Offline Website SoftwareActiveCampaign, 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, and its related bodies corporate (including AC PM LLC, ActiveCampaign Australia Pty Limited, ActiveCampaign Ireland Limited, ActiveCampaign Brasil LTDA, and ActiveCampaign Costa Rica S.R.L.), collect, use and disclose information from job applicants, website visitors, and our current and prospective clients(“clients” or “you”) when you use our services. These services include, as applicable, ActiveCampaign’s websites, platform, mobile application and other online products and services, as well as the Postmark and DMARC Digests websites, web applications and services owned and operated by AC PM LLC (collectively, the “Services”).
This Privacy Policy does not apply where we process personal information as a data processor or service provider on behalf of our clients. Therefore, this Privacy Policy does not apply to the information, such as email addresses, that our clients import into our Services regarding their customers or business contacts (“Contact Data”) or to the end users, customers, or business contacts to whom that Contact Data may belong. When we act as a data processor or service provider, the privacy policy of our clients who use our Services applies instead of this Privacy Policy, and our processing of Contact Data is governed by our agreements with our clients.
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
The types of personal information that we collect 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, engage with a chatbot on our website, 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 (e.g. engaging with a chatbot is completely voluntary and you alone decide what personal information you disclose about yourself in the chat).
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.
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 Collected by Cookies and Other Tracking Technologies: We and our service providers use various technologies to collect information, including cookies, web beacons and session replay. 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. Session replay provides the ability to replay a visitor’s interaction with our Services, such as mouse movements, clicks and page visits, in helping us to better understand your experience and may employ cookies and similar technologies. For more information about cookies, and how to disable them, please see “Your Choices” below or visit the applicable Cookie Policy located at https://www.activecampaign.com/legal/cookie-policy for ActiveCampaign services and https://postmarkapp.com/cookie-policy for Postmark and DMARC Digests services.
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.
Google OAuth:
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 privacy@activecampaign.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 (this may include the use of chatbots and please note that your queries and responses to these chatbots may be transcribed and retained);
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.
Disclosure 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, customer service support, 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.
We will not disclose information about you except in the following circumstances or as otherwise described in this Privacy Policy:
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, customer service support providers and chatbot providers;
If you post content in a public area of our Services, we disclose 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 disclose certain information to the integration partners or as directed by you through the integration you enable (See our “Integrations with Other Services” section for more information);
With approved ActiveCampaign partners to provide the Services, customer support, and additional onboarding, implementation and consulting services to you in your local language;
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 (including lawful requests by public authorities to meet national security or law enforcement requirements);
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 disclose 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 allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons, device identifiers, session replay, and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, mobile network information, 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, better understand your online activity and identify usability issues or areas for improvement. 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.
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, Ireland, Brazil, and Costa Rica as well as countries where our service providers and approved ActiveCampaign partners 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 Privacy Framework
In connection with our processing of personal data (as defined by European law) received from the European Economic Area (“EEA“), the United Kingdom (“UK“) or Switzerland, we comply with the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework and the Swiss-U.S. Data Privacy Framework as set forth by the U.S. Department of Commerce (collectively, the “Data Privacy Framework”) with respect to personal data we process from the EEA, the UK or Switzerland and transfer to the United States. ActiveCampaign has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles and the Swiss-U.S. Data Privacy Framework Principles (collectively, the “DPF Principles”) with regard to the processing of personal data received from the EEA, the UK or Switzerland in reliance on the Data Privacy Framework. If there is any conflict between the terms in this Privacy policy and the DPF Principles, the DPF Principles shall govern. For more information about the Data Privacy Framework program, and to view our certification, please visit https://www.dataprivacyframework.gov. We remain responsible and liable under the Data Privacy Framework for any personal data that we disclose to third parties for external processing on our behalf, as described in the “Disclosure 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 Data Privacy Framework, we encourage you to contact us at privacy@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-data-privacy-framework, our designated Data Privacy Framework dispute resolution provider. In certain circumstances, the Data Privacy Framework provides the right to invoke binding arbitration to resolve complaints (see Annex I to the DPF Principles for more details).
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 EEA, the UK or Switzerland, this may include the Standard Contractual Clauses authorized under European Union law. You can find a copy of the Standard Contractual Clauses at this link.
Retaining Your Information
We will retain information about you only for as long as is necessary for the purposes set out in this Privacy Policy or as described to you, including for as long as your account is active (i.e., for the lifetime of your account), or as needed to provide the Services to you. If you no longer want us to use information about you to provide the Services to you, you may cancel your account. We will retain and use such 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 or to demonstrate our compliance with applicable laws governing our interaction with you), 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.
Your Choices
Account Information
If you are a current 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 privacy@activecampaign.com. If you wish to cancel or temporarily pause your account, please email us at privacy@activecampaign.com 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.
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 the applicable Cookie Policy, available at https://www.activecampaign.com/legal/cookie-policy in respect of ActiveCampaign services and https://postmarkapp.com/cookie-policy in respect of Postmark and DMARC Digests services, for more information on your choices with respect to cookies.
Promotional Communications
You may opt out of receiving promotional emails from us 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 privacy@activecampaign.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.
Contact Us
If you have any questions about this Privacy Policy, please contact us at privacy@activecampaign.com or you can otherwise reach us at:
1 North Dearborn Street, 5th floor
Chicago, IL 60602
For ActiveCampaign job applicants as well as current, former, and prospective clients or website visitors, the data controller for purposes of processing information about you is ActiveCampaign, LLC.
For Postmark and DMARC Digests current, former, and prospective clients or website visitors, the data controller for purposes of processing information about you is AC PM 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 our 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 privacy@activecampaign.com.
Withdrawing Consent
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 privacy@activecampaign.com, or by simply cancelling your account through your account settings and then emailing privacy@activecampaign.com to request that your personal data be deleted.
If you withdraw your consent to the processing of your personal data 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 personal data after you have withdrawn consent and requested that we delete your personal data, 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
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 above, 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 activecampaign@eu-rep.global
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 activecampaign@eu-rep.global
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.
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