Analytics data clause: Copy, customize, and use instantly
Introduction
An analytics data clause outlines how usage data, performance metrics, and system-generated analytics may be collected, processed, and used by one or both parties during the course of a business relationship. This clause helps clarify ownership, purpose, privacy safeguards, and rights relating to aggregated or anonymized data.
Below are templates for analytics data clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Standard analytics data clause
This version allows general analytics tracking for service optimization.
The [Provider] may collect and use analytics data derived from the [Customer]’s use of the services, including usage patterns, performance metrics, and technical logs, solely for the purpose of improving service functionality and reliability.
Analytics data clause with anonymization requirement
This version includes safeguards for user privacy.
The [Provider] shall only use analytics data in anonymized or aggregated form, ensuring that no personal data or customer-specific identifiers are included in any reporting or analysis.
Analytics data clause with ownership clarification
This version defines data ownership boundaries.
All analytics data generated through use of the service shall be the property of the [Provider], provided such data does not contain confidential or personally identifiable information of the [Customer].
Analytics data clause with customer opt-out option
This version gives the customer a right to decline analytics tracking.
The [Customer] may opt out of analytics tracking by submitting a written request to the [Provider], in which case all future data collection related to their use of the services shall cease, except where necessary for service delivery.
Analytics data clause with use for benchmarking
This version allows provider to use data for benchmarking.
The [Provider] may use anonymized analytics data across its customer base to generate industry benchmarks, performance insights, and service improvement metrics, provided individual customer identities are not disclosed.
Analytics data clause with audit and retention limits
This version sets controls on data retention.
The [Provider] shall retain analytics data for a maximum period of [12 months] and shall make such data available to the [Customer] for audit or review upon request.
Analytics data clause with use for product development
This version ties analytics to future features.
The [Provider] may use analytics data to inform the development of new features, identify areas of improvement, and optimize system architecture, without disclosing any customer-specific information.
Analytics data clause with consent for third-party tools
This version addresses external analytics platforms.
The [Provider] may use third-party analytics tools to collect data, provided such tools comply with applicable privacy laws and the [Customer] has been informed of their use in advance.
Analytics data clause with exclusion of sensitive data
This version excludes sensitive categories from analytics tracking.
Analytics tracking shall not include sensitive data such as payment information, personal identifiers, or customer content unless explicitly authorized by the [Customer].
Analytics data clause with reporting access for customer
This version gives customer visibility into their own data.
The [Provider] shall provide the [Customer] with access to their own analytics dashboard, enabling real-time insights into usage statistics, system performance, and user activity.
Analytics data clause with defined scope of collected metrics
This version specifies exactly what metrics may be collected.
The [Provider] shall only collect analytics data related to service usage metrics, feature engagement, system errors, and session duration. No content-based or behavioral data shall be collected without consent.
Analytics data clause with limited access to analytics data
This version controls who can access the data internally.
Access to analytics data shall be restricted to authorized personnel within the [Provider]’s operations, product, or engineering teams and shall be subject to internal access controls.
Analytics data clause with real-time analytics updates
This version allows live updates.
The [Provider] may provide the [Customer] with access to real-time analytics data via a dashboard, including live usage trends and performance indicators.
Analytics data clause with joint analytics review sessions
This version allows periodic review between parties.
The parties shall meet [quarterly] to review analytics data, assess usage patterns, and identify opportunities for improved service delivery.
Analytics data clause with system performance tracking
This version includes performance monitoring.
The [Provider] may track analytics data related to system latency, uptime, error rates, and overall performance indicators to maintain optimal service standards.
Analytics data clause with requirement for consent on user behavior tracking
This version limits behavioral analytics unless consented.
The [Provider] shall not collect behavioral analytics such as clickstream analysis or navigation paths without the [Customer]’s prior written consent.
Analytics data clause with compliance reporting use
This version allows analytics data for compliance metrics.
The [Provider] may use analytics data to generate internal compliance reports, provided all such data is de-identified and used solely for audit and regulatory preparedness.
Analytics data clause with time-limited data usage rights
This version sets a usage timeframe.
The [Provider] may use analytics data for a period of [12 months] following its collection, after which such data shall be archived or deleted unless required for legal or operational reasons.
Analytics data clause with metrics visibility by user role
This version allows access based on internal permissions.
The [Customer] may grant role-based access to analytics dashboards, ensuring that each user within the organization sees only data relevant to their role or department.
Analytics data clause with integration into service SLAs
This version connects analytics to SLA tracking.
Analytics data shall be used by the [Provider] to monitor adherence to service level commitments, including uptime guarantees and support responsiveness.
Analytics data clause with notification of data collection scope
This version requires disclosure of data collected.
The [Provider] shall notify the [Customer] of the scope of analytics data being collected, including data types, sources, and processing purposes.
Analytics data clause with restriction on location-based analytics
This version excludes geolocation data.
The [Provider] shall not collect or process location-based analytics unless explicitly authorized by the [Customer].
Analytics data clause with AI-based trend detection
This version allows machine learning use.
The [Provider] may use machine learning tools to analyze analytics data and detect usage trends or performance anomalies for service improvement purposes.
Analytics data clause with feedback-driven analytics refinement
This version ties analytics to customer input.
The [Provider] shall consider customer feedback when refining its analytics metrics, tracking methods, or reporting formats.
Analytics data clause with data deletion on contract termination
This version sets data disposal terms.
Upon termination of this Agreement, the [Provider] shall delete all raw analytics data specific to the [Customer] within [30 days], unless otherwise agreed or required by law.
Analytics data clause with opt-in for enhanced analytics
This version offers optional deeper tracking.
The [Customer] may opt in to enhanced analytics tracking, including advanced behavioral insights and predictive usage modeling, by signing an addendum to this Agreement.
Analytics data clause with anonymized case study permission
This version allows use of analytics in case studies.
The [Provider] may reference anonymized usage data in case studies or promotional materials, provided that the [Customer] is not identifiable in any form.
Analytics data clause with API access for data export
This version allows the customer to retrieve data.
The [Provider] shall provide an API endpoint for the [Customer] to export analytics data for internal review or reporting purposes.
Analytics data clause with defined data sampling methodology
This version adds a data sampling process.
Analytics data may be sampled at regular intervals rather than collected continuously. The [Provider] shall document the sampling frequency and methods in the technical documentation.
Analytics data clause with benchmarking opt-out right
This version separates benchmarking and analytics.
The [Customer] may choose to participate in analytics data collection but opt out of having their anonymized data included in any benchmarking comparisons.
Analytics data clause with third-party data processing safeguards
This version ensures protection if subprocessors are used.
If analytics data is processed by a third-party subprocessor, the [Provider] shall ensure that such subprocessors meet industry-standard data protection requirements.
Analytics data clause with deletion request protocol
This version allows customers to request deletion of analytics.
The [Customer] may request deletion of specific analytics data from the [Provider]’s systems by submitting a written request. The [Provider] shall comply within [15 business days], subject to legal obligations.
Analytics data clause with support interaction logging
This version includes support usage tracking.
The [Provider] may collect analytics data related to customer support usage, including volume, timing, issue categories, and resolution metrics.
Analytics data clause with granular access logging
This version tracks access to analytics data itself.
The [Provider] shall maintain an internal access log for all personnel who view or process analytics data, including timestamps and access levels.
Analytics data clause with customer control over metric definitions
This version allows customization of tracked metrics.
The [Customer] may request customization of the analytics metrics tracked during service usage, subject to technical feasibility and prior approval by the [Provider].
Analytics data clause with reporting frequency commitment
This version sets a reporting cadence.
The [Provider] shall provide analytics reports to the [Customer] on a [monthly/quarterly] basis, including usage summaries and system insights.
Analytics data clause with disclaimer for data accuracy
This version manages expectations about analytics reliability.
The [Provider] does not guarantee the accuracy or completeness of analytics data and shall not be liable for decisions made by the [Customer] based solely on such data.
Analytics data clause with detailed audit log retention
This version sets retention rules for analytics logs.
The [Provider] shall retain analytics audit logs for a period of [12 months], after which logs may be archived or securely deleted.
Analytics data clause with export to third-party BI tools
This version allows integration.
The [Customer] may export analytics data from the platform into third-party business intelligence tools such as [Tableau/Power BI] for deeper analysis.
Analytics data clause with use in predictive modeling
This version permits future-looking analysis.
The [Provider] may use aggregated analytics data to develop predictive usage models to forecast customer needs and improve product planning.
Analytics data clause with confidentiality carve-out
This version excludes analytics from confidentiality.
Analytics data shall not be deemed confidential unless it specifically identifies the [Customer] or contains protected business information.
Analytics data clause with data transformation rights
This version allows the provider to modify the structure.
The [Provider] may process, transform, or aggregate analytics data for internal use, provided that such processing does not expose sensitive or identifiable information.
Analytics data clause with internal audit use
This version ties analytics to internal risk reviews.
Analytics data may be used by the [Provider] for internal auditing purposes, including monitoring policy compliance and operational risk assessments.
Analytics data clause with support for per-user breakdowns
This version adds individual-level reporting.
The [Customer] may request access to per-user usage analytics for internal monitoring of engagement, provided such data complies with applicable privacy laws.
Analytics data clause with exclusion from contractual disputes
This version prevents use of analytics in litigation.
Analytics data shall not be used by either party as evidence in any contractual dispute or legal proceeding unless agreed in writing.
Analytics data clause with feedback loop integration
This version combines analytics with customer feedback.
The [Provider] may use analytics data alongside customer feedback to assess feature effectiveness and identify service gaps.
Analytics data clause with integration into renewal reviews
This version ties analytics to renewal discussions.
Analytics data may be presented as part of the renewal process to highlight usage trends, service value, and performance insights.
Analytics data clause with default aggregation policy
This version sets the default state of aggregation.
All analytics data shall be collected in aggregated form by default. Collection of raw data shall require the [Customer]’s written approval.
Analytics data clause with restriction on cross-customer comparisons
This version prevents overlap.
The [Provider] shall not compare or display one customer’s analytics data alongside another’s, unless both parties have expressly consented in writing.
Analytics data clause with partner usage reporting
This version covers white-labeled or partner models.
Where services are delivered via a partner, the [Provider] may share aggregated analytics data with the partner solely for usage and support analysis.
Analytics data clause with version-specific analytics
This version segments analytics by service version.
Analytics data shall be segmented by service version or release cycle to allow the [Customer] to assess changes in feature usage or performance.
Analytics data clause with review rights before publication
This version allows review of shared insights.
Before publishing any aggregated analytics insights that may indirectly reference the [Customer], the [Provider] shall offer a review opportunity for clarification.
Analytics data clause with right to restrict metric categories
This version allows data-type-specific limitations.
The [Customer] may request that the [Provider] exclude certain metric categories (e.g., file access data, session duration) from analytics tracking.
Analytics data clause with notification of analytics policy changes
This version ensures transparency over future changes.
The [Provider] shall notify the [Customer] in writing of any material change to its analytics data collection or processing policies at least [30 days] in advance.
Analytics data clause with sunset policy for legacy metrics
This version retires outdated metrics.
The [Provider] may phase out legacy analytics metrics with prior notice, ensuring continuity by offering equivalent new metrics or summary data where possible.
Analytics data clause with voluntary participation in analytics beta
This version covers experimental tracking options.
The [Customer] may opt in to analytics beta features to trial new reporting capabilities, with the right to withdraw at any time.
Analytics data clause with exclusion of content-derived analytics
This version prevents analytics on user content.
The [Provider] shall not derive analytics from the content or data uploaded by the [Customer] into the system, unless explicitly authorized.
Analytics data clause with transparency report provision
This version includes accountability reporting.
The [Provider] shall issue a transparency report annually, detailing how analytics data was used, retained, and shared across the organization.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.