Last Revised: December 18, 2025
1. INTRODUCTION
These Tracking Services Terms and Conditions (the “Terms”) govern any tracking services (the “Services”) provided by The N2 Company d/b/a N2 Digital (“N2 Digital”), a Delaware corporation, to its clients. These Terms are incorporated into and form part of the Digital Marketing General Terms and Conditions (“General Terms of Service”). The Services are provided using third-party platforms and technology providers (each a “Service Provider”). Capitalized terms not defined here have the meaning assigned in the General Terms of Services.
The terms “we”, “us”, or “our” shall refer to N2 Digital. The terms “you”, “your”, or “client” shall refer to any individual or entity receiving the Services under these Terms. Capitalized terms not defined here will have the meaning used in the General Terms of Service.
2. ACCEPTANCE OF TERMS
By using the Services, Client agrees to comply with these Terms, as well as any applicable policies, guidelines, and regulations imposed by the relevant Service Provider. We reserve the right to modify these Terms at any time, with changes effective upon posting online. Continued use of the Services after such changes or modifications constitutes acceptance of the updated terms.
3. SCOPE OF SERVICES
1) Tracking Services. The Tracking Services identified below may be provided to enable you to assess the performance of your marketing campaigns.
a) Phone Tracking. Phone tracking tracks the phone calls you receive by providing one or more tracking phone numbers that are dynamically displayed on the Destination Page (defined below) in lieu of your phone number(s) and that forward to your phone number(s). Pursuant to this Agreement, you do not own and will not obtain any ownership interest in the tracking numbers. “Destination Page” means a web page, such as your existing website (“Existing Site”) or another web page that N2 Digital creates pursuant to a campaign, that consumers are directed to as a result of the campaign.
b) Email and Form Tracking. Email tracking services track emails sent through your Existing Site. Tracking emails and forms are routed through N2 Digital or third-party servers and forwarded to the email addresses you provide. N2 Digital may access and review tracking emails and form submissions for purposes of quality assurance, campaign assessment, and similar purposes. Although N2 Digital will use commercially reasonable efforts to deliver all tracking emails and form submissions, it does not guarantee that 100% of tracking emails or form submissions will be delivered to you.
c) Other Tracking. The Services may also include tracking of specific events on your site, such as visits to a specific landing page or a contact us page, and the visitors to your site, including the visitor’s browser type (e.g., Google Chrome or Internet Explorer), IP address, or date and time of the visit. To enable N2 Digital to link data from multiple advertising platforms and purchase ads in multiple places, N2 Digital may also use cookies, pixels, or similar technologies from third-party publishers to deliver the Services.
2) Data Retention. N2 Digital is not obligated to keep or maintain data obtained in connection with the Tracking Services for more than 30 days following the collection of such data.
3) Your Duty to Notify N2 Digital of Changes to Existing Site. To avoid disrupting the Services, you must provide N2 Digital with at least fourteen (14) days’ prior written notice of any changes to the Existing Site (including URL changes). You acknowledge that unannounced changes by you to the Existing Site (including tracked phone numbers or email addresses) may cause the Services to fail, and that N2 Digital will not be responsible for any such failure caused by your failure to provide timely notice of changes to the Existing Site. Any such failure will not excuse your obligations to pay all amounts owed under any applicable Order Form.
4) Tracking Services Disclaimer. N2 Digital cannot and does not guarantee that the Services will track every instance of activity that is intended to be tracked. Without limiting the generality of the foregoing, the Services may not fully function under certain circumstances, including (among others):
a) The Existing Site significantly uses Flash or embedded images,
b) The consumer disabled the use of cookies, or
c) You have used an incorrect tracking URL.
5) Phone Tracking Special Terms.
a) Tracking Numbers. Where applicable, N2 Digital will first attempt to set up a local tracking phone number and then a number in the same area code, but if such tracking numbers are unavailable, you hereby authorize N2 Digital to set up a toll-free tracking number instead.
b) Your Options. Using the Order Form, you may elect for Phone Tracking to include the following features (collectively “Call Tracking Features”):
i) Call Recording, where inbound phone calls are recorded and attributed to a campaign, and
ii) Caller ID, where the caller’s phone number is used to look up their name and address.
By electing Call Tracking Features, you represent, warrant, and covenant that you have and will maintain all necessary rights to implement and use such tracking features.
You acknowledge that N2 Digital disclaims all liability that may arise out of or in relation to the implementation of any Call Tracking Features.
Call Recording Specifics. When you elect Call Recording, you understand that an initial recording is played to consumers at the outset of calls, which will, among other things, notify the consumer that the call is being recorded. You must advise all your employees that their calls may be recorded and ensure that such recordings and notifications comply with all laws, regulations, and practices applicable to you or your business. Any attempts to frustrate, disrupt, or prevent the playing of a recording or the failure to advise your employees of the recording may expose you to material liability.
c) Call Review. N2 Digital has the right but not the obligation to access and review all Call Recordings for purposes of quality assurance, campaign assessment, and all other lawful purposes.
d) Call Blocking. In its sole discretion, N2 Digital may block third-party phone numbers from calling the tracking phone numbers.
e) Custom Tracking Campaign Cycles. In the event N2 Digital provides you Custom Tracking, the Campaign Cycle is each 30-day period in which the services are provided during the Campaign Period, unless earlier terminated by the parties per the General Terms of Service.
6) COPPA. N2 Digital does not knowingly collect information that personally identifies children under 13 years of age. If N2 Digital learns that our Services are being used on a site or app directed at children, we will restrict our Services to uses permitted under the Children’s Online Privacy Protection Act (“COPPA”) or terminate your use of the Services.
7) HIPAA. To the extent that (i) you are covered by the Health Insurance Portability and Accountability Act, as codified at 45 C.F.R. parts 160 and 164 (“HIPAA”), and (ii) you elect the Services or fail to opt out by notice to N2 Digital, you acknowledge and agree as follows:
a) That any PHI or ePHI (each defined below) collected hereunder is done so at your express request. For the purposes of this Agreement, Protected Health Information (“PHI”) and Electronic Protected Health Information (“ePHI”), as respectively defined by HIPAA, are limited to information that N2 Digital, or its third-party service providers, received from you, or created or received on your behalf in connection with N2 Digital providing the Services.
b) That N2 Digital and its third-party service providers are expressly authorized to collect the PHI and ePHI needed to effect the call recording services contemplated here.
c) That you have full right to collect such information and that you will use any such information in strict compliance with all applicable legal requirements. You must provide prompt written notice to N2 Digital if your right to collect such information becomes impaired.
d) You must provide immediate written notice to N2 Digital if you receive a complaint from a consumer, governmental agency, or quasi-governmental agency for matters related to these Terms.
8) No Intent to Use E.U. Personal Data. N2 Digital does not knowingly target or collect information from residents of the European Union, European Economic Area, United
Kingdom, or Switzerland (each, a “Foreign Data Subject”). If you provide N2 Digital personally identifiable information related to a Foreign Data Subject or believe your marketing services are targeting Foreign Data Subjects, you must provide prior written notice to N2 Digital so that N2 Digital has opportunity to implement appropriate safeguards. You represent and warrant that you possess the lawful consent and authority necessary to provide such data and to authorize N2 Digital to exercise its rights and process such data in connection with the Marketing Services.
9) Service Provider Relationship.
a) In delivering the Services to you, N2 Digital collects, retains, uses, discloses, and otherwise processes your Business Data (as defined below) to fulfill its obligations as your service provider under this Agreement, for your operational purposes, for N2 Digital’s operational purposes, for other notified purposes, and for no other purposes. Without limiting the foregoing, such proper purposes include, and you hereby direct N2 Digital to, collect, retain, use, disclose, and/or otherwise process your Business Data for the purposes (i) set forth in Cal. Civ. Code § 1798.140 (or applicable amended section of the California Consumer Privacy Act (Cal. Civ. Code §§ 1798.100 – 1798.199), and regulations promulgated thereunder (“CCPA”), (ii) as other Applicable Law may require, (iii) to comply with instructions you may provide to N2 Digital from time to time in connection with this Agreement, including without limitation to deliver your campaigns and services on various online properties and platforms, for which N2 Digital is not responsible, and (iv) to disclose your Business Data to third-party service providers for the purpose of providing the Services, provided that N2 Digital will ensure that any such third-party service provider is bound by restrictions that are the same or similar to those set forth here. N2 Digital does not “Sell” your Business Data as such term is defined by the CCPA.
b) As used in this Section, (i) “Applicable Law” means all generally applicable state and federal laws and regulations with respect to N2 Digital processing your Business Data, including, without limitation, the CCPA, and (ii) “Business Data” means Personal Information (as defined by the CCPA) that N2 Digital collects, retains, uses, or discloses on your behalf in delivering the Marketing Services to you per this Agreement.
c) You and N2 Digital mutually acknowledge and certify that both parties understand and will comply with the restrictions and obligations set forth in this Section.
4. WARRANTY; LIMITATIONS OF LIABILITY; INDEMNITY; DISPUTE RESOLUTION
You expressly agree and acknowledge that your use of the Services is subject to the entirety of our General Terms of Service, and specifically those sections governing N2 Digital’s Limitation of Liability, your obligations of Indemnification arising from or relating to your use of the Services, and the parties’ agreed-upon procedure for Dispute Resolution, including arbitration.
