Legal   /   Terms of Service: Personas

Terms of Service: Personas

Effective as of April 30th, 2018.

1. Introduction.

These Segment Personas Terms (“Personas Terms”) apply to Customer’s use of Segment’s “Personas” service (“Personas”) and supplement the underlying agreement entered into between Segment and Customer (“Agreement”) with additional terms specific to Personas. Except as otherwise set forth below, Personas is considered part of the “Service” and remains governed by the Agreement.

2. Overview of Personas.

Personas is an add-on for Segment’s core integrations and data warehouse Service. Using the Customer Data already collected through the Service, Personas allows Customer to build profiles of the users of the Customer Properties and to analyze and classify its users based on Customer-defined traits and audiences. Customer may also use Personas to send its user profiles, traits and audiences to its own or third-party Destinations (e.g., an A/B testing or personalization platform) for further use by Customer. Features of Personas are further described in the applicable Order Form or Documentation.

3. Provision and Use of Personas.

Segment will provide Customer with access to Personas for the Subscription Term set forth in the applicable Order Form for Personas, or the applicable Trial Period for Trial Plans. Customer’s use of Personas will be subject to any scope of use restrictions set forth in the Order Form, the applicable Documentation, and the Agreement.

4. Additional Customer Data Terms.

Any data submitted by Customer to Personas (e.g., user profiles, traits and audience data) is considered “Customer Data” and the Agreement, and Section 4 (Customer Obligations) of the Agreement applies fully to Customer’s use of Personas (for clarity, including the prohibitions on Sensitive Personal Information in Section 4.3). Without limiting the foregoing, Customer represents and warrants that (i) Customer has provided all disclosures to and obtained all consents from its users as necessary in connection with its use of Personas (including Customer’s building, tracking, using or sharing any user profiles, traits or audiences), and (ii) Customer, Customer Data and Customer’s use of Personas will comply with all applicable Laws, including (if applicable) the California Online Privacy Protection Act and similar laws governing data tracking across sites, as well as any self-regulatory standards to which Customer adheres. Further, Customer agrees not to use Personas to make decisions based solely on automated processing, including profiling, which produces legal or similarly significant effects on any user as understood under European Union Regulation 2016/679.

5. Term and Termination.

These Personas Terms will continue until expiration of the Subscription Term or Trial Period for Personas, unless earlier terminated as set forth in the Agreement. Upon any termination of these Personas Terms, Customer will cease any and all use of and access to Personas. Customer acknowledges that following termination it will no longer have access to any Personas-specific Customer Data, unless otherwise set forth in the Agreement. Neither expiration of Customer’s Subscription Term or Trial Period for Personas nor termination of these Personas Terms will in itself result in termination of the Agreement or any other Order Form. Termination of the Agreement will, however, result in automatic termination of these Personas Terms and all Order Forms.

6. General.

Capitalized terms not defined in these Personas Terms have the meanings given to them in the Agreement. For clarity, all limitations of liability and disclaimers of warranty in the Agreement apply fully to Personas, and Customer’s indemnity obligations under Section 4.4 (Indemnification by Customer) of the Agreement extend to any breach or alleged breach by Customer of these Personas Terms. These Personas Terms will control in event of a conflict with the Agreement relating to Personas.