Tracking Services Product Terms
ReachLocal Australia Pty LimitedOnline Marketing Services Terms & Conditions
Tracking Services Product Terms
Last Modified: 17 March 2014
Important: these product terms pertaining to Tracking Services, including TotalTrack®, (the “Tracking Terms”) are referred to in the ReachLocal Australia Pty Limited (“Reachlocal” or “We”) online Marketing Services Terms and Conditions (the “Marketing Services Terms”) and are incorporated therein. Please read this agreement carefully.
Your execution of an order form for Marketing Services constitutes your agreement to be bound by these Tracking Terms.
In the event of a conflict between these Tracking Terms and the Marketing Service Terms and/or an Order Form, these Tracking Terms shall prevail.
We reserve the right to make changes to these Tracking Terms at any time. We shall provide notification of changes in these terms by updating the last modified date set forth above. All such changes shall be binding upon you once posted online at our website www.reachlocal.com.au, unless such changes are material in which case such changes shall not take effect until the next time you sign an Order Form.
1. Defined Terms.
(a) Destination Page refers to the Web page to which the consumer will be directed to as part of the campaign, such as your Existing Site, a Standard Offer Page, or a third-party directory.
(b) Destination Page Tracking refers to the tracking of visits to the Destination Page.
(c) eMail Tracking refers to the tracking of emails sent to you through the Proxy Site or, if you are using the Tracking Code, the Existing Site (the “Tracking eMails”), which is accomplished by dynamic substitution of your e-mail address(es) on the Destination Page with online e-mail forms. You acknowledge that the Tracking eMails are routed through ReachLocal’s servers and forwarded to email addresses you provide. For purposes of quality assurance and campaign assessment, ReachLocal may access and review all Tracking eMails. ReachLocal will use commercially reasonable efforts to deliver all Tracking eMails but cannot guarantee that 100% of the Tracking eMails will be delivered to you.
(d) Form Tracking refers to the logging, if you are using the Tracking Code, of form submission data created by form submissions on the Existing Site.
(e) Phone Tracking refers to the tracking of phone calls you receive, which is accomplished by ReachLocal or its third-party provider providing up to two tracking phone numbers (each, a “Tracking Number”) that will be dynamically displayed on the Destination Page in lieu of your phone number(s) and that will forward to your phone number(s). You acknowledge that you do not own, and will not obtain, as the result of this Agreement, any ownership interest in the Tracking Numbers.
(f) Proxy Site refers to a proxied version of the Existing Site.
(g) ReachCast Cast Page refers to a webpage created and hosted by ReachLocal using the ReachCast services.
(h) Standard Offer Page refers to a web page which ReachLocal may provide to you if you do not already have your own website. The Standard Offer Page will consist of a basic Web page with information provided by you, located at a url owned by ReachLocal. You agree that ReachLocal may restrict your ability to modify or request modifications to your Standard Offer Page once the campaign has commenced. Upon the conclusion of the Campaign Period, ReachLocal will retain ownership of your Standard Offer Page.
(i) Tracking Services refers to any or all of: the Destination Page Tracking, eMail Tracking, Web Event Tracking, Phone Tracking, eMail Tracking, and Form Tracking.
(j) Tracking Code refers to software code that ReachLocal will provide to you to implement on your Existing Site that will help you measure the return on investment (ROI) of your ReachLocal campaigns by showing the activity that takes places on your Existing Site as the result of the Marketing Services, as more fully set forth in Section 5 below.
(k) Web Event Tracking refers to the tracking of specific events on your site (e.g. number of visits to a contact page).
Terms not defined herein shall have the meaning set forth in the Marketing Services Terms.
2. Tracking Services. ReachLocal will provide the Tracking Services to enable you to assess the performance of your ReachLocal campaign(s). For TotalTrack®, ReachLocal will provide the tracking package set forth on the Order Form: (i) Web Tracking, which includes Offer Page Tracking, Destination Page Tracking, Web Event Tracking and eMail Tracking; (ii) Phone Tracking; or (iii) Web Tracking and Phone Tracking.
3. Tracking Services Data Retention. You acknowledge that ReachLocal is not obligated to keep and maintain any data obtained as the result of the Tracking Services for more than 30 days after the collection of any such data (including Call Recordings (as defined below), Tracking eMails, and form submission data).
4. ReachLocal Proxy Technology.
(a) The Proxy Site. In order to implement the Tracking Services, you hereby permit ReachLocal to deploy a “Proxy Site”. In connection with the implementation of the Proxy Site, ReachLocal may, but is not obligated to, do any or all of the following:
- Deploy software code on the Proxy Site to track the pages that users access as a result of your campaign. ReachLocal or its Publishers may place cookies or similar online tools on the Proxy Site to (i) effect the foregoing Tracking Services and to ensure the proper operation of the Proxy Site, (ii) provide for advertising content (“Ad”) tracking (to enable ReachLocal to determine the effectiveness of the Marketing Services, when applicable), and (iii) enable ReachLocal or its Publishers to show a consumer your Ads as the consumer navigates to third-party Web sites. You acknowledge that such cookies may be used for the benefits of both you and for third parties.
- On the Proxy Site, insert or otherwise display a link in appropriate places on the Proxy Site, advising consumers of certain privacy and cookie matters that may be relevant to the Proxy Site. While ReachLocal will make reasonable efforts to ensure that the display of the link does not obscure the Proxy Site, you acknowledge and agree that obscuring of a small portion of the site may be unavoidable. Your Existing Site must comply with the ReachLocal Marketing Practices.
- In connection with ReachSearch campaigns, implement Keyword highlighting, which would highlight, on the Proxy Site, the search terms used by the consumer to locate the site.
- Make other minimal aesthetic or functional changes to the Proxy Site so as to enhance the performance of the campaign.
- Make all of the foregoing changes/enhancements to the Mobile Landing Page (as defined in the Media Products Terms).
(b) Proxy URL; Disclaimer. You understand that, in order for ReachLocal to implement the Tracking Services, the url for the Proxy Site (the “Proxy URL”) will be different than the url for the Existing Site. The Proxy URL shall be the property of ReachLocal and it shall be disabled upon termination. You acknowledges that, because the functionality and appearance of the Proxy Site will be substantially similar to the Existing Site (except with respect to the changes contemplated by these Tracking Terms), ReachLocal disclaims any liability arising from the design, content or functionality of the Proxy Site.
5. ReachLocal Tracking Code.
(a) Function of the Tracking Code. ReachLocal’s proprietary tracking code (the “Tracking Code”):
- Tracks visits, web events, and form and email submissions for your Existing Site.
- Replaces phone numbers on the Existing Site with Tracking Phone Numbers (tracks phone calls) based on organic referrer source (e.g. organic Google search, etc.) or ReachLocal campaign information.
- Matches visitors to the Existing Site to views of ReachDisplay ads (when possible).
- Allows Existing Site visitors to opt-out of the tracking described above.
(b) License to the Tracking Code. Subject to the terms and conditions of the Agreement, for so long as you are purchasing Marketing Services, ReachLocal hereby grants you a revocable, non-exclusive, non-transferable limited license (without the right to sublicense) to use the Tracking Code in accordance with these Tracking Terms and such other documentation that the ReachLocal may from time to time promulgate.
(c) Restrictions on Grant. Except as otherwise specifically permitted in these Tracking Terms, you may not: (i) modify or create any derivative works of any of the Tracking Code or any of the related documentation, including translation or localization (code written to published APIs (application programming interfaces) for the Tracking Code shall not be deemed derivative works); (ii) copy the Tracking Code except as provided in these Tracking Terms or elsewhere by ReachLocal; (iii) separate the Tracking Code, which is licensed as a single product, into its component parts; (iv) sublicense or permit simultaneous use of the Tracking Code by more than one user; (v) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the Tracking Code (except to the extent applicable laws specifically prohibit such restriction); (vi) redistribute, encumber, sell, rent, lease, sublicense, use the Tracking Code in a timesharing or service bureau arrangement, or otherwise transfer any rights to the Tracking Code; (vii) publish or share with a third party any results of benchmark tests run on the Tracking Code without ReachLocal’s prior written consent; or (viii) use the Tracking Code on any website that is not part of a ReachLocal campaign.
(d) Ownership and Copyright of Tracking Code. Title to the Tracking Code and all copies thereof remain property of ReachLocal and/or its suppliers. The Tracking Code is copyrighted and is protected by United States copyright laws and international treaty provisions. You may not remove copyright notices from the Tracking Code. You agree to prevent any unauthorized copying of the Tracking Code. Except as expressly provided herein, ReachLocal does not grant any express or implied right to you under ReachLocal patents, copyrights, trademarks, or trade secret information.
(e) THE TRACKING CODE IS LICENSED “AS IS”, AND REACHLOCAL DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, REACHLOCAL EXPRESSLY DOES NOT WARRANT THAT THE TRACKING CODE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE TRACKING CODE WILL BE UNINTERRUPTED OR ERROR FREE.
6. Notice of Changes to Existing Site. You hereby acknowledge that changes to the Existing Site (including any tracked phone numbers or email addresses) may result in the failure of the Tracking Services. Therefore, to avoid disrupting the Tracking Services, you must provide ReachLocal with at least ten (10) business days’ prior written notice of any changes to the Existing Site (including any url changes). ReachLocal will not be responsible for any failure of the Tracking Services resulting from your failure to provide timely notice of changes to the Existing Site and any such failure will not excuse your obligations to pay all amounts owed under any applicable Order Form.
7. Tracking Services Disclaimer. ReachLocal cannot and does not guarantee that the Tracking Services will track every instance of activity that is intended to be tracked. Without limiting the generality of the foregoing, the Tracking Services may not fully function in the following circumstances, among others:
- If the Existing Site significantly uses Flash or embedded images;
- When you have used the incorrect tracking url.
8. Special Terms for Phone Tracking and Call Recording.
(a) Provisioning Tracking Numbers. You acknowledge that, for local phone numbers, ReachLocal will first try to provision a local Tracking Number and then a number in the same area code, but, in the event such Tracking Numbers are not available, you hereby give ReachLocal permission to provision a toll-free Tracking Number instead.
(b) Call Recording provided as a default setting. If you order any of the Media Products, TotalTrack or ReachEdge then call recording is provided as the default setting. You can elect to decline call recording services by ticking the relevant box on the Order Form. Our Call Recording service records inbound phone calls attributable to a campaign and Caller ID (where the phone number of the caller is used to look-up their name and address).
(c) Call Recording Specifics. In connection with Call Recording, you understand that an initial recording will be played to consumers at the outset of calls, which will, among other things, notify the consumer that the call is being recorded. In addition, you must advise all of your employees that their calls may be recorded and ensure that such recordings and notifications comply with all laws, regulations and practices relevant and/or applicable to you or your business. You understand and agree that any attempts to disrupt or prevent the playing of the recording or its failure to advise its employees of the recording may expose you to substantial liability.
(d) Call Review. For purposes of quality assurance, campaign assessment and all other lawful purposes, ReachLocal may, but is not obligated to, access and review all Call Recordings.
(e) Call Blocking. ReachLocal may, in its sole discretion, choose to block third-party phone numbers from being able to call the Tracking Phone Numbers.
(f) TotalTrack Campaign Cycles. For TotalTrack, the Campaign Cycle is each 30-day period in which the services are provided during the Campaign Period, unless earlier terminated by the parties as provided in the Marketing Services Terms.
(g) By entering into this Agreement, you represent, warrant and covenant that you have and will maintain all necessary rights to implement such Call Recording and Call Tracking features. You acknowledge that ReachLocal disclaims any and all liability that may arise as the result of the implementation of any of the Call Recording and Call Tracking features.
9. Privacy Act Considerations. To the extent that (i) you are covered by the Privacy Act 1988 (Privacy Act) and (ii) you elect to receive the Tracking Services, you acknowledge and agree to the following:
(a) You acknowledge that Personal Information (as defined in the Privacy Act) is (for the purposes of these Tracking Terms) limited to the information ReachLocal (or its third-party service providers) received from or created or received on your behalf in connection with the Marketing Services provided by ReachLocal. Personal Information collected is being done so at your express request.
(b) You hereby expressly authorise ReachLocal and third-party call service providers to collect the Personal Information as necessary and proper to effect the call recording services contemplated hereby and by the Marketing Services Terms.
(c) You represent and warrant to ReachLocal that you have all necessary rights to collect such Personal Information and you will use any such information collected only in strict compliance with all applicable legal requirements. You shall promptly notify ReachLocal in writing if your rights to collect such information are ever impaired.
(d) You shall immediately notify ReachLocal in writing if you ever receive a complaint from a consumer, governmental agency or quasi-governmental agency for matters arising out of or relating to these terms.
10. Effect of Termination. Upon termination of your campaign(s), ReachLocal’s obligation to provide the Tracking Services shall immediately terminate together with its obligations to forward calls to the Tracking Numbers, Tracking eMails, or form submission data.