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Privacy Policy

This Privacy Policy covers our collection, use and disclosure of information we collect through our website, www.act-on.com and our service Act-On. The use of information collected through our service shall be limited to the purpose of providing the service for which the Client has engaged Act-On Software, Inc. ("Act-On").

Act-On has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's Program Requirements and the TRUSTed Cloud Program Requirements including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at privacy@act-on.com. If you are not satisfied with our response you can contact TRUSTe here.

European Reach

Act-On complies with the U.S. – E.U. 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 data from European Union member countries and Switzerland.

The U.S. Department of Commerce, in concert with the European Commission, developed the "Safe Harbor Framework" that allows a U.S. organizations to comply with the Directive by abiding by a set of Safe Harbor Privacy Principles. Companies certify their compliance with these Principles on the U. S. Department of Commerce website. The Framework was approved by the EU in 2000 and gives companies that abide by the Principles assurance that the EU will consider their practices “adequate” privacy protections for EU citizens.

Act-On 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 Act-On's certification, please visit http://www.export.gov/safeharbor/.

We Self-Certify Compliance With:

User Data

Act-On respects the privacy of our Account Users and the privacy of their data. All user information contained within the electronic communications, attached documents, forms, newsletters, surveys and documents you may use or compose with the Act-On Service are governed by the Act-On Terms of Service. Although Act-On owns the data storage, databases and the Act-On Site, you retain all rights to your data. All user data uploaded to an Account of the Act-On Service is stored in a personalized and secure location. We will not utilize, sell, or rent your data uploaded into our system and only the registered users of the account holder may gain access to the uploaded data.

You may choose to stop receiving our newsletter by following the unsubscribe instructions included in these emails or you can contact us at privacy@act-on.com.

Data Collection

We collect the e-mail addresses and certain personally identifiable information of those who communicate with us via e-mail or register with us to open a provisioned Service Account. We also collect certain information regarding which pages users access or visit, and information volunteered by the users (such as any surveys Act-On might conduct and/or site registrations). When you request a Beta account on the Act-On Service, we ask for the following information: your name, your company name, telephone number, and a valid e-mail address at which we may contact you. Users of the Act-On service are also asked to provide their company's postal address and time zone to better personalize their Account. Full paying accounts of the Act-On Service are also required to provide billing address and valid credit card information. When you submit information, you are transferring such information into the United States and you here by consent to such transfer.

Act-On may also collect and analyze from visitors and users certain information regarding the use of the Act-On Site and services available therein. Information collected may include but is not limited to web site traffic volume, frequency of visits, type and time of transactions, type of browser and operating system, etc.

We may provide your personal information to companies that provide services to help us with our business activities such as live chat or payment processing. These companies are authorized to use your personal information only as necessary to provide these services to us.

We will share your personal information with third parties only in the ways that are described in this privacy policy.

Use of Information

We may use personal information to provide the Services you've requested, including services that display customized e-mails, newsletters, forms, documents, and reports. We may also use personal information for auditing, research and analysis to operate and improve the Act-On Site. We may use third parties to assist us in processing your personal information, and we require that such third parties comply with our Privacy Policy and any other appropriate confidentiality and security measures. We may use certain other information collected from you to help diagnose technical problems, administer the Act-On Site, and improve the quality and types of services delivered. We may provide non-identifying and aggregate usage and volume statistical information derived from the actions of our visitors and Account holders to third parties in order to demonstrate the value we deliver to users.

The information we collect is not shared with or sold to other organizations for commercial purposes, except to provide products or services you've requested, when we have your permission, or under the following circumstances:

as required by law, such as to comply with a subpoena, or similar legal process
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
to investigate potential violations of the Act-On Acceptable Use Policy,
to investigate potential violations of the Act-On Terms of Service,
to any other third party with your prior consent to do so.
if Act-On Software, Inc. is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information,

Links to Other Web Sites

Our Site includes links to other Web sites whose privacy practices may differ from those of Act-On Software, Inc. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit.

Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site's computers and stored on your computer's hard drive. Cookies are required to use the Act-On Site. We use cookies to assist in delivering the Service and to provide a positive and personalized user experience. Our persistent and session ID cookies are used to identify unique visitors to our sites and to provide you with easy access to your Account data and information. If you have your browser set to reject cookies, your usage of the Service and Act-On Site is likely to be interrupted.

Third Party Cookies

The use of cookies by third parties is not covered by our privacy policy. We do not have access or control over these cookies.

Clear Gifs (Web Beacons)

Our Site employs a software technology called clear gifs (a.k.a. Web Beacons), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We may tie the information gathered by clear gifs to our customers' personally identifiable information.

Analytics/ Log Files

As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

We do link some of this automatically-collected data to personally identifiable information. This allows us to deliver a better experience by reducing the amount of data that needs to be entered when filling out forms, downloading gated content, completing surveys, etc.

Behavioral Targeting/ Re-Targeting

We partner with a third party ad network to either display advertising on our Web site or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personally identifiable information about your activities on this and other Web sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking Here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

Public Forums

Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at privacy@act-on.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Testimonials

With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at privacy@act-on.com.

Social Media (Features) and Widgets

Our Web site includes Social Media Features, such as the Facebook Like button [and Widgets, such as the Share this button or interactive mini-programs that run on our site]. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Information Related to Data Collected for through the Act-On Platform

Act-On Software, Inc. collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. Act-On Software, Inc. works with its Clients to help them provide notice to their customers concerning, the purpose for which personal information is collected.

We collect information for our clients, if you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the client that you interact with directly.

Act-On Software, Inc. may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our Clients

Act-On Software, Inc. has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Act-On Software, Inc.'s Client (the data controller). If the Client requests Act-On Software, Inc. to remove the data, we will respond to their request within 30 days.

Act-On Software, Inc. will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. Act-On Software, Inc. will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Security

Act-On has implemented processes intended to protect user information and maintain security of data. Each Account holder is assigned a unique user name and password, which is required to access their Account. It is each user's responsibility to protect the security of his or her login information. We have attempted to protect Act-On's servers by locating them areas with security procedures, using of firewalls and implementing other generally available security technologies. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data, but NO GUARANTY CAN BE MADE THAT YOUR INFORMATION AND DATA WILL BE SECURE FROM INTRUSIONS AND UNAUTHORIZED RELEASE TO THIRD PARTIES.

When you enter sensitive information (such as login credentials), we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at privacy@act-on.com.

Cancellation or Termination of the Account

If you choose to cancel your Account and leave the Act-On Service or your Account is terminated because of your breach of the Terms of Service, please contact us at privacy@act-on.com. Please be aware that Act-On may for a time retain residual information in our backup and/or archival copies of our data stores and databases. We will make reasonable commercial efforts to delete your information as soon as reasonably practical.

We will respond to your request to access within 30 business days.

Compliance with Children's Online Privacy Protection Act

As a business service, Act-On does not target its offerings toward, and does not knowingly collect any personal information from users under 13 years of age.

Accessing and Updating Personal Information

When you use the Act-On Site, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. You may update your Account information by logging into your Account. When requests come to Act-On with regard to personal information, we ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Changes to this Policy

We may update this privacy policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Questions

Any questions about this Privacy Policy should be addressed to privacy@act-on.com or by postal mail at:

Act-On Software, Inc.,
8405 SW Nimbus Ave, Suite E
Beaverton, Oregon 97008, USA

Updated: April 4, 2013