Terms of Service

Last updated: 2026-08-05

The Merkle Analytics Portal (the Service) is provided to you (the Client) by Merkle Sweden AB (Merkle).

1. Acceptance of Terms

By accessing and using the Service, you accept and agree to be bound by the terms and provision of this agreement.

2. Use of Service

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No service level agreement (SLA) applies to the Service, and Merkle does not guarantee any particular level of uptime, availability, or performance.
The Service is dependent on third-party platforms and services, including Google Analytics. Merkle bears no responsibility for any changes, outages, interruptions, or discontinuations of such third-party services, nor for any impact such events may have on the functionality or availability of the Service.

3. Liability

To the fullest extent permitted by applicable law, Merkle disclaims all liability for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of, or inability to use, the Service. Nothing in this disclaimer shall, however, exclude or limit liability for fraud, willful misconduct, or death or personal injury caused by negligence, to the extent such exclusion or limitation is prohibited by law.

4. Rights and Ownership

All intellectual property rights in and to the Service, including but not limited to software, documentation, designs, and any underlying technology, remain the exclusive property of Merkle or its licensors. The client is granted a limited, non-exclusive, non-transferable right to use the Service solely for its intended purpose. The client shall not copy, modify, reverse engineer, distribute, or create derivative works based on the Service.
Merkle reserves the right, at its sole discretion, to modify, update, suspend, or discontinue the Service, in whole or in part, at any time without prior notice. Merkle may make changes to the Service from time to time and shall have no obligation to notify the client of such changes in advance.

5. Governing Law

This disclaimer and the use of the Service shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of laws principles. Any disputes arising out of or in connection with this disclaimer shall be resolved by the competent courts of Sweden.

For more information or questions about these Terms of Service, please contact your Merkle account manager.

Privacy Policy

1. Data Access and Processing

The Service retrieves data from Google Analytics and other third-party services to provide analytics and insights to the Client. Data is only made available to the Client and is not shared with Merkle or any other third party. Data processing within the Service is limited to data centers within the EU.

The Service is able to:

  • Access your Google Analytics data
  • Manage Google Analytics configurations and settings

Sensitive data such as Google OAuth refresh tokens are encrypted at rest using AES-256-GCM.

2. Data Controller

The Client remains the sole data controller for any personal data processed through or in connection with the Service. Merkle does not assume any data controller obligations in relation to the Service. To the extent that any processing of personal data by Merkle is required in connection with the Service, such processing shall be governed by a separate data processing agreement entered into between the parties in accordance with applicable data protection legislation, including the General Data Protection Regulation (EU) 2016/679.