Tracking Services Product Terms

ReachLocal New Zealand Limited (trading as LocaliQ)
Online Marketing Services Terms & Conditions
Tracking Services Product Terms
Last Modified: 12 September 2023

Important: these product terms pertaining to Tracking Services, including TotalTrack®, (the “Tracking Terms”) are referred to in the ReachLocal New Zealand Limited (trading as LocaliQ) 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.localiq.au, unless such changes are material in which case such changes shall not take effect until the next time you sign an Order Form.

It is your obligation to ensure that your privacy policies permit the actions taken by LocaliQ as described below, so please review carefully.

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 Landing 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 LocaliQ’s servers and forwarded to email addresses you provide. For purposes of quality assurance and campaign assessment, LocaliQ may access and review all Tracking eMails. LocaliQ 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 LocaliQ 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) Tracking Services refers to any or all of: the Destination Page Tracking, eMail Tracking, Web Event Tracking, Phone Tracking, eMail Tracking, and Form Tracking.

(h) Tracking Code refers to software code that LocaliQ will provide to you to implement on your Existing Site that will help you measure the return on investment (ROI) of your LocaliQ 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.

(i) 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.

LocaliQ will provide the Tracking Services to enable you to assess the performance of your LocaliQ campaign(s). For TotalTrack®, LocaliQ will provide the tracking package set forth on the Order Form: (i) Web 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 LocaliQ 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. LocaliQ Proxy Technology.

(a) The Proxy Site. In order to implement the Tracking Services, you hereby permit LocaliQ to deploy a “Proxy Site”. In connection with the implementation of the Proxy Site, LocaliQ 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. LocaliQ 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 LocaliQ to determine the effectiveness of the Marketing Services, when applicable), and (iii) enable LocaliQ 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 LocaliQ 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 LocaliQ Marketing Practices.
In connection with Search Engine Marketing 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.

(b) Proxy URL; Disclaimer. You understand that, in order for LocaliQ 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 LocaliQ 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), LocaliQ disclaims any liability arising from the design, content or functionality of the Proxy Site.

5. LocaliQ Tracking Code.

(a) Function of the Tracking Code. LocaliQ’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 LocaliQ campaign information.
Matches visitors to the Existing Site to views of Display 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, LocaliQ 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 LocaliQ 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 localisation (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 LocaliQ; (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 LocaliQ’s prior written consent; or (viii) use the Tracking Code on any website that is not part of a LocaliQ campaign.

(d) Ownership and Copyright of Tracking Code. Title to the Tracking Code and all copies thereof remain property of LocaliQ 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 unauthorised copying of the Tracking Code. Except as expressly provided herein, LocaliQ does not grant any express or implied right to you under LocaliQ patents, copyrights, trademarks, or trade secret information.

(e) THE TRACKING CODE IS LICENSED “AS IS”, AND LOCALIQ 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 AUTHORISED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, LOCALIQ 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 LocaliQ with at least ten (10) business days’ prior written notice of any changes to the Existing Site (including any url changes). LocaliQ 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. LocaliQ 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 the consumer has disabled the use of cookies; or
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, LocaliQ 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 LocaliQ 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 Client Centre with Lead Engagement (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, LocaliQ may, but is not obligated to, access and review all Call Recordings.

(e) Call Blocking. LocaliQ 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 LocaliQ 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 LocaliQ (or its third-party service providers) received from or created or received on your behalf in connection with the Marketing Services provided by LocaliQ. Personal Information collected is being done so at your express request.

(b) You hereby expressly authorise LocaliQ 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 LocaliQ 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 LocaliQ in writing if your rights to collect such information are ever impaired.

(d) You shall immediately notify LocaliQ 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), LocaliQ’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.

11. No Intended Use of E.U. Personal Data.

We do not knowingly target or collect information from residents of the European Union, European Economic Area, United Kingdom or Switzerland (each, a “Data Subject”), and Capture Code is designed to prevent deployment of cookies, pixels and certain tracking functionality to prevent collection and tracking of personally identifiable information from Data Subjects based upon geographic identifiers, as we can ascertain them, of the visitors to your website. In the event you provide LocaliQ personally identifiable information with respect to any Data Subject or believe your marketing services are targeting Data Subjects, you will provide LocaliQ prior written notice in order for us to implement appropriate safeguards and, whether or not such notice is provided, represent and warrant that you have obtained lawful consent to provide such data and to enable LocaliQ to exercise its rights and process such data hereunder.

Last updated on September 12, 2023