ACT-ON PLATFORM USER DATA
If you wish to subscribe to our newsletter(s), blogs or similar communications, we will use your name and email address to send the content to you. You may choose to stop receiving any content we send to you by following the unsubscribe instructions included in these emails or you can contact us at [email protected].
Data Collection—Data You Provide Directly to Us
We collect the e-mail addresses, phone numbers, and certain personal information of those who communicate with us via e-mail or register with us to access the Services. We collect information volunteered by the users (such as any surveys Act-On might conduct, through interactive features, and/or site registrations). We may collect personal data and details associated with your purchases, including payment information. When you request a Beta account on the Services, we ask for the following information: your name, your company name, telephone number, and a valid e-mail address at which we may contact you. Users of the Services are also asked to provide their company’s postal address and time zone to better personalize their account. When you submit information, you are transferring such information into the United States and you hereby consent to such transfer and have gained the necessary consent to do so.
Data Collection—Data We Collect Automatically
We also collect certain information automatically when you use our Services in the following ways.
Automatic Collection of Personal Information. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.
- Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity, improve security, or allow you to make use of our functionality;
Statistics and Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);
Preferences and Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
Advertising, Marketing, or Targeting-Related. We may use first party or third-party Technologies, including cross-device tracking, to deliver content, including ads relevant to your interests, on our Services or on third-party digital properties. You can control the use of these Technologies as described below under “Cookie Controls.”
Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. These Technologies allow us to better understand how our digital Services are used and to continually improve and personalize our Services. Some of the analytics partners include:
Cookie Controls. You can set your cookie preferences on our Site, including opt-out of certain cookies, and review the cookies we use by clicking here or by contacting us as described below in the Questions section.
You may also stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others.
In addition, the online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
Please note you must separately opt out in each browser and on each device.
Social Media (Features) and Widgets
Data Collection—Data We Collect From Third Parties
Third-Party Services and Sources. We may obtain personal information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect personal information about you from that third-party application that you have made available via your privacy settings. We may receive information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you. This helps us to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your personal information, we will only use that personal information for the specific reason for which it was provided to us.
DATA USES AND SHARING
Use and Sharing of Information
We may provide your personal information to companies that provide services to help us with our business activities such as live chat or payment processing. You agree that these companies are authorized to use your personal information only as necessary to provide these services to us.
The personal information we collect is not otherwise shared with other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, when such sharing may be in our legitimate interests, or under the following circumstances:
· as required by law, such as to comply with a subpoena, legal proceedings, or similar legal process
· when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
· in certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements,
· to investigate potential violations of the Act-On Acceptable Use Policy,
· to investigate potential violations of the Act-On Agreement or other agreement in place between Act-On and a third party,
· if Act-On Software, Inc. is involved in a merger, acquisition, or sale of all or a portion of its assets, your personal information may shared with the counter-party but you will be notified via email and/or by a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Links to Other Websites
Local Storage Objects (HTML 5)
We use Local Storage Objects (LSOs) such as HTML5 to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML 5. Various browsers may offer their own management tools for removing HTML5 LSOs.
Behavioral Targeting /Re-Targeting
With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you must contact us at [email protected].
CUSTOMER CONTENT AND INFORMATION RELATED TO DATA COLLECTED THROUGH THE ACT-ON PLATFORM
Act-On collects information under the direction of its clients, and has no direct relationship with the individuals whose personal data is provided, or is collected at the direction of, our business clients. Act-On serves as a processor of this data. Act-On works with its clients to help them provide notice to their customers concerning the purpose for which personal information is collected.
We collect information for our clients, if you are a customer of one of our clients and would no longer like to be contacted by one of our clients that use our Service, please contact the client that you interact with directly.
Act-On may transfer personal information to companies that help us provide our Service. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our clients.
Act-On has no direct relationship with the individuals whose personal data it processes as part of Customer Content (i.e., all user data processed through our Services or collected on behalf of our business clients). An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data within Customer Content should direct his query to the Act-On client (the data controller). If the client requests Act-On to remove the data, we will respond to their request within 30 days.
Act-On will retain personal data we process on behalf of our clients for as long as needed to provide Service to our client. Act-On will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Act-On has implemented processes intended to protect user information and maintain security of data. Each account holder is assigned a unique user name and password, which is required to access their account. It is each user’s responsibility to protect the security of his or her login information. We have attempted to protect Act-On’s servers by locating them areas with security procedures, using of firewalls and implementing other generally available security technologies. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data, but NO GUARANTEE CAN BE MADE THAT YOUR INFORMATION AND DATA WILL BE SECURE FROM INTRUSIONS AND UNAUTHORIZED RELEASE TO THIRD PARTIES.
When you enter sensitive information (such as login credentials), we encrypt the transmission of that information using secure socket layer technology (SSL). We follow protocols to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at [email protected].
By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail, or by sending an email to you.
CANCELLATION OR TERMINATION OF THE ACCOUNT
If your account is terminated for any reason, please contact us within 30 days of such termination at [email protected] with any requests to view your data. Please be aware that Act-On may for a time retain residual information in our backup and/or archival copies of our data stores and databases. We will make reasonable commercial efforts to delete your information as soon as reasonably practical.
COMPLIANCE WITH CHILDREN’S ONLINE PRIVACY PROTECTION ACT
As a business service, Act-On does not target its offerings toward, and does not knowingly collect any personal information from users under 13 years of age. If you believe that your child has provided us with personal information without your consent, you may contact us at [email protected]. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
YOUR PRIVACY RIGHTS
When we have a direct relationship with you and are processing your data as a “controller” or “business,” you may have certain privacy rights that you can exercise directly with us as described below. When we do not have a direct relationship with you and are processing data as a “processor” or “service provider” on behalf of our business clients, including when we process your information as part of Customer Content, you must contact the relevant business client to exercise the privacy rights you that you may have.
When we have direct relationship with you, in accordance with applicable law, you may have the right to:
Access to and Portability of Your Personal Information, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine readable format (also known as the “right of data portability”);
Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;
Request Deletion of your personal information;
Request Restriction of or Object to our processing of your personal information where the processing of your personal information is based on our legitimate interest or for direct marketing purposes, including (i) the right to opt-out of the sharing of personal information for certain advertising, (ii) object to or restrict our use of or your sensitive personal information, including the right to opt-out of the sharing of sensitive personal information in some circumstances, and (iii) opt out of the processing of your personal information for purposes profiling in furtherance of decisions that produce legal or similarly significant effects concerning you; and
- Withdraw your Consent to our processing of your personal information for certain purposes. Please note that your withdrawal will only take effect for future processing and will not affect the lawfulness of processing before the withdrawal.
You can submit a request to determine and exercise your privacy rights by contacting us as [email protected] or by contacting us using the information in the “Questions” section below.
When you use the Act-On website or Service, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not for legitimate business purposes. You may update your account information by logging into your account. When requests come to Act-On with regard to personal information, we ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. We retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. We will respond to these requests in accordance with applicable laws within a reasonable timeframe.
SUPPLEMENTAL NOTICE FOR RESIDENTS OF CALIFORNIA AND CERTAIN OTHER US STATES
This Supplemental Notice is for residents of states that have adopted comprehensive privacy legislation and others that may come into effect from time to time, including, but not limited to, California, Connecticut, Colorado, Utah and Virginia (collectively, “Applicable State Laws”). In some states, you may have the rights described in “Your Privacy Rights” above and be entitled to the following supplemental information:
Categories of Personal Information Collected and Sources
The “Data Collection” section above identifies the categories of personal information we may have collected in the 12 past twelve months, and the sources from which we obtain such information.
Purposes for Collection
We collect and use personal information for the business or commercial purposes described in the “Data Uses and Sharing” section above.
Categories of Personal Information Disclosed and Categories of Recipients
We may have disclosed the following categories of personal information in the preceding 12 months for our business or commercial purposes to the Categories of Recipients listed below.
Categories of Personal Information We Disclose
Categories of Recipients
Affiliates, Service Providers, and Business Partners
Affiliates, Service Providers, and Business Partners
Affiliates, Service Providers, and Business Partners
Affiliates, Service Providers, and Business Partners
Internet or other electronic activity
Affiliates, Service Providers, and Business Partners
For more details on how your personal information is disclosed and the purposes it’s disclosed for, please see the “Data Uses and Sharing” section above.
We Do Not Sell Personal Information
Act-On does not provide your personal information to other companies for money, or otherwise “sell” personal information of consumers as that term is commonly understood, including information of consumers under 16 years of age.
We may, however, share information with third-party advertising partners for the purpose of promoting our Services as described above, such as for cross-context behavioral or targeted advertising. You can opt-out of such sharing by following the instructions found above in the section titled “Cookie Controls” or by clicking here, or you can contact us as described in the “Questions” sections below.
Additional Privacy Rights and Choices
In addition to the right to opt-out of sharing for certain advertising purposes, you may have the privacy rights described above in the section titled “Your Privacy Rights.”
Non-Discrimination. Residents of certain states have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by applicable law.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To authorize an agent, provide written authorization signed by you and your designated agent and contact us as set forth in “Questions” below for additional instructions.
Verification. To protect your privacy, we will take steps to reasonably verify your identity before fulfilling your request. These steps may involve asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, or to answer questions regarding your account and use of our Services.
Appeal. When exercising your privacy rights, you may have the right to appeal a decision or response that we provide. You may exercise right by submitting a request to us as described in the “Questions” section, labeling it “Appeal,” and referencing our prior response or decision.
De-Identified Information. If we create or receive de-identified information, we will not attempt to reidentify such information, except to comply with applicable law.
California Shine the Light.
California residents may request information concerning the categories of personal information, if any, we share with third parties or affiliates for their direct marketing purposes. If you would like more information, please contact us as described in the “Questions” section below.
DO NOT TRACK DISCLOSURES
Some browsers offer a “Do Not Track” privacy preference. Generally, when a user turns on the Do Not Track Signal, their browser sends a message to websites requesting that the user not be tracked. Our websites currently do not respond to “Do Not Track” signals.
INTERNATIONAL DATA TRANSFERS
All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.
If we transfer personal information which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses.
For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth below.
If your personal information is subject to the applicable data protection laws of the European Economic Area, Switzerland, the United Kingdom, or Virginia, you have the right to lodge a complaint with the competent supervisory authority or attorney general if you believe our processing of your personal information violates applicable law:
- EEA Data Protection Authorities (DPAs)
- Swiss Federal Data Protection and Information Commissioner (FDPIC)
- UK Information Commissioner’s Office (ICO)
- Virginia Attorney General
RETENTION OF PERSONAL DATA
Act-On Software complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and the United Kingdom, and/or Switzerland to the United States. To learn more about the Privacy Shield program, and to view our certification, please visit their website.
We are responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
Please be aware that Act-On Software is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). In addition, Act-On Software is required to disclose personal information in response to lawful requests by public authorities, including to meet national security and/or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website please click here for information regarding the EU-US Privacy Shield, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
CHANGES TO THIS POLICY
Act-On Software, Inc.,
121 SW Morrison St.
Portland, OR 97204
Act-On Software, Ltd.
Part 3rd Floor
The White Building
33 King’s Rd, Reading RG1 3AR