Privacy Policy

Last Updated: December 6th, 2018

ActiveCampaign, LLC (“ActiveCampaign”) provides a marketing platform that allows clients to reach their customers, to understand how their customers interact with those communications and other content, and to customize marketing based on their customers’ interests. This Privacy Policy explains how ActiveCampaign collects, uses and discloses information from our clients (“clients” or “you”) when you use our website, platform and other online products and services (collectively, the “Services”) or when they otherwise interact with us. This policy does not apply to the information that our clients import into our Services, such as the email addresses of their customers or business contacts (“Contact Data”). For additional information about the use of Contact Data in connection with our Services, please consult our Terms of Service, available at https://www.activecampaign.com/tos/.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.

Collection of Information

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, 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 your Personal Information and any other information you choose to provide. We or a designated third party may collect payment and credit card information when you subscribe to our paid Services or purchase additional services.

When we say “Personal Information” we mean any information that identifies an individual, such as (but not limited to) an individual’s name, email address, postal address, device-specific information and log information (as described below). Any information that does not, on its own, identify an individual person is considered and treated as non-personal information. When non-personal information is combined with other information so that it does or can be used to identify an individual, this information is treated as Personal Information.

Information About Your Use of the Services

Usage Information

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.
  • 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 Collected by Cookies and Other Tracking Technologies: We and our service providers use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see "Your Choices" below or visit our “Cookie Policy” available at https://www.activecampaign.com/cookie-policy/.

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. These integrations may require you to input Personal Information or access or use Personal Information. 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 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.

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 Context.IO and Nylas, Inc. By signing up or using either of these applications, you understand and agree that in the case of DokDok, Inc., its parent company, Return Path, Inc., and their affiliates (collectively “Context.IO Providers”), who provide Context.IO, and Nylas, Inc. and its affiliates, who provide Nylas (“Nylas”) will have access to your information and will be permitted to use that information in accordance with each of their respective Privacy Policies. These are completely optional services and are not required to use our platform. If you wish to opt out of sharing your information with Context.IO Providers, you may do so at https://optout.context.io/. If you wish to opt out of sharing your information with Nylas, you can email them at support@nylas.com.

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 and publicly available sources.

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, maintain, customize and improve our Services;
  • 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;
  • 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; and
  • Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards; and
  • Carry out any other purpose described to you when your information was collected.

Sharing of Information

We often need to engage third-party companies and individuals (such as payment processors, research companies and analytics and security providers) to help us operate and provide the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf and are obligated to us not to disclose or use your information for other purposes.

We may share information about you as follows or as otherwise described in this Privacy Policy:

  • With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
  • 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;
  • 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.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you. For example, we may share a hashed version of your email address to facilitate customized ad campaigns on other services or platforms.

Advertising and Analytics Services Provided by Others

We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by ActiveCampaign and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices or http://www.youronlinechoices.eu/ if you are in the EEA.

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.

Retaining Your Information

ActiveCampaign will retain your information only for as long as is necessary for the purposes set out in this Privacy Policy or as described to you, for as long as your account is active (i.e., for the lifetime of your ActiveCampaign account), or as needed to provide the Services to you. If you no longer want ActiveCampaign to use your information to provide the Services to you, you may cancel your account. ActiveCampaign will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes and enforce our agreements. We also retain log files for internal analysis purposes. These log files are generally retained for a limited period of time, except in cases where they are used for the safety and security of the Services, to improve functionality of the Services or we are legally obligated to retain them for longer time periods.

Transfer of Information to the U.S. or Other Countries

In order to provide you with the Services you subscribe to or that you request from us, your Personal Information will be transferred to the United States as that is where ActiveCampaign is based. In some cases, your Personal Information may be transferred to or accessed from other countries outside the United States, 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 your Personal Information is transferred to the United States and other countries, you may not have the same rights and protections as you do under local law. Any international transfers of your Personal Information will be done in accordance with applicable law.

EU-US and Swiss-US Privacy Shield

In connection with ActiveCampaign’s processing of Personal Information it receives from the European Union (“EU”) or Switzerland, we comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (together “Privacy Shield”) with respect to Personal Information we process from the EU 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 Information 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 info@activecampaign.com. 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).

Residents of the European Economic Area and Switzerland

If you are a resident of the European Economic Area (“EEA”) or Switzerland, you have certain rights and protections under the law regarding the processing of your Personal Information.

Lawful Basis for Processing

If you are a resident of the EEA or Switzerland, we primarily rely on the following bases to process your Personal Information lawfully.

  • First, it is necessary for us to process your Personal Information in certain ways in order to provide the Services to you, in accordance with a contract between you and us, namely, our Terms of Service, available at https://www.activecampaign.com/tos/
  • Second, where you have given us valid consent to use your Personal Information 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 Information 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.
  • Fourth, in some cases we may process your Personal Information where necessary to satisfy our legal obligations. This includes records containing your Personal Information that we may be required to retain for a period of time or may be required to disclose to a government authority or third party.

Data Subject Rights Requests

If you are a resident of the EEA or Switzerland, you have the right to access Personal Information we hold about you and to ask that your Personal Information 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 Information directly to us or in accordance with the provision of our Services and you would like to view, change, limit or delete your Personal Information, 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 Information. By visiting your account settings, you can access, correct, change and delete certain of your Personal Information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your Personal Information. In certain circumstances, you also have the right to object to the processing of your Personal Information, to request the deletion of your Personal Information and to obtain a copy of your Personal Information in machine-readable format.

If you need assistance accessing or modifying your Personal Information or wish to delete your Personal Information, please email us at info@activecampaign.com.

Withdrawing Consent

You have the right to withdraw your consent to our processing of your Personal Information and your use of the Services. You can do this at any time by cancelling your account through your account settings and then emailing info@activecampaign.com to request that your Personal Information be deleted.

If you withdraw your consent to the use or sharing of your Personal Information for the purposes set out in this Privacy Policy, you may not have access to some (or any) of the Services, and we might not be able to provide you some (or any) of the Services. Please note that, in certain cases, we may continue to process your information after you have withdrawn consent and requested that we delete your Personal Information, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation, or if it is necessary to do so to pursue our legitimate interest in keeping the Services safe and secure.

Questions or Complaints

If you are a resident of the EEA and have a concern about our processing of your Personal Information 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: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.

Your Choices

Account Information

You may update, correct or delete information about you at any time by logging into your online account or emailing us at info@activecampaign.com. If you wish to cancel or temporarily pause your account, please email us at info@activecampaign.com, 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.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. You can visit our Cookie Policy, available at https://www.activecampaign.com/cookie-policy/ for more information on your choices with respect to cookies.

Promotional Communications

You may opt out of receiving promotional emails from ActiveCampaign by following the instructions in those emails or by clicking the “unsubscribe” link at the bottom of any of our emails. 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.

Contact Us

If you have any questions about this Privacy Policy, please contact us at: info@activecampaign.com.