THIS COPY IS PROVIDED AS A COURTESY ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.
TABLE OF CONTENTS
Last Updated: September 12, 2022
Collection of Information
The types of personal information that ActiveCampaign collects will depend on the nature of your dealings with us.
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, make a purchase, participate in a contest or promotion, communicate with us via third party social media sites, interact with a message board, apply for a job, request customer support, use our platform or otherwise communicate with us. The types of information we may collect include: (1) identifiers, such as your full name, phone number, email address, postal mail address, unique personal identifier, online identifier, internet protocol address, (2) commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, (3) professional or employment-related information such as company name, company payment information, and business contact information (e.g., business phone number, address, or email); and (4) any other information you choose to provide.
Information About Your Use of the Services
We collect information about your use of the Services, such as the ways in which you use our platform, the way you respond to us when we send you emails or communications or your preferences when you interact with our Services.
Information We Collect Automatically When You Use the Services
When you access or use our Services, we automatically collect information about you, including:
- Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, your general location and the page you visited before navigating to our Services.
- Transactional Information: When you make a purchase, we collect information about the transaction, such as purchase details, purchase price, and date and location of the transaction. We or a designated third party may collect payment and credit card information when you subscribe to our paid Services or purchase additional services.
- Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
Information We Derive
We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your location based on your IP address. We may also infer information about your email and contact preferences based on how you respond to our communications with you, what information you find helpful, and what type of communication language most resonates with you.
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including but not limited to social media sites, credit bureaus, data enrichment providers, fraud prevention vendors and partners, and publicly available sources. Additionally, if you create or log into your account through a third-party site, we may have access to certain information from that site, which could include information such as your name, account information, and other information you make available, in accordance with the authorization procedures determined by such third-party site.
Integrations with Other Services
You may have the option of integrating our Services with other services, technologies or platforms on your desktop, permitted websites and/or your mobile phone. For example, we may offer you widgets that have countdowns to various launches as well as the opportunity to connect the Services with other third-party services that you use in your business. These integrations may require you to input information about you or result in the disclosure of information about you from the Services to a third party, or cause the Services to receive information about you from a third party with whom you instruct us to integrate. These integrations may (i) check for updates automatically and transmit your information to their server and/or engine; (ii) send information entered into or accessed by the technology to its server and/or engine; (iii) be visible to the public if embedded on publicly available webpages (such as social networking webpages); or (iv) transmit information about you to or from the Services, depending on the policies of that website. Please note that when you enable an integration between the Services and a third party, any information about you that is transmitted to a third party will be subject to the policies and procedures of that third party and not of ActiveCampaign.
Connecting Your Email Account
Should you choose to connect your email account to our platform, you will be using a set of features built using technology from Nylas, Inc. By signing up or using the Nylas application, you understand and agree that Nylas, Inc. and its affiliates who provide Nylas (“Nylas”), will have access to your information and will be permitted to use that information for specific, limited purposes to provide the Services to you, in accordance with our agreement with Nylas. This integration is a completely optional service and is not required to use our platform.
You have the option of integrating aspects of your Google email metadata with your account through our integration with Nylas. We will ask for your consent to connect your Google account to your ActiveCampaign account. This step is optional but can very valuable in helping you to make the best use of our platform by tracking your interactions with your leads and customers.
When you connect your Google account with the ActiveCampaign platform through Nylas, we will have access to certain information such as the email meta headers (sender, recipient, and date), the email message body and subject line (“Google Data”).
We only process Google Data you make available to us through this integration in order to provide the Service to you and to improve the Services, consistent with Google’s Limited Use Requirements. We do not independently access the Google Data ourselves unless we first obtain your consent to view the Google Data (e.g., to provide you with tech support), we need to do so for internal security purposes, to comply with applicable law, or where the data is fully aggregated and anonymized for internal use purposes and cannot be used to identify you or your email recipients.
In addition, we will only transfer the Google Data to others if necessary to provide or improve user-facing features that are prominent in the Services, to comply with applicable laws, or as part of a merger, acquisition, or sale of assets. We also do not use Google Data for advertising purposes.
At any time, you can disconnect your Google account and delete this data in your account or by reaching out to email@example.com and requesting that it be deleted.
Use of Information
We use the information we collect to provide, maintain and improve our Services, such as to administer your account and to provide you with insights to help you optimize your use of our platform.
We may also use the information we collect to:
- Provide and deliver the products and services you request, process transactions and send you transaction-related information, including confirmations and invoices;
- Send you technical notices, updates, security alerts and support and administrative messages;
- Respond to your comments, questions and requests and provide customer service;
- Communicate with you about products, services, offers, promotions, rewards and events offered by ActiveCampaign and others, and provide news and information we think will be of interest to you;
- Monitor and analyze trends, usage and activities in connection with our Services;
- Audit related to a current interaction with the consumer and concurrent transactions, including but not limited to, counting ad impressions of unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity;
- Debug to identify and repair errors impairing existing intended functionality;
- Undertake internal research for technical development and demonstration;
- Undertake activities to verify or maintain the quality or safety of a service owned, manufactured for, or controlled by ActiveCampaign, and to improve, upgrade, or enhance the service owned, manufactured for, or controlled by ActiveCampaign;
- Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of ActiveCampaign and others;
- Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
- Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards; and
- Comply with our legal and financial obligations.
Sharing of Information
We often need to engage other companies and individuals to help us operate and provide the Services. This includes our related bodies corporate, vendors and service providers (such as learning management platforms and analytics and security providers) who have only limited access to information about you, may use such information only to perform these tasks on our behalf, and are obligated to us not to disclose or use information about you for other purposes. Note that any sharing of information as described in this section does not apply to Contact Data.
- With related bodies corporate, vendors, consultants and service providers who need access to such information to carry out work on our behalf, such as companies that assist us with web hosting, payment processing, fraud detection and prevention, and customer service support providers;
- If you post content in a public area of our Services, we share this information publicly on our Services;
- If you choose to use integrations we offer on our Services or to otherwise integrate third party products with our Services, such as connecting your email account to our platform or integrating an ecommerce account with our Services, we may share certain information with the integration partners or as directed by you through the integration you enable (See our “Integrations with Other Services” section for more information);
- In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
- If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of ActiveCampaign or others;
- With our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
- Between and among ActiveCampaign and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
- With your consent or at your direction.
In addition, we may share aggregated or de-identified information, which cannot reasonably be used to identify you. Please also see our “Advertising and Analytics Services Provided by Others” section below.
Advertising and Analytics Services Provided by Others
We also use Google Analytics within our Services. For more information on how Google may use personal information about you, see www.google.com/policies/privacy/partners/ for more information.
Please note: If you choose to opt-out of interest-based advertising, you may continue to see or receive online advertising, but such ads may not be as relevant to you.
We also work with third parties to serve ads to you as part of customized campaigns on third-party platforms (such as Facebook, Twitter, and LinkedIn). As part of these ad campaigns, we or the third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and serve you advertising that is customized to your interests. Note that the third-party platforms may offer you choices about whether you see these types of customized ads.
Transfer of Information to the U.S. and Other Countries
In order to provide you with the Services you subscribe to or that you request from us, information about you may be transferred to ActiveCampaign locations in the United States, Australia, and Ireland as well as countries where our service providers may be based. In some cases, information about you may be transferred to or accessed from other countries, including when you consent and allow us to do so, where it is required in order for us to provide Services to you and when we need to do so to provide functions like product support, troubleshooting and gaining insights into the usage patterns of our Services. When information about you is transferred to countries other than your home country, you may not have the same rights and protections as you do under local law. Any international transfers of such information will be done in accordance with applicable law.
Data Transfer Agreements
One of the mechanisms we use to help provide protection for the transfer of personal data to countries outside of your home country is through a series of intercompany agreements. If you are in the European Economic Area (“EEA”), the United Kingdom (“UK”) or Switzerland, this will be based on the Standard Contractual Clauses authorized under European Union law. You can find a copy of the Standard Contractual Clauses at the following link: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.
EU-US and Swiss-US Privacy Shield
In connection with ActiveCampaign’s processing of personal data (as defined by European law) it receives from the EEA, the UK or Switzerland, we also comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (together “Privacy Shield”) with respect to personal data we process from the EU, the UK or Switzerland and transfer to the United States. For more information about the Privacy Shield, and to view our certification, please visit the Privacy Shield website. We remain responsible and liable under the Privacy Shield for any personal data that we share with third parties for external processing on our behalf, as described in the “Sharing of Information” section above, unless we prove we are not responsible for the event giving rise to the damage. If you have an inquiry regarding our adherence to the Privacy Shield, we encourage you to contact us at firstname.lastname@example.org. We are subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission. You may also refer your complaint free-of-charge to JAMS using this link: https://www.jamsadr.com/eu-us-privacy-shield, our designated Privacy Shield dispute resolution provider. In certain circumstances, the Privacy Shield provides the right to invoke binding arbitration to resolve complaints (see Annex I to the Privacy Shield Principles for more details).
Retaining Your Information
If you are a current ActiveCampaign client, you may update, correct or delete certain account information about you at any time by logging into your online account or emailing us at email@example.com. If you wish to cancel or temporarily pause your account, please email us at firstname.lastname@example.org and let us know what you are requesting, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
You may opt out of receiving promotional emails from ActiveCampaign by following the instructions in those emails, by clicking the “unsubscribe” link at the bottom of any of our emails, or by contacting us at email@example.com. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Mobile Push Notifications/Alerts
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
1 North Dearborn Street, 5th floor
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For ActiveCampaign job applicants as well as current, former, and prospective clients or website visitors in the EEA, the UK, Switzerland or Brazil, the data controller for purposes of processing information about you is ActiveCampaign, LLC.
Additional Information for Residents of Certain Jurisdictions
Residents of the European Economic Area, the United Kingdom and Switzerland
If you are a resident of the EEA, the UK or Switzerland, you have certain rights and protections under the law regarding the processing of your personal data.
Lawful Basis for Processing
If you are a resident of the EEA, the UK or Switzerland, we primarily rely on the following bases to process your personal data lawfully.
- First, it is necessary for us to process your personal data in certain ways in order to provide the Services to you, in accordance with a contract between you and us, including, our Terms of Service, available at https://www.activecampaign.com/legal/terms-of-service/.
- Second, where you have given us valid consent to use your personal data in certain ways, we will rely on your consent. This includes situations where we will obtain your consent prior to sending you information about our products and Services.
- Third, in certain cases we may process your personal data where necessary to further ActiveCampaign’s legitimate interests, where those legitimate interests are not overridden by your rights or interests. This includes usage statistics, analytics and internal analysis we run to better understand how to use our platform so that we can improve our Services and also provide you with better recommendations on how to get the most out of our platform and to accomplish your goals. This also includes information we process and disclose to detect, prevent, and address fraudulent and illegal activities on our Services.
- Fourth, in some cases we may process your personal data where necessary to satisfy our legal obligations. This includes records containing your personal data that we may be required to retain for a period of time or may be legally required to disclose to a government authority or third party.
Data Subject Rights Requests
If you are a resident of the EEA, the UK or Switzerland, you have the right to request access to personal data we hold and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing activities.
If you submitted personal data directly to us or in accordance with the provision of our Services and you would like to view, change, limit or delete your personal data, you can do so via your account settings or by contacting us. Upon request, we will notify you about whether we hold any of your personal data. By visiting your account settings, you can access, correct, change and delete certain of your personal data associated with your account. In certain cases where we process your personal data, you may also have a right to restrict or limit the ways in which we use your personal data. In certain circumstances, you also have the right to object to the processing of your personal data, to request the deletion of your personal data and to obtain a copy of your personal data in machine-readable format.
If you need assistance accessing or modifying your personal data or wish to delete your personal data, please email us at firstname.lastname@example.org.
You have the right to withdraw your consent to our processing of your personal data where we process it based on your consent. You can do this at any time by opting out of commercial emails we send you by clicking on the unsubscribe links in those emails, or emailing us with your request at email@example.com, or by simply cancelling your account through your account settings and then emailing firstname.lastname@example.org to request that your personal data be deleted.
Questions or Complaints
EU-REP.Global has been appointed as ActiveCampaign’s representative in the European Union and the UK pursuant to Article 27 of the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and the GDPR as incorporated into UK law (“UK GDPR”) respectively. Accordingly, in addition to reaching us via the details provided in our “Contact Us” section below, you may contact EU-REP.Global on matters related to our processing of your personal data as follows:
- If you are in the European Union, you may address privacy-related inquiries to: EU-REP.Global GmbH, Attn: ActiveCampaign, Hopfenstr. 1d, 24114 Kiel, Germany or email@example.com
- If you are in the UK, you may address privacy-related inquiries to: DP Data Protection Services UK Ltd., Attn: ActiveCampaign, 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom or firstname.lastname@example.org
If you are a resident of the EEA, the UK or Switzerland and have a concern about our processing of your personal data that we are not able to resolve, you have the right to lodge a complaint with the data protection authority where you reside. For contact details of your local Data Protection Authority, please see the links below:
For individuals in the EEA: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.
For individuals in the UK: https://ico.org.uk/global/contact-us/.
For individuals in Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html.
Residents of California
If you are a resident of California, you have certain rights as a “consumer” under the California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.) with respect to your personal information. This section describes your CCPA consumer rights and explains how to exercise those rights.
CCPA Consumer Rights
Your CCPA rights include the right to request access to your personal information, to request deletion of your personal information, and to know additional details about our personal information practices (see below). You also have the right to opt out of the “sale” of your personal information, which is broadly defined under the CCPA and does not necessarily involve a monetary payment to be made in exchange for personal information, and to not be discriminated against.
For details about how to exercise these rights, please see “Your Choices” below You may additionally contact us through our toll-free number at +1 (866) 851-5211, and finally, you may exercise your rights by clicking on the “Do Not Sell My Personal Information” link on our CCPA page on our website to take you to a webform. California consumers may also designate an authorized agent to exercise these options on their behalf. If you would like to use an authorized agent registered with the California Secretary of State to exercise these rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf. We will not discriminate against you if you choose to exercise your rights related to your personal information.
Categories of Personal Information Collected
In the preceding 12 months, we have collected the following categories of personal information as defined under the CCPA:
- Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, and account name;
- Characteristics of protected classifications under state or federal law, such as age or gender;
- Commercial Information, including records of Services purchased and credit card or other payment information;
- Internet or electronic network activity information, information, including, but not limited to, browsing history, search history, and information regarding your interaction with the Services including an internet website, application, or advertisement;
- Audio, electronic, visual, thermal, olfactory, or similar information such as profile pictures;
- Professional or employment related information;
- Education Information; and
- Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
For more specific examples of the personal information we collect, please see “Collection of Information" above.
Business or Commercial Purpose for Collecting Personal Information
We collect personal information for the business and commercial purposes described in the “Use of Information”.
Categories of Sources of Personal Information
We collect personal information directly from you, automatically from your use of our Services, by using or combining personal information to derive additional personal information about you, and from others as described in “Collection of Information”.
Categories of Third Parties with Whom We Share Personal Information
We may share your personal information with third parties as described in the “Sharing of Information” section above. Note that any sharing of information as described in that section does not apply to Contact Data.
Categories of Personal Information Disclosed
In the preceding 12 months, we have disclosed the following CCPA-defined categories of personal information for business or commercial purposes to the following categories of recipients:
|Category of Personal Information Disclosed for a business of commercial purpose||Categories of Recipients|
|Identifiers||Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including, data hosting providers, fraud detection and prevention vendors, customer service support providers, IT support providers, learning management platforms, video hosting platforms, cloud services providers|
|Characteristics of protected classifications under state or federal law||Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including data hosting providers, cloud services providers|
|Commercial Information||Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including payment processors, IT support providers, cloud services providers|
|Internet or electronic network activity information||Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including data hosting providers, data analytics providers, cloud services providers|
|Audio, electronic, visual, thermal, olfactory, or similar information||Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including data hosting providers, cloud services providers|
|Professional or employment related information||Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including data hosting providers, cloud services providers|
|Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes|
Note that any disclosures of personal information as described in this section does not apply to Contact Data.
“Sales” of Personal Information
California law requires that we provide transparency about personal information we “sell.” For the purposes of the CCPA, this broadly means scenarios in which ActiveCampaign has shared personal information with third parties in exchange for any “valuable consideration” (i.e., no monetary payment needs to be involved). Although we do not sell your personal information in exchange for money, we do disclose personal information for the commercial purpose of advertising our products and Services to you and for enriching datasets to better understand how to tailor our Services to your use cases. Note that any “sales” of personal information as described in this section does not apply to Contact Data.
In the preceding 12 months, we have “sold” the following categories of personal information to the following categories of third parties:
|Category of Personal Information||Category of Third Parties|
|Identifiers||Data enrichment providers|
|Internet or electronic network activity information||Advertising networks, social networks, and data enrichment providers.|
You have the right to opt out of these “sales” at any time by going to our “Do Not Sell My Personal Information” link on our CCPA webpage. We do not knowingly collect, and therefore do not sell, the personal information of consumers under the age of 16.
Residents of Australia
If you are a resident of Australia, you have certain rights and protections with respect to your personal information under the Privacy Act 1988 (Cth) or “Australian Privacy Act”.
Australian Privacy Act Individual Rights
The Australian Privacy Act gives you a right to:
- Seek access to the personal information we hold about you; and
- Ask us to correct your personal information when it is inaccurate, out-of-date, incomplete, irrelevant or misleading.
If you would like to access or correct your personal information, please see “Your Choices” below for information on how you can exercise your rights. In all cases, you may email us at email@example.com with details of your request.
Storage and Security of Information
We maintain appropriate technical and organizational measures consistent with industry standards to protect the personal information we hold about you from misuse, interference and loss, and unauthorized access, modification or disclosure.
Questions or Complaints
If you have any concerns about the way that your personal information is processed by ActiveCampaign, we encourage you to contact us at firstname.lastname@example.org. We will deal with your concerns as soon as possible and endeavor to get back to you within a reasonable timeframe.
If you are a resident of Australia and have a concern about our processing of your personal data that we are not able to resolve, you can lodge a complaint with the Office of the Australian Information Commissioner (OAIC). For contact details of the OAIC, please see: https://www.oaic.gov.au/about-us/contact-us/.
Residents of Brazil
If you are a resident of Brazil, you have certain rights and protections regarding the processing of your personal data under the Brazilian General Data Protection Law (“LGPD”).
Lawful Basis for Processing Personal Data
Under the LGPD, we primarily rely on the following bases to lawfully process your personal data:
- Where you provide us with valid consent to process your personal data;
- When it is necessary in order to fulfill the legitimate interests of ActiveCampaign or a third party, unless your fundamental rights and liberties, which require personal data protection, outweigh those interests;
- Where it is necessary order to fulfil the execution of a contract with you;
- When we must comply with a legal or regulatory obligation; or
- Where we seek to exercise our rights in judicial, administrative, or arbitration proceedings.
Data Subject Rights Requests
If you are a resident of Brazil, you have the right to obtain the following from us in respect of personal data we hold about you: confirmation of the existence of the processing; access to the data; correction of incomplete, inaccurate or out-of-date data; anonymization, blocking or deletion of unnecessary or excessive data or data processed in noncompliance with the LGPD; transfer of the data to another service or product provider; deletion of personal data processed with your consent; information on the entities with whom we have shared the data; information on the possibility and consequences of not providing consent; and review of decisions made exclusively on the basis of automated processing of personal data and which affect your interests.
If you submitted personal data directly to us or in accordance with the provision of Services and you would like to confirm the existence of processing, or access, correct, transfer, limit or delete your personal data, you can do so via your account settings or by contacting us. Upon request, we will notify you about whether we hold any of your personal data. By visiting your account settings, you can access, correct, transfer, limit or delete certain personal data associated with your account.
In all cases, you may exercise your data subject rights by emailing us at email@example.com with details of your request.
You also have the right to withdraw your consent to the processing of your personal data where we process it based on your consent. You can do this at any time by opting out of commercial emails we send you by clicking on the unsubscribe links in those emails, or emailing us with your request at firstname.lastname@example.org, or by simply cancelling your account through your account settings and then emailing email@example.com to request that your personal data be deleted.
Questions or Complaints
If you are a resident of Brazil and have a concern about our processing of your personal data that we are not able to resolve, you have the right to lodge a complaint with the National Data Protection Authority (ANPD).