising campaigns.
The Service involves the storage of Data about a company or individual. That Data can include personal information. “Personal information” is information about an identifiable individual, and may include information such as the individual’s name, email address, and telephone number.
Track Revenue may collect personal information directly from You when You:
- register to use the Service,
- use the Service,
- post to the Track Revenue Community forum or on our blog,
- contact the Track Revenue support team, and
- visit our Website.
You can always choose not to provide Your personal information to Track Revenue, but it may mean that we are unable to provide You with the Service.
Track Revenue may receive personal information from You about others
Through Your use of the Service, Track Revenue may also collect information from You about someone else. If You provide Track Revenue with personal information about someone else, You must ensure that You are authorized to disclose that information to Track Revenue and that, without Track Revenue taking any further steps required by applicable data protection or privacy laws, Track Revenue may collect, use and disclose such information for the purposes described in this Policy.
This means that You must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual's right to obtain access to that information, Track Revenue’s identity, and how to contact Track Revenue.
Where requested to do so by Track Revenue, You must also assist Track Revenue with any requests by the individual to access or update the personal information You have collected from them and entered into the Service.
Track Revenue collects, holds, and uses Your personal information for limited purposes
Track Revenue collects Your personal information so that we can provide You with the Service and any related services You may request. In doing so, Track Revenue may use the personal information we have collected from You for purposes related to the Services including to:
- verify Your identity,
- administer the Service,
- notify You of new or changed services offered in relation to the Service,
- carry out marketing or training relating to the Service,
- assist with the resolution of technical support issues or other issues relating to the Service,
- comply with laws and regulations in applicable jurisdictions, and
- communicate with You.
By using the Service, You consent to Your personal information being collected, held and used in this way and for any other use You authorise. Track Revenue will only use Your personal information for the purposes described in this Policy or with Your express permission.
It is Your responsibility to keep Your password to the Service safe. You should notify us as soon as possible if You become aware of any misuse of Your password, and immediately change your password within the Service.
Track Revenue can aggregate Your non-personally identifiable data
By using the Service, You agree that Track Revenue can access, aggregate and use non-personally identifiable data Track Revenue has collected from You. This data will in no way identify You or any other individual.
Track Revenue may use this aggregated non-personally identifiable data to:
- assist us to better understand how our customers are using the Service,
- provide our customers with further information regarding the uses and benefits of the Service,
- enhance small business productivity, including by creating useful business insights from that aggregated data and allowing You to benchmark Your business’ performance against that aggregated data, and
- otherwise to improve the Service.
Track Revenue holds your personal information on servers located in the U.S. All Data, including personal and non-personal information, that is entered into the Service by You, or automatically imported on Your instruction, is transferred to Track Revenue’s servers as a function of transmission across the Internet. By using the Service, You consent to Your personal information being transferred to our servers as set out in this Policy.
Currently our servers are located around the world, serviced primarily by Amazon Web Services (“AWS”) and Microsoft Corporation (MSFT) and collectively known as “Servers”, and Your personal information will be routed through, and stored on, those servers as part of the Service. Servers comply with relevant aspects of the United States and European Union Safe Harbor Framework, and has certified that it adheres to relevant Safe Harbor Privacy Principles. If the location of our servers change in the future, we will update this Policy. You should review our Policy regularly to keep informed of any updates.
By providing Your personal information to Track Revenue, You consent to Track Revenue storing Your personal information on servers hosted in the U.S. and everywhere in the world where we host our Data. While Your personal information will be stored on servers located around the world, it will remain within Track Revenue’s effective control at all times. The server host’s role is limited to providing a hosting and storage service to Track Revenue, and we’ve taken steps to ensure that our server hosts do not have access to, and use the necessary level of protection for, Your personal information.
If You do not want Your personal information to be transferred to a server, You should not provide Track Revenue with Your personal information or use the Service.
Track Revenue takes steps to protect your personal information
Track Revenue is committed to protecting the security of Your personal information and we take all reasonable precautions to protect it from unauthorized access, modification or disclosure. Your personal information is stored on secure servers that have SSL Certificates issued by leading certificate authorities, and all Data transferred between You and the Service is encrypted.
However, the Internet is not in itself a secure environment and we cannot give an absolute assurance that Your information will be secure at all times. Transmission of personal information over the Internet is at Your own risk and You should only enter, or instruct the entering of, personal information to the Service within a secure environment.
We will advise You at the first reasonable opportunity upon discovering or being advised of a security breach where Your personal information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorized persons or in any unauthorized manner.
Track Revenue only discloses Your Personal Information in limited circumstances
Track Revenue will only disclose the personal information You have provided to us to entities outside the Track Revenue group of companies if it is necessary and appropriate to facilitate the purpose for which Your personal information was collected pursuant to this Policy, including the provision of the Service.
Track Revenue will not otherwise disclose Your personal information to a third party unless You have provided Your express consent. However, You should be aware that Track Revenue may be required to disclose Your personal information without Your consent in order to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify You if we are required by law to disclose Your personal information.
The third parties who host our servers do not control, and are not permitted to access or use Your personal information except for the limited purpose of storing the information.
Track Revenue does not store Your credit card details
If You choose to pay for the Service by credit card, Your credit card details are not stored by the Service and cannot be accessed by Track Revenue staff. Your credit card details are encrypted and securely stored by Stripe, Inc., a payment processing services solution, to enable Track Revenue to automatically bill your credit card on a recurring basis.
You may request access to Your personal information
It is Your responsibility to ensure that the personal information You provide to us is accurate, complete and up-to-date. You may request access to the information we hold about You, or request that we update or correct any personal information we hold about You, by setting out Your request in writing and sending it to us at email@example.com.
Track Revenue will process Your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet Your request, we will let you know why. For example, it may be necessary for us to deny Your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process Your request in the manner You have requested. In some circumstances, it may be necessary for us to seek to arrange access to Your personal information through a mutually agreed intermediary (for example, the Subscriber).
We’ll only keep Your personal information for as long as we require it for the purposes of providing You with the Service. However, we may also be required to keep some of Your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.
In providing the Service, Track Revenue utilizes "cookies". A cookie is a small text file that is stored on Your computer for record-keeping purposes. A cookie does not identify You personally or contain any other information about You but it does identify Your computer.
We and some of our affiliates and third-party service providers may use a combination of “persistent cookies” (cookies that remain on Your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when You close Your browser) on the Website to, for example, track overall site usage, and track and report on Your use and interaction with ad impressions and ad services.
You can set your browser to notify You when You receive a cookie so that You will have an opportunity to either accept or reject it in each instance. However, You should note that refusing cookies may have a negative impact on the functionality and usability of the Website.
You can opt-out of any email communications
Track Revenue sends billing information, product information, Service updates and Service notifications to You via email. Our emails will contain clear and obvious instructions describing how You can choose to be removed from any mailing list not essential to the Service. Track Revenue will remove You at Your request.
You are responsible for transfer of Your data to third-party applications
Track Revenue has a privacy complaints process
If You wish to complain about how we have handled Your personal information, please provide our Privacy Officer with full details of Your complaint and any supporting documentation:
- by e-mail at firstname.lastname@example.org
Our Privacy Officer will endeavour to:
- provide an initial response to Your query or complaint within 10 business days, and
- investigate and attempt to resolve Your query or complaint within 30 business days or such longer period as is necessary and notified to you by our Privacy Officer.
This policy may be updated from time to time
Track Revenue reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. Track Revenue will make every effort to communicate any significant changes to You via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended Policy.