MetricNetPerformance Benchmarking
Terms of Service

TERMS AND CONDITIONS

The MetricNet Master Data License Agreement and Refund Policy. Every purchase from the MetricNet shop and every custom data file order is made under these terms.

Updated October 23, 2026

METRICNET MASTER DATA LICENSE AGREEMENT AND REFUND POLICY

TERMS AND CONDITIONS

Scope of Agreement; Definitions.  This Agreement is between You and MetricNet, LLC, a Virginia limited liability corporation, and covers (i) the license and permitted use of MetricNet Reports, information, data, benchmarks, calculators, scorecards, presentations, tools, templates, presentation formats, methodologies, and all other content and materials purchased by You.  Unless otherwise defined in this section, the capitalized terms used in this Agreement shall be defined in the context in which they are used. The following terms shall have the following meanings:

“Company” means the legal entity specified in the Order and does not include any of its subsidiaries or affiliates.

“Ordered Reports” means any Reports or other content, including but not limited to benchmarks, scorecards, calculators, tools, templates, PowerPoint presentations, documents and reports in PDF format, Excel spreadsheets, Word documents, raw data in any format whatsoever, or other information, ordered by You from this website pursuant to a valid order.

“Order” means a valid order for specified MetricNet Reports placed by You through this website.

“Reports” means the presentations, documents and reports in PDF or PowerPoint format, Excel spreadsheets, Word documents, raw data in any format whatsoever, or any other information created by MetricNet and offered for license through this website.

“You” or “Your” means (i) the Company that you represent and/or are employed by or (ii) the person placing the order if acting in an individual capacity and not on behalf of a legal entity.

Grant of License.  In conjunction with Your purchase of a License to the MetricNet Reports, You are granted either an Internal License or a Single Use Consulting License as follows:

Internal Use License.  If You desire to use the Ordered Reports solely for Your internal purposes and not for providing consulting services, You are granted a non-exclusive, non-transferable right and license (i) to download the Ordered Reports once from the Website to a single computer, (ii) to maintain a reasonable number of electronic copies of the Ordered Reports and (iii) to maintain a reasonable number of paper copies of the Ordered Reports; provided that all electronic and paper copies reside with You and are for Your internal use only.  With this license grant, in addition to the License Restrictions set forth in Section 3 below, You are not allowed to use the Ordered Reports in conjunction with any consulting services or projects external to You or Your Company. Once You have used the Ordered Reports for internal purposes, You may not use the Ordered Reports for providing consulting services external to You or Your Company.

Single Use Consulting License.  If You are a consulting company or provide consulting services external to You or Your Company and desire to use the Ordered Reports to provide consulting and advisory services to one of Your clients or customers, and not for Your internal purposes, You are granted a non-exclusive, non-transferable right and license (i) to download the Ordered Reports once from the Website to a single computer, (ii) to maintain a single electronic copy of the Ordered Report, (iii) to maintain a single paper copy of the Ordered Report and (iv) to use the Ordered Report once solely in conjunction with a single consulting project for a single client or customer.  With this license grant, in addition to the License Restrictions set forth in Section 3 below, You are not allowed to use the Ordered Reports for Your internal purposes. Once You have used the Ordered Reports for providing consulting services, You may not use the Ordered Reports for internal purposes.

The forgoing notwithstanding, any use of the reports in whole or in part, either internally or for consulting purposes, must clearly show MetricNet as the originator and author of the reports, and must prominently display the MetricNet website address on the reports, www.metricnet.com.

License Restrictions.

Prohibited Acts.  You are prohibited from (a) making any copies of the Ordered Reports, in whole or in part, in excess of the number of copies specified in the Order, (b) transmitting or distributing the Ordered Reports, in whole or in part, outside of the Company, or to its subsidiaries or affiliates, in the event You are a Company, or to any other person if You are an individual, (c) making the Ordered Reports available through a website for viewing or downloading, (d) sharing the reports, in whole or in part, electronically, by oral communication, or in print format, with Your customers or clients without first purchasing a Single Use Consulting License from MetricNet, (e) using any data or information from the reports in articles, press releases, research papers, conferences, presentations, symposia, or any other medium that will be shared outside of You or Your company, (f) using any data or information from the reports for consulting and advisory purposes to customers or clients outside of You or Your company without first purchasing a Single Use Consulting License from MetricNet or (g) removing, altering or obscuring any copyright or proprietary notice, labels or marks on any Ordered Reports.

Intellectual Property. MetricNet retains all title, copyright and other intellectual proprietary rights in, and ownership of, the Ordered Reports regardless of the type of access or media upon which the original or any copy may be recorded or fixed. This Agreement does not transfer to You any title or any ownership right or interest in any Ordered Report.  You do not acquire any rights, express or implied, other than those expressly granted in this Agreement.

Intellectual Property Indemnification.  MetricNet shall at its expense defend You against all claims arising out of any third party allegation that the Reports or Ordered Reports provided by MetricNet infringe a United States or Canadian patent, copyright or trademark or other similar intellectual property right, and in addition, MetricNet will pay any judgment awarded against You or any settlement agreement agreed to by MetricNet.  Notwithstanding the above, MetricNet is not liable to indemnify or defend You for (i) claims based on modifications to the Reports performed by parties other than MetricNet; or (ii) Client’s use of the Reports in a way not authorized by this Agreement. MetricNet shall at its option and expense, (i) obtain rights for You to continue using the Reports, (ii) replace the Reports so as to perform materially in accordance with the sales materials without infringement, or if (i) or (ii) are not achievable after MetricNet has exerted commercially reasonable efforts, MetricNet may terminate the Agreement and refund You all of the fees for the then current term of the Agreement.  This section recites Your exclusive remedy for any infringement Claims or damages.

Indemnity Procedures.  You shall: (i) within thirty (30) days after becoming aware of any claim, give written notice of the claim to MetricNet; (ii) grant sole control of the defense and settlement of the claim to the MetricNet; and (iii) provide reasonable cooperation to the MetricNet and, at MetricNet’s request and expense, assistance in the defense or settlement of the claim.

Limited Warranty and Disclaimer.

Warranty.  MetricNet warrants that it has the right and authority to make the Ordered Reports available for license pursuant to the terms herein.   

Disclaimer.  THE FOREGOING EXPRESS WARRANTIES REPLACE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS BY THE PARTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.  THE ORDERED REPORT(S) AND ALL DATA AND INFORMATION CONTAINED THEREIN ARE “AS IS” WITHOUT WARRANTY OF ANY KIND AND METRICNET EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, VALUE, ORIGIN, DATE, OR USEFULNESS OF THE ORDERED REPORTS OR THE DATA AND INFORMATION CONTAINED THEREIN.

Exclusive Remedy.  MetricNet’s sole obligation and liability, and Your sole and exclusive remedy, under the warranties set forth in this section shall be for MetricNet to use commercially reasonable efforts to remedy the problem, provided that MetricNet is notified in writing of all warranty problems during the applicable warranty period.

Limitations and Exclusions.  IN NO EVENT WILL A PARTY’S AGGREGATE LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS) ARISING FROM OR RELATED TO THIS AGREEMENT OR AN ORDERED REPORT EXCEED MORE THAN THREE TIMES THE AMOUNT PAID BY YOU TO METRICNET FOR THE ORDERED REPORT GIVING RISE TO SUCH ACTION.  IN NO EVENT WILL A PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, DAMAGES (INCLUDING WITHOUT LIMITATION, LIABILITIES RELATED TO A LOSS OF USE, PROFITS, GOODWILL OR SAVINGS OR A LOSS OR DAMAGE TO ANY SYSTEMS, RECORDS OR DATA) WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED IN ADVANCE OR AWARE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.  

Verification.  At MetricNet’s request You agree to complete a self-audit questionnaire in a form provided by MetricNet.  If an audit reveals unlicensed use of the Ordered Reports, You agree to promptly order and pay for sufficient licenses to permit all usage disclosed.

Termination. The license right granted herein shall terminate automatically upon Your violation of Section 2 (Grant of License) or Section 3.1 (Prohibited Acts).  Upon termination of the license, You shall destroy all electronic and paper copies of the Reports.

Remedies.

Injunction. You acknowledge that the Reports are unique and valuable, and that use or disclosure of the Reports in breach of this Agreement will result in irreparable injury to MetricNet for which monetary damages alone would not be an adequate remedy.  Therefore, You agree that in the event of a breach or threatened breach of the license rights and restrictions herein, MetricNet shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond.  Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages.

Damages. In addition to, and not in lieu of, any rights or remedies available under law, in the event You are found to be in violation of Section 2 (Grant of License) or Section 3.1 (Prohibited Acts), You agree to pay MetricNet (i) as liquidated damages, an amount equal to $10,000 for each violation, plus an additional $10,000 for each violation that is determined by a court to be the result of Your intentional or grossly negligent conduct and (ii) for any attorneys fees and expenses incurred by MetricNet in conjunction with the enforcement of this agreement.   

Refund Policy.

Any Ordered Reports purchased by YOU from this website, pursuant to a valid order, are NON-REFUNDABLE.  ALL PURCHASES ARE FINAL.  

No Ongoing Duty.

Upon completion of all contracted deliverables, including but not limited to benchmarking reports, benchmarking data, research studies, outsourcing analyses, procurement assistance and related deliverables, MetricNet shall have no further obligation to provide additional services, respond to inquiries unrelated to the deliverables, or furnish further information, unless expressly agreed upon in a separate written agreement. Any additional need for support, consultation, additional benchmarking or information outside the scope of this Agreement requires a separate advisory or consulting agreement, subject to MetricNet’s availability and standard consulting rates.

Miscellaneous.

Legal Compliance; Restricted Rights.   Each Party agrees to comply with all applicable Laws.  Without limiting the foregoing, You agree to comply with all U.S. export Laws and applicable export Laws of Your locality (if You are not located in the United States), and You agree not to export any Ordered Reports or other materials provided by MetricNet without first obtaining all required authorizations or licenses.  

Government Use.  In the event that You are an agency of the United States Government or that a license granted hereunder is pursuant to a contract with either a defense or civilian agency of the United States Government, You acknowledge that the Reports provided to You hereunder constitute Limited Rights Data developed at private expense and are subject to the terms and restrictions of this Agreement pursuant to FAR 27.405-3 and DFARS 227.7202.  

Governing Law; Severability.  This Agreement shall be governed by the laws of the State of Nevada, USA, without regard to choice-of-law provisions.  If any provision of this Agreement is held to be illegal or unenforceable for any reason, then such provision shall be deemed to be restated so as to be enforceable to the maximum extent permissible under law, and the remainder of this Agreement shall remain in full force and effect.  You and MetricNet agree that this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods.

General.  This Agreement is the Parties’ complete agreement regarding the licensing of Reports and other subject matter, superseding any prior oral or written communications.  Amendments or changes to this Agreement must be in mutually executed writings to be effective. Any terms or conditions in a purchase order shall be void and have no effect, and the provisions of this Agreement shall control.  Sections 2, 3, 4, 5 and 8 shall survive the termination or expiration of this Agreement.

MetricNet, LLC
email: [email protected]
www.metricnet.com

PRIVACY POLICY

At MetricNet, LLC, your privacy and data protection is incredibly important. The following Privacy Policy outlines how MetricNet uses the information you provide via forms on our website, what MetricNet collects during a variety of situations, how we protect your information, and finally, your rights when it comes to updates and removal requests.

MetricNet’s Privacy Policy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). The information contained herein is designed to be transparent and understandable.

This policy is effective from October 23, 2026 and immediately replaces any and all previous MetricNet Privacy Policies. MetricNet may, from time to time, make changes to this Privacy Policy. When significant changes are made and as required by law, MetricNet may email you for your consent. When changes are not deemed significant or when notifications are not required by law, we will simply update this web page. It is your responsibility as a user of MetricNet services to make sure that you are aware of changes posted on this web page, by regularly checking for any changes. Changes posted on this page will become effective as soon as they are posted and the effective date in this paragraph will change.

We have structured our Privacy Policy as follows:

1.0 Data Collection, Data Use and Data Processing – What personal information we collect in various situations. Data Use – How we intend to use your personal information in various situations. Data Processing – The reason we collect personal information in various situations;

2.0 Data Sharing – MetricNet will never rent or sell your information to any other entities; however, in some cases, it may be necessary to disclose your personal information to other organizations (i.e. when processing a payment for a downloadable benchmark.)

3.0 Data Rights – Your rights as it relates to updates and removals.

4.0 Cookies – How MetricNet uses cookies.

5.0 Plugins – Plugins used on our website and their respective Privacy Policies

6.0 Data Storage – The length of time you can anticipate your data to be saved in various situations.

7.0 Contact Information – How to reach MetricNet with questions about this Privacy Policy, data updates or data removal.

1.0 Data Collection, Data Use and Data Processing

1.1 General Identifying Data

MetricNet collects a series of general data and information when you call up the website. This general data is stored in the server log files. Information collected may include (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using this general data and information, MetricNet does not draw any conclusions about you. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, MetricNet analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data in server log files is stored separately from all personal data provided by you.

1.2 MetricNet Membership and the Resource Library

When visiting certain pages on MetricNet.com, you will be presented with an opportunity to become a MetricNet member, which gives access to our resource library. Membership is free. During registration we ask for (1) your name, (2) your email address and (3) a password of your choosing, and membership is granted at registration.

MetricNet informs its customers and members regularly by means of email announcement about new products, upcoming webcasts and upcoming events. The resource library may only be accessed by signing in to your account. If you choose to sign in by email link instead of a password, we send a one-time sign-in link to the email address you enter; that message is used to prove that you control the address.

During the registration for the resource library, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by you at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address at a later date, and it therefore serves the aim of the legal protection of MetricNet.

In addition, subscribers to the resource library may be informed by e-mail, as long as this is necessary for the operation of the resource library service or a registration in question, as this could be the case in the event of modifications to the resource library, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the resource library service to third parties, other than the service providers listed in section 2.0 that store and deliver it on our behalf. The subscription to our resource library may be terminated by you at any time. The consent to the storage of personal data, which you have given for access of the resource library, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each email announcement. It is also possible to unsubscribe from the resource library at any time by contacting us using the information in section 7.0 of this Privacy Policy.

1.3 Purchase of a Downloadable MetricNet Benchmark

When visiting certain pages on MetricNet.com, you will be presented with an opportunity to purchase a downloadable benchmark, report, tool or custom data file. During this process we use (1) your name and email address from your MetricNet account, (2) the details of your order, and (3) your payment card details, which you enter on a checkout page hosted by Stripe; they never pass through MetricNet’s servers. A purchase requires a free MetricNet account.

During the purchase of a downloadable benchmark, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by you at the time of the registration, as well as the date and time of the purchase. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address or credit card at a later date, and it therefore serves the aim of the legal protection of MetricNet.

In addition, purchasers of a downloadable benchmark may be informed by e-mail, as long as this is necessary for the operation of the online shop or a purchase in question, as this could be the case in the event of modifications to the benchmark purchased, or in the event of a change in technical circumstances. There will be a transfer of personal data collected by the shop to third parties in the event of a credit card sale. Details of this data transfer can be found in section 2.0 of this Privacy Policy. Your MetricNet account also gives access to our resource library, and that access may be terminated by you at any time. The consent to the storage of personal data, which you have given for access of the downloadable benchmark, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each email announcement. It is also possible to unsubscribe from MetricNet communication at any time by contacting us using the information in section 7.0 of this Privacy Policy.

1.4 Quote and Contact Forms

When visiting certain pages on MetricNet.com, you will be presented with an opportunity to request a quote or contact us. During this process we ask for (1) your name, (2) your email address, (3) your phone number, (4) your company name, and (5) the subject and text of your message.

During the completion of a quote or contact form, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by you at the time of the form completion, as well as the date and time of the form completion. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address at a later date, and it therefore serves the aim of the legal protection of MetricNet.

In addition, you may be contacted by e-mail or phone, as long as this is necessary for the operation of the form being completed. There will be no transfer of personal data collected by the quote or contact form to third parties, other than the service providers listed in section 2.0 that store and deliver it on our behalf. The consent to the storage of personal data, which you have given for MetricNet to contact you, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each email announcement. It is also possible to unsubscribe from MetricNet communication at any time by contacting us using the information in section 7.0 of this Privacy Policy.

2.0 Data Sharing

MetricNet will never rent or sell your personal data. MetricNet uses the following service providers to operate MetricNet.com; each processes personal data only on MetricNet’s behalf and under its own privacy policy: Stripe, Inc. (payment processing, described below); Brevo (email announcements, section 5.4); Google LLC (Google Workspace, through which MetricNet’s business email, including form notifications and account emails, is delivered, and Google Analytics 4, section 5.2); Cloudflare, Inc. (network security and content delivery for the website, which sees the IP address of every request; https://www.cloudflare.com/privacypolicy/); and Hetzner Online GmbH (hosting of the website and its database on servers located in Ashburn, Virginia, United States; https://www.hetzner.com/legal/privacy-policy).

MetricNet uses Stripe for payment processing on MetricNet.com. Stripe is an online payment service provider that processes credit and debit card payments.

When you purchase from the online shop or order a custom data file, you are taken to a checkout page hosted by Stripe to enter your payment details. By completing the payment you agree to the transfer of the personal data required for payment processing.

Your card number, expiration date and security code are entered on Stripe’s page and are transmitted directly to Stripe. MetricNet does not receive or store them. MetricNet transmits to Stripe your email address and the details of your order, and Stripe collects your name, billing address and the IP address used for the payment. The processing of the purchase contract also requires such personal data as is connected with the respective order.

The transmission of the data is aimed at payment processing and fraud prevention. Stripe may use the data for identity and fraud checks as described in its privacy policy.

Stripe will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.

You have the possibility to revoke consent for the handling of personal data at any time from Stripe. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.

The operating company of Stripe is Stripe, Inc., 354 Oyster Point Boulevard, South San Francisco, California 94080, United States. The applicable data protection provisions of Stripe may be retrieved under https://stripe.com/privacy.

3.0 Data Rights

3.1  Right of confirmation
You shall have the right granted by the European legislator to obtain from MetricNet the confirmation as to whether or not personal data concerning you is being processed. If you wish to exercise this right of confirmation, you may, at any time, contact any employee of MetricNet.

3.2 Right of access
You shall have the right granted by the European legislator to obtain from MetricNet free information about your personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant you access to the following information:

the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from you, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, you shall have a right to obtain information as to whether personal data is transferred to a third country or to an international organization. Where this is the case, you shall have the right to be informed of the appropriate safeguards relating to the transfer.

If you wish to exercise this right of access, you may, at any time, contact any employee of MetricNet.

3.3 Right to rectification
You shall have the right granted by the European legislator to obtain from MetricNet without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If you wish to exercise this right to rectification, you may, at any time, contact any employee of MetricNet.

3.4 Right to erasure (Right to be forgotten)
You shall have the right granted by the European legislator to obtain from MetricNet the erasure of personal data concerning you without undue delay, and MetricNet shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
You withdraw consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
The personal data has been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which  MetricNet is subject.
The personal data has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and you wish to request the erasure of personal data stored by MetricNet, you may, at any time, contact any employee of MetricNet. An employee of MetricNet shall promptly ensure that the erasure request is complied with immediately.

Where MetricNet has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, MetricNet, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other parties processing the personal data that you have requested erasure by such parties of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of MetricNet will arrange the necessary measures in individual cases.

3.5 Right of restriction of processing
You shall have the right granted by the European legislator to obtain from MetricNet, restriction of processing where one of the following applies:

The accuracy of the personal data is contested by you, for a period enabling MetricNet to verify the accuracy of the personal data.
The processing is unlawful and you oppose the erasure of the personal data and requests instead the restriction of their use instead.
MetricNet no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims.
You have objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of MetricNet override those of you.
If one of the aforementioned conditions is met, and you wish to request the restriction of the processing of personal data stored by MetricNet, you may at any time contact any employee of MetricNet. The employee of MetricNet will arrange the restriction of the processing.

3.6 Right to data portability
You shall have the right granted by the European legislator, to receive the personal data concerning you, which was provided to MetricNet or a third party, in a structured, commonly used and machine-readable format. You shall have the right to transmit this data to another third party without hindrance from the third party to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in MetricNet or a third party.

Furthermore, in exercising your right to data portability pursuant to Article 20(1) of the GDPR, you shall have the right to have personal data transmitted directly from one third party to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, you may at any time contact any employee of MetricNet.

3.7 Right to object
You shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning you, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

MetricNet shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

If MetricNet processes personal data for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If you object to MetricNet processing for direct marketing purposes, MetricNet will no longer process the personal data for these purposes.

In addition, you have the right, on grounds relating to your particular situation, to object to processing of personal data concerning you by MetricNet for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, you may contact any employee of  MetricNet. In addition, you are free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use your right to object by automated means using technical specifications.

3.8 Automated individual decision-making, including profiling
You shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you, or similarly significantly affects you, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between you and MetricNet or a third-party, or (2) is not authorized by Union or Member State law to which MetricNet is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or (3) is not based on your explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between you and MetricNet or a third-party, or (2) it is based on your explicit consent, MetricNet shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of MetricNet, to express your point of view and contest the decision.

If you wish to exercise the rights concerning automated individual decision-making, you may, at any time, contact any employee of MetricNet.

3.9 Right to withdraw data protection consent
You shall have the right granted by the European legislator to withdraw your consent to processing of your personal data at any time.

If you wish to exercise the right to withdraw the consent, you may, at any time, contact any employee of MetricNet.

4.0 Cookies

MetricNet.com uses cookies to recognize our website users. Cookies are text files that are stored in a computer system via an Internet browser.

MetricNet.com sets the following cookies: a sign-in cookie when you log in to your MetricNet account, which keeps you signed in for up to one year or until you sign out; a short-lived cookie while an email sign-in link is pending; and the Google Analytics 4 cookies (_ga and _ga_*) described in section 5.2. MetricNet sets no advertising cookies.

Many Internet sites and servers uses cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, MetricNet is able to provide you with a more user-friendly website experience that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind.  The purpose of this recognition is to make it easier for users to utilize our website. Any website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

You may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If you choose to deactivate cookies in the Internet browser used, not all functions of our website may be entirely usable.

5.0 Plugins

5.1 YouTube

On this website, MetricNet has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by MetricNet and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of you are automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by you.

If you are logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by you. This information is collected by YouTube and Google and assigned to the respective YouTube account of you.

YouTube and Google will receive information through the YouTube component that you have visited our website, if you at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for you, the delivery may be prevented if you log off from your own YouTube account before a call-up to our website is made.

YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

5.2 Google Analytics 4

On this website, MetricNet has integrated Google Analytics 4, a web analytics service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. Google Analytics uses cookies (_ga and _ga_*) to recognize your browser across visits and records the pages you view, the website you came from, the approximate region of your visit, the device and browser you use, and the date, time and duration of your visit, so that MetricNet can understand how the website is used and improve it.

Google Analytics 4 does not log or store your IP address; it is used only momentarily to derive the approximate location of the visit. The data is processed by Google on MetricNet’s behalf and may be transferred to and stored on Google servers in the United States. You may prevent the setting of these cookies through the settings of your Internet browser, delete cookies already set at any time, or install Google’s browser add-on available at https://tools.google.com/dlpage/gaoptout, which stops data about your visits from being sent to Google Analytics.

Google’s data protection provisions are available at https://policies.google.com/privacy.

5.3 Share links to LinkedIn and X

Articles on this website offer links to share the page on LinkedIn and on X. These are ordinary links, not embedded plug-ins or buttons. No component from LinkedIn or X is loaded when you view a page, and nothing is transmitted to either company unless you click a share link, at which point you leave our website and their privacy policies apply: https://www.linkedin.com/legal/privacy-policy and https://x.com/privacy.

5.4 Email Service (Brevo)

MetricNet sends its email announcements to subscribers and members through Brevo. Brevo is an Internet email service that enables organizations to send email in batches to users for a monthly fee.

The operating company of Brevo is Brevo (formerly Sendinblue SAS), 7 rue de Madrid, 75008 Paris, France.

The emails from MetricNet contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, MetricNet may see if and when an e-mail was opened by you, and which links in the e-mail were called up by you.

Such personal data collected in the tracking pixels contained in the emails is stored and analyzed by MetricNet in order to optimize the sending of emails, as well as to adapt the content of future emails even better to the interests of you. You are at any time entitled to revoke the respective separate declaration of consent issued by means of the unsubscribe procedure. After a revocation, this personal data will be deleted by MetricNet. MetricNet automatically regards an unsubscribe from the receipt of the email as a revocation.

Brevo’s data protection provisions, available at https://www.brevo.com/legal/privacypolicy/, provide information about the collection, processing and use of personal data by Brevo.

6.0 Data Storage

6.1 Routine erasure and blocking of personal data
MetricNet shall process and store your personal data only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which MetricNet is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with legal requirements.

6.2. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

7.0 Contact Information

Contact information for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

MetricNet, LLC

1349 Valais Way

Incline Village, NV 89451

United States

Phone: 775.298.7772

Email: [email protected]

Website: https://www.metricnet.com