Collection of Information
Your use of the Site does not necessarily require any disclosure of your personally identifiable information; however, we collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. We or a designated third party may collect payment and credit card information when you contact us or subscribe to any ActiveCampaign services and in connection with processing premium services transactions or other transactions on the Site.
Any third party operator of the Site is responsible for such third party operator’s collection, use and protection of your information. Additionally, certain third parties may collect personal information from you and share some of the personal information with us. Additional information about the privacy practices of the companies who collect the data will be provided, including how to opt-out of having these companies use your personal information for purposes unrelated to the services that you have requested. Users can find these options on the websites of the relevant third party operator(s). These companies and not ActiveCampaign are responsible for the collection and use of your information by these companies.
Access to some services may also require you to use a user name and password, established by you. Additional information about you may be revealed in any communications you post on message or review boards, which are publicly available to others. We are not responsible for any communications you or a third party post on the message or review boards. We may collect personal information as required or permitted by law, or with your consent. You may withdraw your consent at any time upon reasonable notice, subject to contractual and legal restrictions, but if you do so, we may not be able to provide some of our services. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example, to add you to one of our mailing lists.
When using the Site or Services, you may import data regarding your clients (“Client Data”). Such Client Data will not be sold or distributed to a third party without your consent except for in accordance with a sale of any portion of ActiveCampaign to a third party or in accordance with applicable law.
You may have the option of downloading and installing “widgets” on your desktop, permitted websites and/or your mobile phone. Widgets are mini-applications programmed to perform a specific function or task that may run on your desktop or may be embedded in websites. For example, we may offer you widgets that have countdowns to various launches. The widgets we offer that are downloaded or installed by you may require you to input personal information, depending on the widget’s function, and may be able to access or use personal information provided by you. Widgets may (i) check for updates automatically and transmit your information to its server and/or engine; (ii) send information entered into or accessed by the widget to its server and/or engine, which may be stored for a temporary period of time; and (iii) be visible to the public if embedded on publicly available webpages (such as social networking webpages), depending on the policies of that website.
We may use your personal information to communicate with you regarding the website, purchases, disputes, payments or inquiries submitted by you. Any Client Data or personal information submitted to us, or our third party service providers or our marketing partners and advertisers acting on our behalf, will not be sold, leased or shared with or to anyone else by us, unless we notify you otherwise in advance, except as follows:
(1) We may share your information, except for Client Data, with our third party service providers or our marketing partners or advertisers, to the extent that they may provide the services you have requested.
(2) We may share your information with our affiliates, employees, contractors, directors and officers.
(3) From time to time, we may offer special promotions (such as a contest or a free subscription to goods and services) on the Site in association with a third party service provider, sponsor or promotional partner. With your consent, we may share your information, except for Client Data, with that third party service provider, sponsor or promotional partner so that it can offer you other special promotions.
(4) If any portion of ActiveCampaign is sold, your information or Client Data may be part of the business assets we transfer. Your information or Client Data also may be disclosed if ActiveCampaign is considering or completes the financing, securitization, insuring, sale, assignment or other transfer of all or part of the company.
(5) We may disclose your information or Client Data to comply with any judicial or governmental subpoenas, warrants or orders. We reserve the right to use, disclose and share your information and Client Data to investigate, prevent or take action with respect to any potential or actual fraud, illegal activities, circumstances which threaten the physical safety of any person, violations of this Site’s Terms of Service or as otherwise required by law.
We may share aggregated demographic information with third parties. Such information does not contain any personal information which may individually identify any person. We may also use IP addresses for administrative and statistical purposes in order to further understand how people use our Site and to gather demographic information for aggregate use. IP addresses are only associated with personally identifiable information when it is necessary to verify users’ locations with respect to blackout restrictions for audio and/or video subscription products, as applicable.
Reviewing Your Personal Information
You may revise your preferences or amend your personal information by logging onto your account at any time, if one is available. If you want to close your account and have us delete the personal information in it (except for information kept for record-keeping purposes), please contact us at firstname.lastname@example.org.
Commitment to Data Security
Our registration and order forms allow you to indicate whether or not you would like to receive special offers and promotions from us and/or our partners and sponsors. Unless you consent to receive such offers and promotions, ActiveCampaign and our respective agents and representatives will use your personal information only to complete the registration or order, or to provide the service or product requested. If you initially consent to receive such offers, but later change your mind, you can adjust your preferences.
If you are a California resident and would like to request information about exercising your third party disclosure rights, please send a request to email@example.com, and whether you would prefer our response to be sent by e-mail or postal mail.
Please include your e-mail address or your name, street address, city, state and zip code (for our own record-keeping purposes). We will not accept requests by telephone or fax. We are not responsible for notices sent improperly, or which contain incomplete information.
Visitors From Outside the United States
The Site’s offices are located in the United States. If you visit the site from another country, please be aware that information you provide to us or that we obtain as a result of your use of the Site may be processed in and transferred to the United States and will be subject to U.S. law. U.S. privacy and data protection laws may not be equivalent to the laws in your country of residence. By using the Site or providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the United States.
Part VI. U.S.-EU Safe Harbor Framework
ActiveCampaign complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. ActiveCampaign has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view ActiveCampaign’s certification, please visit http://www.export.gov/safeharbor/.
ActiveCampaign has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by ActiveCampaign, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.
Children Under the Age of 13
The Site is not directed or intended for children under 13 years of age. We do not knowingly collect personal information from individuals under 13 years of age. If you are under 13 years of age, you should not register or provide personal information on the Site. If we later obtain actual knowledge that a user is under 13 years of age, we will take steps to remove that user’s personal information from our systems. If you are the parent or guardian of a child whom you believe has disclosed personal information to us, please contact us at firstname.lastname@example.org so that we may delete and remove such child’s information from our systems
Children Between the Ages of 13 and 18
We recommend that minors who are 13 through 18 years of age seek parental permission before sending information about themselves to anyone over the Internet.
Choice of Law
Last Modified: August 6, 2012