Privacy Policy

Effective: July 30, 2020

This Privacy Policy covers Act-On Software, Inc.’s  (“Act-On”, “We”, “Our”, “Us”) collection, use and disclosure of information we collect through our website, act-on.com and through the use or access of the Act-On platform, (the “Service”). The use of personal information collected through our Service shall be limited to the purpose of providing the Service.

User Data

Act-On respects the privacy of our users and the privacy of their data. All information contained within the electronic communications, attached documents, forms, newsletters, surveys and documents you may use or compose with the Act-On Service are governed by the Act-On Master Services Agreement (“Agreement”). Although Act-On owns the Service, data storage, databases and the Act-On website(s), you retain all rights to your Customer Content (as defined below). All user data uploaded to an account of the Services (“Customer Content”) is stored in a personalized and secure location. We will not utilize, sell, or rent your Customer Content except as is described in the Agreement or this Privacy Policy. Only the registered users of the account holder may gain access to the Customer Content.

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 privacy@act-on.com.

Data Collection

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 also collect certain information regarding which pages users access or visit and which parts of the Service they utilize.  Information collected may include but is not limited to web site traffic volume, frequency of visits, type and time of transactions, type of browser and operating system, etc.  We collect information volunteered by the users (such as any surveys Act-On might conduct and/or site registrations). 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.

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.

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.

Use of Information

We may use personal information to provide the Services you’ve requested, including services that display customized e-mails, newsletters, forms, documents, and reports. We may also use personal information for auditing, research and analysis to operate and improve the Act-On website. We may use third parties to assist us in processing your personal information, and we require that such third parties comply with obligations at least as restrictive as our Privacy Policy and any other applicable confidentiality and security measures required by applicable law. We may use certain other information collected from you to help diagnose technical problems, administer the Act-On website and Service, and improve the quality and types of services delivered. We may provide non-identifying and aggregate usage and volume statistical information derived from the actions of our visitors and account holders to third parties provided such information cannot be used to identify any given customer or individual.

The personal information we collect is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, 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,

·   to any other third party with your prior consent to do so.

·   if Act-On Software, Inc. is involved in a merger, acquisition, or sale of all or a portion of its assets, 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

Our website includes links to other websites whose privacy practices may differ from those of Act-On Software, Inc. If you submit information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

Cookies and Other Tracking Technologies

Act-On and our partners use technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer the website, tracking users’ movements around the website, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited.  You can learn more about our use of cookies and similar technologies in our Cookie Policy located here: [1]. 

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.

Analytics / Log Files

As is true of most websites, we gather certain information automatically and store it in log files. This information includes, without limitation, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users to analyze trends, to administer the website and Service, to track users’ movements around the website and to gather demographic information about our user base as a whole.

We do link some of this automatically-collected data to personally identifiable information. This allows us to deliver a better experience by reducing the amount of data that needs to be entered when filling out forms, downloading gated content, completing surveys, etc.

We may also use Google Analytics and other service providers to collect information regarding visitor behavior and visitor demographics on our website and Service.  For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/.  You can opt out of Google’s collection and processing of data generated by your use of the Service by going to http://tools.google.com/dlpage/gaoptout.

Behavioral Targeting / Re-Targeting

We partner with a third party ad network to either display advertising on our website or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personal information about your activities on this and other websites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

Public Forums / Blogs

Our blog comment section is managed by a third party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. You will need to contact or login into the third party application if you want the personal information that was posted to the comments section removed. To learn how the third party application uses your information, please review their privacy policy.

Testimonials

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 privacy@act-on.com.

Social Media (Features) and Widgets

Our website includes social media features, such as the Facebook “Like” button and Widgets, such as the “Share This” button or interactive mini-programs that run on our website. These Features may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing it.

Promotional Communications

We may send you promotional emails or text messages if you provide your consent to receiving such communications. To unsubscribe from promotional emails, you may use the unsubscribe link found at the bottom of the email. To opt-out of receiving promotional text messages, you may reply “STOP.” Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding us and our services, and you will not be able to opt-out of those communications (e.g., communications regarding the services or updates to this Privacy Policy). Our Clients are required to comply with our Acceptable Use Policy when using our Services to send promotional communications, including the applicable legal requirements for email and text communications.

Information Related to Data Collected for 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 it processes. 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. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data 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.

Security

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 generally accepted standards 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 privacy@act-on.com.

Cancellation or Termination of the Account

If your account is terminated for any reason, please contact us within 30 days of such termination at privacy@act-on.com 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 privacy@act-on.com.  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.

Supplemental California Privacy Notice

This California Privacy Notice applies only to California residents and supplements our general Privacy Policy. For purposes of only the Supplemental California Privacy Notice, “personal information” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a consumer or household, as defined in the California Consumer Privacy Act of 2018 (“CCPA”).

CCPA

Under the CCPA, California residents have certain rights around our collection, use, and sharing of their personal information as explained in the “Additional Privacy Rights” section below. If you wish to exercise any of your rights as a California resident, please contact us as set forth below. In exercising any rights under the CCPA, we will ask certain questions in order to verify your identity and your status as a California resident. An agent may also submit a request on your behalf, but we may require that you verify the agent has been authorized by you.

We collected the following categories of personal information from California consumers in our role as a business within the last 12 months. The categories of sources from which we collect personal information are set forth above. We collected this personal information for the business and commercial purposes described in this Privacy Policy.

Category Examples Category of Third Parties information Is Disclosed To
Identifiers A real name, alias, postal address, unique personal identifier, title, online identifier, Internet Protocol address, email address, telephone number, account name, or other similar identifiers. · Advertising networks · Internet service providers · Social networks · Service providers · Operating systems and platforms · Other technology vendors with whom we partner
Internet or other electronic network activity Browsing history, search history, information on a consumer’s interaction with an internet website, application, or advertisement. None

We do not “sell” personal information and have not “sold” personal information, as such term is defined in the CCPA, in the previous 12 months. We do not have actual knowledge that we have “sold” any personal information of minors under 16 years of age.

Additional Privacy Rights

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you goods or services, charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties., provide you a different level or quality of goods or services, or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

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 designate an authorized agent, please send an email with your request to legal@act-on.com.

To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask 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, which may include your name, email address, account number, or phone number.

Privacy Shield

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.

Accessing and Updating Personal Information

Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. 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 within a reasonable timeframe.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Changes to this Policy

We may update this Privacy Policy to reflect changes to our information practices or due to changes in applicable law. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Questions

Any questions about this Privacy Policy should be addressed to privacy@act-on.com or by postal mail at:

Act-On Software, Inc.,

121 SW Morrison St.

Suite 1600

Portland, OR 97204