Privacy Policy
Effective: May 2nd, 2018
This Privacy Policy covers our collection, use and disclosure of information we collect through our website, www.act-on.com and our service Act-On. The use of information collected through our service shall be limited to the purpose of providing the service for which the Client has engaged Act-On Software, Inc. (“Act-On”, “We”, “Our”, “Us”).
User Data
Act-On respects the privacy of our Account Users and the privacy of their data. All user 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 Terms of Service. Although Act-On owns the data storage, databases and the Act-On Site, you retain all rights to your data. All user data uploaded to an Account of the Act-On Service is stored in a personalized and secure location. We will not utilize, sell, or rent your data uploaded into our system and only the registered users of the account holder may gain access to the uploaded data.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. You may choose to stop receiving our newsletter 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 and certain personal information of those who communicate with us via e-mail or register with us to open a provisioned Service Account. We also collect certain information regarding which pages users access or visit, and 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 Act-On Service, 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 Act-On service 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 here by consent to such transfer.
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 information, we will only use that information for the specific reason for which it was provided to us.
Act-On may also collect and analyze from visitors and users certain information regarding the use of the Act-On Site and services available therein. 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 may provide your personal information to companies that provide services to help us with our business activities such as live chat or payment processing. 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 Site. We may use third parties to assist us in processing your personal information, and we require that such third parties comply with our Privacy Policy and any other appropriate confidentiality and security measures. We may use certain other information collected from you to help diagnose technical problems, administer the Act-On Site, 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 in order to demonstrate the value we deliver to users.
The 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 Terms of Service,
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 a prominent notice on our Web site 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 Web Sites
Our Site includes links to other Web sites whose privacy practices may differ from those of Act-On Software, Inc. If you submit personal 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 Web site you visit.
Cookies and other Tracking Technologies
Act-On and our analytics provider, 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.
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 web sites, we gather certain information automatically and store it in log files. This information includes 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 site, to track users’ movements around the site 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.
Behavioral Targeting/ Re-Targeting
We partner with a third party ad network to either display advertising on our Web site 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 Web sites 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 can contact us at privacy@act-on.com.
Social Media (Features) and Widgets
Our Web site 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 site. These Features may collect your IP address, which page you are visiting on our site, 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 Site. Your interactions with these Features are governed by the privacy policy of the company providing it.
Information Related to Data Collected for through the Act-On Platform
Act-On Software, Inc. collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. Act-On Software, Inc. 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 Software, Inc. 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 Software, Inc. 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 Software, Inc.’s Client (the data controller). If the Client requests Act-On Software, Inc. to remove the data, we will respond to their request within 30 days.
Act-On Software, Inc. will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. Act-On Software, Inc. 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 Web site, 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 at privacy@act-on.com with any requests to access 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. We will respond to your request to access within 30 business days.
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.
California Privacy
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Act-On Software, Inc or its subsidiaries to a third party for the third party’s direct marketing purposes. To make such a request, please send an email to privacy@act-on.net or write us:
Act-On Software Inc.
121 SW Morrison St.
Suite 1600
Portland, OR 97204
Act-On complies with the California Online Privacy Protection Act of 2014.
Privacy Shield
Act-On Software (and its UK subsidiary company Actonsoftware Limited) complies with the EU-U.S. Privacy Shield Framework and the Swiss – U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
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 Site, 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. 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 Site 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