Effective Date: September 16, 2016
Amended: January 10, 2019
Marketo, Inc. and its Affiliates (Marketo International, Ltd.; Marketo EMEA, Ltd.; Marketo Australia Pty Ltd.; Marketo K.K.; Marketo Solutions Limited (UK); Marketo Solutions, Ltd. (Israel) aka Insightera, Inc.; Marketo Corporation Canada; Bizible; ToutApp, Inc.; Zubhium Inc.) (collectively, "Marketo", "we" or "us") know that you care about how the personal data we receive about you is used and shared, and we take your privacy seriously. This Privacy Notice describes Marketo’s privacy practices in relation to information that we collect through websites operated by us from which you are accessing this Privacy Notice (collectively, the “Domains”), through the software applications made available by us for use on or through computers and mobile devices that link to this Privacy Notice (the “Apps”), through our social media pages and apps located at https://www.facebook.com/Marketo, https://twitter.com/marketo, https://plus.google.com/+marketo and https://www.linkedin.com (collectively, the “Social Media Pages”), and other services provided by us both online and offline; as well as through email messages that we send to you that link to this Privacy Notice (collectively, including the Domains, the Apps and the Social Media Pages, the “Sites”). “You” or “user” refers to any individual who visits or otherwise uses the Sites.
This Privacy Notice does not 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 Privacy Notice also does not apply to information that we receive or handle on behalf of our subscribers in our role as a service provider, such as information that we receive through Marketo’s marketing automation software services or other Marketo services, including any apps we make available for use by services subscribers (collectively, the “Subscription Services”). Such information is governed by the terms of the applicable subscription services agreement, rather than this Privacy Notice.
You can request a copy of this Privacy Notice by contacting us at firstname.lastname@example.org.
1. What Types of Information Does Marketo Collect?
- Personal Data. “Personal Data” is information that, directly or indirectly, identifies you or another individual and which may include: name, title, company name, job function, expertise, postal address, telephone number, email address, browser and device information (including IP Address), and information collected through cookies and other similar technologies. If you submit any Personal Data relating to other people to us or to our service providers in connection with the Sites, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Notice.
- Other Information. “Other Information” is any information that does not and cannot be used to reveal your identity or that of another individual, such as information which has been fully and permanently anonymized and aggregated. We use this information to facilitate our operation of the Sites and for other purposes described below.
2. How Does Marketo Collect Information?
We and our service providers collect Personal Data and Other Information in a variety of ways, including:
- Through the Sites: We collect information through the Sites, e.g., when you request a free trial or demo, register for a webinar, contact us, subscribe to our email newsletter, download content (e.g. whitepapers), or register to use our Sites.
- Offline: We collect information from you offline, such as when you attend one of our events, during phone calls with sales representatives, or when you contact a Marketo representative.
- Through You: Marketo collects information such as your location or your preferred means of communication when you voluntarily provide it. Unless combined with Personal Data, this information does not personally identify you or any other user of the Sites.
- Information From Other Sources: In order to enhance our ability to provide relevant marketing, offers, and services to you, we obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms, as well as from other third parties.
- Through Your Browser or Device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Sites (such as the Apps) you are using. Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever you access the Sites, along with the time of the visit and the page(s) that you visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. Marketo uses IP Addresses to calculate usage levels of the Sites, help diagnose problems with its servers, administer the Sites, and for monitoring the regions from which you navigate to Marketo’s Sites.
- Through Your Use of the Apps: When you download and use an App, we and our service providers track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
- Through Cookies and Other Similar Technologies: "Cookies" include commonly used pieces of information in the form of small files that are placed on an individual’s device to enable the individual to more easily communicate and interact with the Sites. When you visit our Sites, we may send one or more cookies to your device. They enable us to store information about your device which helps us, amongst other things, to provide you with a good experience when you browse our Sites and enhance the level of services and functions provided. We also use third parties to serve advertisements on other websites that may be of interest to you, based on information collected about your use of our Sites and other websites. To do so, these companies may place or recognize a unique cookie or similar on your browser. Marketo recognizes automated browser signals regarding tracking mechanisms, which may include ‘do not track’ instructions. Please review our Cookies Policy for more information.
- By Aggregating Information: Aggregated Personal Data does not personally identify you or any other user of the Sites (for example, we may aggregate Personal Data to calculate the percentage of our users who have a particular telephone area code).
3. How Does Marketo Use Personal Data?
We use Personal Data:
- To respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services.
- To send administrative information to you, for example, information regarding the Sites and changes to our terms, conditions, and policies.
- To send you marketing communications, including via email and SMS in compliance with applicable laws and in accordance with your preferences, that we believe may be of interest to you.
- To personalize your experience on the Sites by presenting products and offers tailored to you.
- To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Data, so we suggest that you read these rules carefully.
- For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Sites and services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our Affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it. We will collect and use your Personal Data where the processing is in our legitimate business interests, such as for direct marketing and sales of Marketo’s Marketing Automation Platform and Applications to prospective Business-to-Business (B2B) customers. Our legal basis for processing Personal Data in certain circumstances will also be based on your consent to do so or where we need the Personal Data to perform a contract with you or in order to enter into a contract with you. In some cases, we may also have a legal obligation to collect Personal Data from you.
If we ask you to provide Personal Data to comply with a legal requirement or to enter into a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data).
4. How Will Marketo Share Personal Data It Receives?
Subsidiaries and Affiliates:
We disclose Personal Data to our subsidiaries and Affiliates for the purposes described in this Privacy Notice. Marketo, Inc. is the party responsible for the management of the jointly-used Personal Data.
Third-Party Business Partners:
Marketo partners with a variety of businesses and works closely with them to market or sell products or services. In certain situations, these businesses operate within the Sites. We may disclose Personal Data to our partners for the purposes described above. Some of our third-party business partners co-sponsor events and other offerings with Marketo. We may share Personal Data with these co-sponsors when you sign up for events or offerings to allow our partners to send you marketing communications and information that may be of interest to you, as permitted under applicable law.
Agents and Service Providers:
We contract with other companies and people to perform tasks on our behalf and share your Personal Data with some of them to provide products or services to you, or to otherwise communicate with you, such as to provide marketing or offers on our behalf. Examples 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 also provide your Personal Data to agents and service providers 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 maintain the privacy, confidentiality and security of the Personal Data.
We share Personal Data with business partners or other third party sponsors of sweepstakes, contests and similar promotions from time to time.
Marketo Blog and Social Media Pages:
Personal Data may also be disclosed by you through the Sites, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (including, without limitation, our Marketo Blog, at https://blog.marketo.com and the Social Media Pages). This information can appear in public ways, such as through search engines or other publicly available platforms, and can be “crawled” or searched by third parties. Please do not post any information that you do not want to reveal to the public at large.
In some cases, we buy or sell assets or businesses. In these types of transactions, user information is typically one of the business assets that is transferred. Marketo will disclose Personal Data to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
Profiling and Automated Decision-making:
Marketo combines data obtained by the methods described in Section 2 to help us determine what products and services might be of interest to you and when you might be ready to make a purchase based on repeated interaction with Marketo websites, emails, and content. Marketo marketing and sales personnel are involved in this process and no automated decisions are made that would result in legal effects or similarly significantly affect an individual.
Protection of Marketo and Others:
We release Personal Data as we believe necessary and appropriate to law enforcement, tax, fraud prevention, credit risk agencies and other companies and organizations for the reasons given in the last bullet point under Section 3 above.
5. How Does Marketo Use and Disclose Other Information?
We use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Data under applicable law, then we would use or disclose it in the same way that we use and disclose Personal Data.
In some instances, we may combine Other Information with Personal Data (such as combining your name with the name of your organization). If that combination permits you to be identified, we will treat the combined information as Personal Data for as long as it is combined.
6. How Does Marketo Secure Personal Data About Me?
We have implemented appropriate organizational, technical, and administrative measures to protect Personal Data within our organization, including security controls to prevent unauthorized access to our systems. While we take reasonable steps to secure your Personal Data from loss, misuse, interference and unauthorized access, modification and disclosure, you should be aware no security procedures or protocols are ever guaranteed to be 100 percent secure from intrusion or hacking, and there is therefore always some risk assumed by sharing Personal Data online. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Questions, Concerns and Complaints” section below.
7. How Can I Access, Correct, Amend or Remove Information About Me?
If you would like to access, correct, amend, remove or limit the use or disclosure of any Personal Data about you that has been collected and stored by Marketo, or have it transferred to another organization, please notify us at email@example.com so that we may consider and respond to your request in accordance with applicable law. If you would like to object to the processing of your Personal Data for direct marketing purposes, please use the mechanisms outlined in Section 9 (“What Choices Do I Have?”).
For your protection, we only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we need to verify your identity before implementing your request. We will respond to your request within 30 days.
Please note that we need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such access, change or deletion.
8. For How Long Will Marketo Retain My Personal Data?
We will retain your Personal Data for a period of time consistent with the original purpose of collection, including to pursue our legitimate business interests, comply with our legal obligations, resolve disputes and enforce applicable agreements.
9. What Choices Do I Have?
You can always opt not to disclose information. However, if you elect to do so, we will likely be limited in responding to your inquiry or providing services to you.
You can opt-out of receiving marketing messages from Marketo or our Affiliates by unsubscribing through the unsubscribe or opt-out link in an email, or by unsubscribing via the Marketo Subscription Center at https://pages2.marketo.com/emailsubscription, or by sending an email to firstname.lastname@example.org. We will comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages.
10. Can Children Use Marketo's Sites?
The Sites 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’ or legal guardians’ consent before providing any Personal Data. If you believe that we have mistakenly or unintentionally collected such information, please notify us at email@example.com so that we can delete the information from our servers.
11. Third Party Sites
The Sites 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 Sites. The information practices or content of such other websites is governed by the privacy statements of those websites and not by this Privacy Notice. We encourage you to review the privacy policies found on such other websites, services, and applications to understand how your information is collected and used by them.
Similarly, please note that we are not responsible for the collection, use and disclosure policies and practices (including the data security practices) of other organizations, such as Apple, Facebook, Google, LinkedIn, Microsoft, RIM, Twitter or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including any Personal Data you disclose to other organizations through or in connection with the Apps or the Social Media Pages.
12. Sensitive Information
We ask that you not send us or disclose any sensitive Personal Data (e.g., social security numbers, information related to racial or ethnic origin, sexual orientation, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Sites or via other means.
13. Changes to this Privacy Notice
Marketo may amend this Privacy Notice from time to time. The “Effective Date” legend at the top of this page indicates when this Privacy Notice was last revised. Any changes to this Privacy Notice will become effective when we post the revised Privacy Notice on the Sites.
14. International Transfer of Data
Your Personal Data may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Sites or disclosing information to us you consent to the transfer of information to countries outside of your country of residence, including the United States, Australia, Germany, Ireland, Israel, Japan, and the UK, which could have different data protection rules than those of your country or the country in which you were located when you initially provided the information. Where required, we put in place a solution to ensure that Personal Data transferred outside of the EEA is subject to adequate protection, namely the European Commission Standard Contractual Clauses.
EU-U.S. and Swiss-US Privacy Shield
When transferring any Personal Data from the EEA and Switzerland to the U.S., we adhere to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce. Marketo has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement and liability.
Marketo U.S. affiliates ToutApp, Inc. and Bizible are Covered Entitiesunder Marketo’s Privacy Shield certification and comply with the Privacy Shield Principles.
For the purposes of enforcing compliance with the Privacy Shield, we are subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission.
If we have received your Personal Data in the U.S. and subsequently transfer it to a third party agent or service provider for processing, and such third party agent or service provider processes your Personal Data in a manner inconsistent with the Privacy Shield Principles, we remain responsible under the Privacy Shield unless we can prove we are not responsible for the event giving rise to the damage.
An individual has the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. Please refer to Privacy Shield Annex I for additional information: https://www.privacyshield.gov/article?id=ANNEX-I-introduction
If there is any conflict between the terms in this Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view Marketo’s certification, please visit https://www.privacyshield.gov/ or see our Privacy Shield Notice at https://legal.marketo.com/privacyshield.
15. Questions, Concerns or Complaints
Your privacy is important to us. If you have any questions, concerns, or complaints regarding the way we collect and handle your information as a data Controller, please contact our Data Protection Officer (DPO) by email at firstname.lastname@example.org, or by mail at: 601 Townsend St, San Francisco, CA 94103 ATTN: Privacy, Legal. Or, you may contact Marketo’s Representative to the European Union, Marketo EMEA Ltd, by email at email@example.com or by mail at: Level 2, Red Oak North, South County Business Park, Leopardstown, Dublin 18 Ireland.
Because email communications are not always secure, please do not include credit card information or other sensitive information in your emails to us.
Marketo will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.
In compliance with the Privacy Shield Principles, Marketo commits to resolve complaints about our collection or use of your Personal Data. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Marketo’s Data Protection Officer as indicated above.
Marketo has further committed to refer unresolved Privacy Shield complaints to the American Arbitration Association’s International Centre for Dispute Resolution, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit http://go.adr.org/privacyshieldfiling.html for more information or to file a complaint. The services of the AAA/ICDR are provided at no cost to you.
You may have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the EEA, Switzerland and certain non-European countries (including the US and Canada) are available here.)