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Legal Notices

Privacy Policy

Marketo, Inc. ("Marketo" or "We") knows that you care about how the information we receive from and about you is used and shared, and we take your privacy seriously. Marketo has created this privacy statement ("Statement") in order to demonstrate our commitment to your privacy. Please read the following to learn more about our privacy policy. “Your” or a “user” refers to any individual who visits a Marketo website, web service or otherwise uses a Marketo service.

By accessing the Marketo website at www.marketo.com, and subdomains of marketo.com, including all related pages ("Site"), including any subscription based features or services offered by Marketo through the Site or through app.marketo.com (collectively, the "Service"), you are accepting and agreeing to the practices outlined in this Statement.

  1. What Does This Privacy Policy Cover?

    This Statement covers Marketo's collection and use of personal information and non-personal information that Marketo gathers when you are on the Site and when you use the Marketo Marketing Automation Software Service (the “Service”). “Personal information” is information that identifies you on an individual basis, such as information that would permit a third party to contact you: this would include, for instance, full name and address, household address, telephone number, or email address. “Non-personal information” is information that cannot, when ordinarily read or compiled, be used to identify you on an individual basis: this might include, for instance, a browser or device identifier, or de-identified or anonymized information related connected to those identifiers or your activities; it might also include, for instance, information that has been aggregated or coded to remove personal information.

    This Statement does not, however, apply to the practices of third parties that Marketo does not own or control, or to individuals that Marketo does not employ or manage.

    This Statement also does not apply to any third party information gathered by subscribers to Marketo's Service (i.e., information about customers of Marketo subscribers) and submitted by them to the Service for use in connection with their marketing campaigns and other promotional activities ("Customer Data"). Marketo will not review, share, distribute, print, or reference any such Customer Data except as provided in the Service Agreement or as may be required by law.

  2. What Personal Information About Customers Does Marketo Collect?

    Our primary goal in collecting information is to provide you with a friendly, customized, and efficient experience. We collect the following types of information from our customers:

    Information You Provide to Us:
    Marketo collects identifying information when you use the Service, when you visit the Site (including, without limitation, any marketo.com web pages or landing pages), and when you enter promotions or contests. For example, we require customers who register to use the Service to give us the following personal information: their name, Company name, address, phone number, and e-mail address, and financial qualification and billing information, such as billing name and address, credit card number, and the identity of users within the organization that will be using the Service. When you initially express interest in obtaining additional information about the Service, or when you register for the Service, we may also ask for additional types of personal information, such as title, department name, fax number, or company information such as annual revenues or marketing spend. We may also request demographic information and unique identifiers in order to provide you with a more personalized experience or verify your passwords.

    All financial and billing information that we collect from you is used for the purposes of checking your qualifications as a prospective customer and billing you for the Service. Such billing information is not used by Marketo for marketing or promotional purposes. Marketo may use a third-party intermediary to manage the credit card and billing processing. This intermediary is solely a link in the distribution chain, and is not permitted to store, retain, or use the information provided, except for the sole purpose of credit card and billing processing.

    Other personal information we collect, as described above, may be used by Marketo to provide the Service to you, to advertise or market our business, promotions, or services, keep and maintain accounts, keep records of transactions, and for financial management of our business and performing the Service Agreement. Thus, for instance, if you provide us with your email address, we may send you emails (which you may unsubscribe from) informing you about Marketo services, products, offers and partnerships. See the Section titled “Email Communications” below, for more information about how and why we may email you.

    If you are a registered user of Marketo's subscription-based Service, please note that some information about you may remain in our records after the end of your trial or subscription.

    Automatic Information:

    When you visit the Site, Marketo collects your Internet Protocol (“IP”) addresses to track and aggregate non-personal information. For example, Marketo uses IP addresses to monitor the regions from which you navigate Marketo’s Site.

    In addition, we receive and store certain types of information whenever you interact with us via our Site, including what pages you visit and activities you perform on our Site. Marketo automatically receives and records certain "traffic data" on our server logs including your IP address, Marketo cookie information, the page you requested, and your communications and interactions with other site registrants. Marketo uses this traffic data to help diagnose problems with its server, analyze trends and administer the Service. We may also use any data we collect on or through the Site to better understand and market to our customers or website users, individually or in the aggregate.

    We automatically collect usage information, such as the numbers and frequency of visitors to our Site and use of components of our Service. We may use this information to provide research, advice and information, including, without limitation, for benchmarking purposes (e.g. we may publish an industry white paper that uses data collected through the use of our Service). This data is only used in the aggregate. This type of collective data also enables us to determine how often customers use parts of the Service so we can make the Service appealing to as many customers as possible. In addition, we may provide statistical information to our partners about how our customers, collectively, use our Site and Service. We may share this type of statistical data so that our partners also understand how often people use areas of our Site and our Service, so that they, too, may provide you with an optimal experience.

    We also collect and use information for internal purposes. For example, if you are a registered user of Marketo's subscription-based Service, we may keep records in your account history of your complaints about the Service or other users, your account activity, or communications we have had with you.

    E-mail Communications:
    We may receive a confirmation when you open an e-mail from Marketo and may use this information to help us customize the emails we send to you, and enhance their relevance to you. We may also send out emails with information regarding Marketo or our partners including promotions and events. If you complete the request form on the Site for additional information about the Service, we may use your email address to send you information regarding Marketo, our products and services and our partners and partnerships. You may opt out of being contacted by us by sending an email to privacypolicy@marketo.com or by unsubscribing through the unsubscribe or opt-out link in an email.

    If a user elects to use our referral features for informing a friend about our Site or Service, we ask them for the friend's name and email address. You agree that you have the required consent to disclose your friend’s name and email address to us for this purpose. Marketo will automatically send the friend an email on behalf of the user who made the referral, inviting such friend to visit the Site and try the Service. Marketo does not store this information.

    We may use third party service providers to assist us in any of the above email and marketing functions, but when we do so, we require those providers to enter into confidentiality agreements, or otherwise agree to maintain the confidentiality of any personal information we receive from you.

    Information From Other Sources:
    In order to enhance our ability to provide relevant marketing, offers and services to you, we may obtain information about you from other sources and add it to our account information.

    Information That You Post on our Site:
    Our site may provide you with opportunities to post comments and identifying information, such as to our Marketo Blog, at http://blog.marketo.com. When you post to the blog, this information may appear in public ways, such as through search engines or other publicly available platforms, and may be “crawled” or searched by third parties. Please do not post any information that you are not comfortable revealing to the public at large.

  3. What about Cookies, Web Beacons and Similar Technology?

    A cookie is a small data file that is placed on the hard drive of your computer when you visit a website. A "session cookie" expires immediately when you end your session (i.e., close your browser). A "persistent cookie" stores information on the hard drive so when you end your session and return to the same website at a later date, the cookie information is still available. A web beacon is a small string of code that represents a clear graphic image, a redirect url or javascript and is used in conjunction with a cookie.

    When you visit our Site, we may use both session and persistent cookies. This Marketo-placed cookie may contain information (such as a unique user ID) that is used to track your usage of our Site, and may be used to send you ads or offers when you browse our Site or other websites. Marketo employs cookies to enable our systems to recognize your browser and tell us how and when pages in our Site are visited and by how many people, and also in order for our server to recognize a return visitor as a unique user. The cookies placed by the Marketo server are readable only by Marketo, and cookies cannot access, read or modify any other data on a computer. For more information about the cookies we use on our Site, see the table set out below.

    Marketo uses Web beacons alone or in conjunction with cookies to compile information about your usage of Marketo’s Site and interaction with emails from Marketo. For example, Marketo may place Web beacons in marketing emails that notify Marketo when you click on a link in the email that directs you to Marketo’s Site. Marketo uses Web beacons to operate and improve Marketo’s Site and email communications and to send more customized or relevant emails, ad and offers to users.

    For certain purposes, we may use Flash cookies (also known as Local Stored Objects) or other similar technologies. A Flash cookie is a small data file placed on a computer using Adobe Flash technology that may be built into your computer or downloaded by you to your computer. We use these technologies to personalize and enhance your online experience, facilitate processes, personalize and store your settings. For instance, Flash cookies may help our website visitors to set volume preference associated with a video experience and perform surveys. They help us improve our Site by measuring which areas are of greatest interest to customers. We do not use Flash cookies for marketing or behavioral targeting purposes. Flash cookies are different from browser cookies and the cookie management tools provided by your browser will not remove Flash cookies. Learn how to manage privacy and storage settings for Flash cookies. If you disable Flash cookies or other similar technologies, please be aware that you may not have access to certain features and services that make your online experience more efficient and enjoyable.

    Marketo uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", text files that are stored on your computer, to analyze your use of the website. The information generated by the cookie about your use of this website (including your shortened IP address) is transmitted to a Google server in the U.S. and stored there. Google will use this information to evaluate your use of the website, compile reports on website activity for website operators and to provide other services related with the website and internet use. Google may also transfer this information to third parties if required by law, or where third parties process these data on behalf of Google. For more information about Google Analytics, or to opt out of Google Analytics, please go to:
    https://tools.google.com/dlpage/gaoptout

    Marketo uses Crazy Egg’s Analysis Service, a web analytics service which gives Marketo data about where users are clicking on our site. You can visit their privacy policy at: https://www.crazyegg.com/privacy and their opt-out feature at: https://www.crazyegg.com/opt-out.

    Our Site may contain links to other websites, share buttons (e.g., Twitter) or Facebook “Like” buttons. These other websites, services and applications may set their own cookies on users’ computers, collect data, or solicit personal information. You should refer to any privacy policies found on such websites, services and applications to better understand how your information may be collected and used. See Section 11 of this Privacy Statement for further details regarding third party sites and share applications.

    The "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. We recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of Marketo's most attractive features. To learn about how cookies interact with your particular browser, these resources may be helpful:

    Type of Cookies Description Managing Settings
    Required cookies

    Required cookies enable you to navigate Marketo’s Site and use its features, such as accessing secure areas of the Site and using Marketo Service.

    If you have chosen to identify yourself to Marketo, Marketo uses cookies containing encrypted or de-identified information to allow Marketo to uniquely identify you or your browser (or device). Each time you log into the Service, a cookie containing a unique identifier that is tied to your account is placed on your browser. These cookies allow Marketo to uniquely identify you or your browser (or device) when you are logged into the Service and to process your online transactions and requests.

    Because required cookies are necessary to operate Marketo’s Site and the Service requested by you, there is no option to opt out of these cookies

    If you do not agree to the use of these required cookies, you should not continue to use the Site.

    Performance cookies These cookies enable the collection of information about how visitors use our Site, including which pages visitors go to most often and if they receive error messages from certain pages. These cookies do not collect information that individually identifies a visitor. All information these cookies collect is aggregated and anonymous. This information is used to measure the traffic on our Site pages and to improve how Marketo’s Site functions and performs. To access the information that are collected through these cookies, you can write to privacypolicy@marketo.com. To learn how to opt out of performance cookies using your browser settings click here.
    Functionality cookies

    Functionality cookies allow Marketo’s Site to recall information you have entered or choices you have made (such as your username, language, or your region) and are designed to permit enhanced, more personal features. These cookies also enable you to optimize your use of Marketo’s Service after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.

    Marketo may use Flash cookies to store your preferences or display content based upon what you view on our Site to personalize your visit.

    To learn how to opt out of functionality cookies using your browser settings click here. Note that opting out may impact the functionality you receive when visiting Marketo.

    To learn how to manage privacy and storage settings for Flash cookies click here.

    Analytics and Retargeting cookies

    From time-to-time, Marketo may engage third parties, such as Google Analytics, to track and analyze usage and volume statistical information from users who visit Marketo’s Site. The information provided to third parties does not include personal information, but this information may be re-associated with personal information after Marketo receives it.

    We may use third-party service providers to serve advertisements on our behalf across the Internet. These service providers may collect your IP address and non-personally identifiable or de-identified information about your visits to our Site in order to serve Marketo ads, while you are visiting other web sites. Such non-personally identifiable information is anonymous or de-identified and does not reflect your name, address, e-mail address or other personal information; however your IP address may be collected by such services. This anonymous or de-identified information is often collected through the use of a pixel tag (also known as cookies and action tags), which is industry-standard technology used by most major websites.

    Third party advertising sites, such as Facebook Ads, may use tracking pixels to track conversions of the ads we run on Facebook and other websites.

    Third parties, with whom Marketo partners to provide certain features on our Site, may use Flash cookies to collect and store information.

    You can opt-out of many. To opt out of many companies that serve third party cookies, you may visit the opt-out page sponsored by the Network Advertising Initiative (NAI), a cooperative group of online ad serving providers, at networkadvertising.org/choices, or the similar opt-out page of the Digital Advertising Alliance (DAA), a similar group, at http://www.aboutads.info/choices. Where possible and in our sole discretion, we strive to partner with platforms that are members of and have subscribed to the codes of conduct and best practices of, those industry organizations.

    To learn more about these and other third party analytical tools, and how to opt out of retargeting cookies using your browser settings please view the above websites, or click here.

    To learn how to manage privacy and storage settings for Flash cookies click here.

  4. Will Marketo Share Any of the Information it Receives?

    Information about our customers is an integral part of our business. We neither rent nor sell your personal information to any third party. We share your personal information only with entities that are controlled or controlled by or under common control of Marketo, and as described below:

    Affiliated Business We Do Not Control:
    We are affiliated or partnered with a variety of businesses and work closely with them. In certain situations, these businesses operate within the Service or through the Site. In other situations, Marketo markets or sells products or services jointly with affiliated businesses. We will disclose any program where we intend to share your information with an affiliated business and, if the information may be used in a way other than to promote and provide Marketo’s products and services, will provide you with a way to opt out of such sharing.

    Agents and Service Providers:
    We contract with other companies and people to perform tasks on our behalf and may share your personal information (or non-personal information about you) with them to provide products or services to you, or to otherwise communicate with you, such as to provide marketing or offers to you. Examples may include removing repetitive information from customer lists, analyzing data, providing marketing assistance, conducting billing, processing credit card payments, engaging technical support for our services, providing customer service, and performing analysis related to our products or services. We may also provide your personal information to agents and service providers who may to verify or compile aggregate usage data that we provide to our partners. When we share this information in this way, we require the agent or service provider to agree to maintain the confidentiality and the security of the personal data.

    Promotional Offers:
    We may send offers to certain customers on behalf of other businesses with whom we have a partnership. When we do so, we do not give that other business your personal information. If you are a registered user of our Service and do not wish to receive these offers, please send an email to privacypolicy@marketo.com.

    Business Transfers:
    In some cases, we may buy or sell assets or businesses. In these types of transactions, customer information is typically one of the business assets that are transferred. If Marketo, or substantially all of its assets, were acquired or if there were proposal to acquire Marketo or its assets, customer information would be one of the assets that are transferred as part of the process of sales. Were this to occur, we would strive to require any acquiring entity to adhere to the policies set forth in this Privacy Policy.

    Protection of Marketo and Others:
    We may release personal (or non-personal) information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Marketo, our employees, our users, or any other person or entity. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

    Notification of Other Disclosures:
    Except as set forth above, you will be notified when your personal information may be shared with third parties.

  5. Transfer of Information:
    Your personal information may be transferred to our parent company, Marketo, Inc., or among the divisions or subsidiaries of Marketo, Inc., for the purpose of conducting our operations and offering our products and services. Marketo, Inc. adheres to the Safe Harbor Privacy Principles published by US Department of Commerce ("Safe Harbor Principles") with respect to Customer Data that we receive from our customers and other business partners in the European Economic Area. Marketo, Inc. complies with the U.S.-EU and the U.S.-Swiss Safe Harbor Frameworks regarding the collection, use, and retention of personal information from European Union member countries and Switzerland.
    The scope of our Safe Harbor Certification is defined by our Safe Harbor Notice located at https://www.marketo.com/trust/safe-harbor

  6. Is Information About Me Secure?

    All customer information collected and stored by Marketo is maintained in a secure corporate data center and/or otherwise subject to best practices access protection. Only employees who need customer information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices. However, you should be aware no security procedures or protocols are ever guaranteed to be 100 percent foolproof from intrusion or hacking, and there is therefore always some risk assumed by sharing personal information online.

  7. How Can I Correct or Remove Information About Me?

    If you feel that any personal information about you that has been collected and stored by Marketo might be incorrect, or you would like us to remove you from our systems, please notify us at privacypolicy@marketo.com so that we may correct or delete the information. You also have the right to access your personal information held by Marketo by sending a written request to privacypolicy@marketo.com.

  8. What Choices Do I Have?

    As stated previously, you can always opt not to disclose information, even though it may be needed to make a purchase or take advantage of certain Marketo features.

    You are able to add or update certain information as described in the "How can I correct or remove information about Me" section above. When you update this information, we may maintain a copy of the unrevised information in our records.

    As explained earlier, the "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. Please note, however, that if you do not enable cookies, you will not be able to take advantage of some of our features.

  9. Can Children Use Marketo's services?

    Our site and the use of services made available through Marketo are not intended for minors under the age of 18. Marketo does not knowingly or specifically collect information about minors under the age of 18 and believes that children of any age should get their parents' consent before giving out any personal information. If you believe that we have mistakenly or unintentionally collected such information through our website, please notify us at privacypolicy@marketo.com so that we may immediately delete the information from our servers.

  10. Conditions of Use

    Any disputes arising from or related to this Privacy Policy, our Terms of Use, or the Marketo Service, shall be finally and exclusively resolved by the courts located in including limitations on damages, resolution of disputes, which are incorporated herein by reference, and governed by the laws of the State of California.

  11. Third Party Sites

    The Site and Service may permit you to link to other websites on the Internet through direct links or through applications such as “share” or “like” buttons, and other websites likewise may contain links to the Marketo Site. These other websites are not under Marketo’s control, and such links do not constitute an endorsement by Marketo of those other websites or the content and services offered through them. The privacy and security practices of websites linked to or from the Marketo Site are not covered by this Privacy Statement, and Marketo is not responsible for the privacy or security practices or the content of such websites. Your access or use of those websites is entirely at your own risk. These other websites, services and applications may set their own cookies on users’ computers, collect data, or solicit personal information. You should refer to any privacy policies found on such websites, services and applications to understand how your information may be collected and used.

  12. Changes to this Privacy Policy

    Marketo may amend this Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to our privacy policy, we will notify you by posting in advance the revised notice on our Site or sending you an email so you are always aware of what information we collect, how we use it and under what circumstances if any, it is disclosed.

  13. Compliance with EU Safe Harbor Privacy Framework and Dispute Resolution

    Marketo complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Marketo has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Marketo’s certification, please visit http://www.export.gov/safe-harbor/ or see our Safe Harbor Notice at https://www.marketo.com/trust/safe-harbor.

  14. Storage of Data in the United States

    Our servers are currently located in the United States, and personal information you provide to us will be stored and processed in the United States. If you are located outside of the U.S., by sending us your data you consent to its transfer to and storage within the United States.

  15. Email Use and Anti-Spam Policy

    We require our customers using our Services to agree to our Email Use and Anti-Spam Policy, located here: https://www.marketo.com/trust/legal/email-use-policy. However, we are not responsible for our customers’ conduct, and we disclaim any acts undertaken by our customers.

  16. Questions or Concerns

    If you have any questions or concerns regarding privacy at Marketo site, please email privacypolicy@marketo.com. Your privacy is important to us and we will make every effort to resolve your concerns.

    Privacy Policy Effective Date: February 24, 2014