Data Security Policy – DSP
Applicable as of 23.11.2023
“App Store Marketing Services (ASMS)”: Consulting services offered by SplitMetrics.
“Collected Data”: data collected and processed by SplitMetrics by connecting or granting access to Developer Consoles and other 3rd party tools on behalf of the Contractual Partner and data provided by Contractual Partner (e.g. entered uploaded data). Public data directly available via the App Stores is not Collected Data.
“Developer Consoles and 3rd Party Tools”: online third-party data sites, services and sources, which may include, without limitation, Apple App Store Connect, Google Play Console and other app stores, as well as digital distribution, analytics, advertising, such as Apple Search Ads and Google Ad Manager and monetization platforms.
“Tool”: App Radar ASO Tool.
Area of Application
SplitMetrics’s Data Security Policy (DSP) applies to all and any transactions and / or dealings between SplitMetrics and Contractual Partners for the usage of the Tool and the carrying out of ASMS.
The Contractual Partner acknowledges and agrees that they have the authorization, or have obtained the authorization, to grant SplitMetrics all the rights required for the Tool to function, and that they have acted in accordance with their company policies.
Contractual Partners should review this Policy in accordance with their company’s policies to confirm that their provision of consent is within their authority and consistent with their company’s policies regarding the collected data.
Developer Consoles Connections
SplitMetrics offers two methods to connect Developer Consoles to the Tool.
- Direct Connection: Developer Consoles Account Information such as the username and hashed password are stored.
- Alternative Connection: No Developer Consoles account credentials are stored.
Reason for Data Collection and Types of collected Data
For the usage of the Tool and the carrying out of ASMS by SplitMetrics to the Contract Partner, data collection is necessary.
Rights Granted by Contract Partner to App Radar
For purposes of running the Tool, the provision of ASMS and to provide Collected Data to the Contractual Partner, the Contractual Partner grants a limited power of attorney, and appoints SplitMetrics as the Contractual Partner’s attorney in-fact and agent, to access Developer Consoles, store their Developer Consoles Account Information and retrieve and use their Collected Data with the full power and authority to do and perform each action necessary in connection with such activities, as the Contractual Partner could do in person (including configuring SplitMetrics so that it is compatible with the App Stores for which the Contractual Partner submits information).
The Contractual Partner acknowledges and agrees that SplitMetrics is acting as agent of the Contractual Partner and not on behalf or as an agent of a third party while accessing / retrieving Contractual Partner’s collected data. Moreover, the Contractual Partner acknowledges and agrees that SplitMetrics is not acting as their agent when using Collected data to generate and provide estimates of App Performance to Contractual Partners.
Usage of Collected Data
SplitMetrics may access and include a Contractual Partner’s Collected Data in the pool of data used by SplitMetrics to generate and provide estimates of app performance (e.g., downloads, revenues), including across publishers, geographies and marketplaces, to subscribers of SplitMetrics. Subscribers to SplitMetrics never receive a Contractual Partner’s specific set of Collected Data in an identifiable form. The Contractual Partner hereby acknowledges and consents to the use of their Collected Data in this manner by using the Tool or by establishing contractual relations for provision of ASMS.
Estimates generated by SplitMetrics may include performance estimates of the Contractual Partner’s apps. These estimates are derived from aggregated pools of information that may include Contractual Partner’s Collected Data. Such estimates are non-identifiable even though the estimates may be very similar to the actual performance data provided as part of the Contractual Partner’s Collected Data and the estimates may specifically name each app and publisher.
In addition to the foregoing, the Contractual Partner hereby agrees to provide SplitMetrics with data that SplitMetrics will use in an anonymized way to build and operate new services and products.
Disclosure of Collected Data
SplitMetrics will not, except as set out herein, provide Collected Data to a third party in an identifiable form without the Contractual Partner’s consent, unless this is required by law, such as to comply with a subpoena or similar legal process, or when SplitMetrics in good faith concludes that disclosure is necessary to protect SplitMetrics’s rights, implement a change of control transaction, protect the Contractual Partner’s safety or the safety of others, investigate fraud, or respond to a government request. The Contractual Partner understands and agrees that SplitMetrics may not be sponsored or endorsed by any third parties accessible through the Tool.
A limited number of SplitMetrics employees or contractors may log in to the Tool on the Contractual Partner’s account in order to maintain the Services. Employees of SplitMetrics are required to sign a Non-Disclosure Agreement to ensure the privacy of your Collected Data and Developer Consoles Account Information.
The use of the Tool requires sensitive statistical and financial data to be stored on SplitMetrics’s servers.
Steps have been taken to ensure this data stays private. While using the Tool or carrying out of ASMS, all data that is transferred between the Contractual Partner’s computer and SplitMetrics’s servers is encrypted with Secure Socket Layer (SSL) technology.
Third Party Terms
Contract Partners are required to follow third party terms (especially but not limited to terms of App Stores) and act in accordance with them while using the Tool or carrying out ASMS that are provided in connection with such third parties.
Contract Partners acknowledge that if third parties discontinue or deny services to them and that the provision of the Tool or ASMS is thus prevented partially or in total, that these are circumstances beyond SplitMetrics’s control and grant Contractual Partners no rights vis-a-vis SplitMetrics.
Indemnification for App Radar
The Contractual Partner agrees to indemnify and hold SplitMetrics, their directors, officers, employees and suppliers harmless to the fullest extent of applicable law from any claim, action, demand, loss, liability, damage, cost or expense (including, without limitation, legal fees) arising from or in connection with 1) a Contractual Partner’s breach of this DSP; 2) a Contractual Partner’s violation of any laws or regulations or third-party rights (such as intellectual property or privacy rights); 3) any content the Contractual Partner submitted to SplitMetrics; 4) any dispute the Contractual Partner has or may have with other users or any third party.
SplitMetrics’s DSP is only authoritative in the English language; translation into other languages constitutes merely aids for convenience.
Questions about the DSP can be addressed to:
108 W. 13th Street, Suite 100, Wilmington, DE (Delaware), 19801