Terms and Conditions
End User License Agreement

Last updated February 15th 2025

TABLE OF CONTENTS

Terms & Conditions

Lead Tracker, hereinafter: “Application”, is licensed to You (End-User) by MERGE AS, Postbox 145 Nordstrand, 1112 Oslo, Norway, hereinafter: “Licensor”, for use only under the terms of this License Agreement.

By downloading the Application from the Google via Google Play or Apple via AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all the terms and conditions of this License Agreement and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Google (Google Play) or Apple (AppStore) hereinafter: App-Distributers, are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance, and support thereof. MERGE AS, not App-Distributers, is solely responsible for the licensed application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App-Distributers Terms of Service. MERGE AS acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You are reserved.

The Application

The Application is a simple, but effective tool for evaluating and improving your social media audience targeting and monitoring your content relevancy - and customized for Android and IOS mobile devices. It is used to enhance your content marketing efforts and reach even better relevant feedback from your audience.

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Scope of License

You are given a non-transferable, non-exclusive, and free-use license to install and use the application on any Android and iOS products that you (end-user) own or control, as permitted by the usage rules set forth in this section and the App Distributor's Terms of Service.
This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
You may not share or make the Application available to third parties (unless to the degree allowed by the App-Distributers Terms and Conditions, and with MERGE AS's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
You may not reverse engineer, translate, disassemble, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with MERGE AS's prior written consent).
You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App-Distributers Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
Licensor reserves the right to modify the terms and conditions of licensing.
Nothing in this license should be interpreted to restrict third-party terms. When using the Application, you must ensure that You comply with applicable third-party terms and conditions.

Subscription

Use of the Application does not require a paid subscription. The Application will contain ads.

Technical Requirements

The Application requires a firmware version iOS 13.0 or higher, or Android 5.0 or higher. Licensor recommends using the latest version of the firmware.
Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

Maintenance and support

The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email section on the web www.leadtracker.no.
MERGE AS and the End-User acknowledge that App-Distributers have no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

Use of data

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy.

GDPR compliance

MERGE AS places great importance on the security of its users’ data and compliance with data protection provisions. The collection, processing and use of personal data is subject to the provisions of current legislation and the EU Data Protection Regulation (GDPR). Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you. Processing of personal data which is performed on your behalf in your role as data controller, is subject to Appendix 1 – Lead Tracker Data Processing Terms.

Contribution licence

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Liability

Licensor's responsibility in the case of violation of obligations shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, you are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, you will not have access to licensed Application.

Warranty

Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of MERGE AS's sphere of influence that affect the executability of the Application.
You are required to inspect the Application immediately after installing it and notify MERGE AS about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of seven days after discovery.
If we confirm that the Application is defective, MERGE AS reserves the right to rectify the situation by rectifying the defect.
In the event of any failure of the Application to conform to any applicable warranty, You may notify the App Store- or Google Play Operator. To the maximum extent permitted by applicable law, the App Store or Google Play Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
If the user is an entrepreneur, any claim for correction of errors expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

Product claims

MERGE AS and the End-User acknowledge that MERGE AS, and not App-Distributers, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

product liability claims;
any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

Legal compliance

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

Contact Information

For general inquiries, complaints or questions concerning the licensed Application, please contact: MERGE AS, Post-box 145 Nordstrand, 1112 Oslo, Norway, web@leadtracker.no

Termination

The license is valid until terminated by MERGE AS or by You. Your rights under this license will terminate automatically and without notice from MERGE AS if You fail to adhere to any term(s) of this license. Upon License termination, you shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

Third-party terms of agreements and beneficiary

MERGE AS represents and warrants that MERGE AS will comply with applicable third-party terms of agreement when using licensed Application.

In Accordance with section of Apple’s "Instructions for Minimum Terms of Developer's End-User License Agreement," and section of Google’s “Google Play Developer Distribution Agreement”, Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

Intellectual property Rights

MERGE AS and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, MERGE AS, and not Google or Apple, will be solely responsible for the investigation, defence, settlement and discharge or any such intellectual property infringement claims.

Applicable law

This license agreement is governed by the laws of Norway excluding its conflicts of law rules.

Miscellaneous

If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

Lead Tracker data
Processing Terms

Introduction

These Data Processing Terms (“Data Processing Terms”) constitute an integral part, and shall be read within the context of, the at any time applicable Lead Tracker terms and conditions (“Terms and Conditions”. The Application is operated by MERGE AS (“us”, “we”, or “our”).

The Data Processing Terms apply only when you, as a subscriber to the Application:

is subject to Regulation 2016/679 The General Data Protection Regulation (“GDPR”), and,
use the Service with an active account, in accordance with the Terms and Conditions.

These Data Processing Terms govern our processing of personal data as processor, on behalf of you as controller. All terms used herein which coincide with terms used in the GDPR shall have the meaning assigned to them in the GDPR.

Purpose and subject matter

We will process personal data on behalf of you as the controller, for the purposes of providing the Application in accordance with the Terms and Conditions. We anonymize and aggregate personal data when using data to improve or modify the Services.

Processing of personal data will cover the categories of personal data that are facilitated for by the Application, for the purposes specified above and only to the extent necessary to fulfil such purposes. This may include IP address and user agent, as well as any data you choose to process by using query parameters. The categories of data subjects are visitors to websites where you have incorporated the Application, which may include your prospects, current clients and employees.

Further specification of the processing is included in Appendix 1 Annex 1.

We will also process personal data of anybody you share your site dashboards with.

Your rights and obligations as controller

You agree and warrant that:

You have the right to submit the personal data to us for processing, and that you are responsible for the accuracy, integrity, content and legality of the personal data processing, including the legality of any third country transfer or additional instructions;
Where applicable, that the processing of personal data is covered by a permit, and/or has been notified to the applicable regulatory authorities, and that the processing of personal data is not in violation of applicable law;
You, as controller of the processing, is the party responsible to notify applicable regulatory authorities and/or data subjects in case of a personal data breach, pursuant to the GDPR and other applicable data protection regulations;
You, by way of your risk assessment, have verified that the Services’ security measures are appropriate and proportionate to the applicable processing;
We have provided sufficient guarantees in terms of logical, technical, and organizational security measures.

Our obligations as processor

We will:

only process personal data in accordance with these Data Processing Terms and the Terms and Conditions, or pursuant to your reasonable written instructions.
ensure that persons authorized to process the personal data are subject to adequate confidentiality obligations.
seek to ensure appropriate security when processing personal data, by means of planned and systematic organisation and technical measures pursuant to GDPR article 32.
by appropriate technical and organisational measures, insofar as this is possible, provide reasonable assistance with your obligations pursuant to GDPR article 32 to 36 and for the fulfilment of your obligation to respond to requests for exercising the data subject’s rights as set out in GDPR Chapter III.
in case of a personal data breach, notify you without undue delay after becoming aware of the personal data breach, and assist in providing information necessary for you to comply with your obligations under GDPR article 33 and 34.

Unless prohibited by law, only disclose personal data to government authorities or third parties when strictly necessary to comply with a legally binding request.

You accept and acknowledge that security audits and inspections will be performed by having us, either by ourselves or through an independent third party, ensure regular audits on our data processing activities and systems, as well as our technical and organisational measures.

The results of such audits will be made available to you upon request, and we will reasonably assist in providing additional information should the audit results not be satisfactory for you to demonstrate compliance with statutory data protection regulations.

We reserve the right to claim reasonable compensation for any assistance mentioned in these Data Processing Terms.

Use of sub-processor

We will, by written agreement with our sub-processors, ensure that any processing of personal data carried out by a sub-processor is governed by substantially the same obligations and limitations as those set out in these Data Processing Terms.

In addition, you provide us with your general written authorisation to change an existing or add a new sub-processor. We will provide reasonable notification of any plans to change an existing or add a new sub-processor. You are entitled to object to such an addition or change and must do so by terminating your use of the Application.

Third country transfer

MERGE AS is located in Norway and our servers are located in the EU/EEA.

Any transfer of data to third countries will be subject to your consent and Standard Contractual Clauses issued by the EU Commission, or another applicable transfer mechanism in accordance with the GDPR chapter V.

Deletion of data

Due to the nature of the Application, we do not store any personal data we process on your behalf after it has been aggregated into statistical data.

Appendix 1 - Annex 1 - Description of processing

All data displayed in the Application is accessible and retrieved via separate APIs from providers (LinkedIn/Meta), an access available through an established agreement between said providers and MERGE AS. In other words, the data presented in The Application is a reflection of available data in LinkedIn, Facebook and Instagram.

Personal data imported is First Name, Last Name, Job Title/Place of Work (the latter, if posted on LinkedIn, Facebook and Instagram). In addition, the person's activity data related to the company's own Posts is retrieved, including Likes and Comments by post. The interval for activity data is the last 12 months.

Data is processed and presented in lists and graphs. For example, a) Who has liked or commented on a single Post, b) accumulated values that show a person's overall activity against all company Posts.

Based on available activity data, The Application creates its own KPIs, such as which people have the greatest engagement against all the company's Posts shown in Total Score and Loyalty. Other KPIs in The Application are only related to impersonal information/activity related to each Post, such as sharing a Post, which can only be viewed in numbers, not who shared the actual Post.

Interaction with people from a list can only be achieved through LinkedIn (the own application). In this context, the Application will direct the user to LinkedIn. This means that one cannot create an interaction without having prior acceptance of mutual communication with 3rd parties (as mentioned, this is controlled by LinkedIn).

Data is only accessible when running the Application, loaded in cache where data is temporarily stored for optimization purposes. Our data will not be stored or available when closing the App or at the end of the subscription. Data from the Application cannot be exported or refined.

Privacy policy

This Privacy Policy applies to processing of personal data performed by MERGE AS (“MERGE”), and describes Personal Data we collect, why we collect Personal Data, how we use Personal Data, and the data privacy rights you have as a data subject. Information we collect, legal basis for

MERGE’s collection of personal data for purposes defined below. Personal Data is defined as any information relating to an identified or identifiable natural person.

Any processing of Personal Data by MERGE is conducted in accordance with applicable data protection legislation.

MERGE’ legal basis for processing of Personal Data is:

our legitimate interest in analysing how ads and platforms performs, in order to optimize our promotion of the App.
keep the subscribers updated with relevant information. See section "Googles Insights User Group".

Personal Data processed for promotion of our App.

We will collect and process the following Personal Data when tracking promotion of apps:

Our mobile app uses the app performance and analysis technology Google Analytics and Firebase Console.

When you launch the Lead Tracker app, the above mentioned providers processes install and event data such as App Opens from our iOS and Android mobile app in order to help us understand how our users are interacting with our apps and to optimize and analyse our mobile ad campaigns. For such analysis, the providers uses your mobile identifier like IDFA or Google Play Services ID, and your pseudonymized (hashed) IP- and possibly MAC address.”

Raw Data collected for promotion of our App are stored for 12 months.

Who we share your information with

MERGE will not share the Personal Data of its employees with any third parties, except for the following instances disclosure and reporting due to statutory obligations of which the MERGE is subject to.

MERGE will disclose personal information to other companies in the MERGE group as necessary to carry out the purposes set out in paragraph above. Such extradition may involve transferring of your Personal Data to one of the group of companies outside the EEA. Such transfer is based on a MERGE agreement that the companies in the MERGE group have entered into, which establishes the EU model clauses for transfer of personal data to third countries as the legal basis for such transfer.

Your rights

When providing us with your Personal Data, you may request access to your Personal Data, as well as information on how we process your Personal Data. You may also request rectification, erasure, and restriction of the processing, as well as to have your Personal Data exported in a structured, commonly used and machine-readable format (data portability).

If our processing of Personal Data is based on your consent, you may withdraw your consent at any time. Withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

You may file a complaint to your applicable data protection authority if you are of the opinion that MERGE has failed to comply with your rights as a data subject.

If you wish to opt-out of external tracking, you need to select this in the app or send an email to web@leadtracker.no.

Changes to this privacy policy

MERGE reserves the right to adjust or change this Privacy Policy and notify you of such changes before they are implemented.

Any questions regarding the processing of data, including your rights under section above, may be directed to web@leadtracker.no at MERGE AS.