The purpose of this “Privacy Policy” is to inform all individuals from whom Personal Data is collected by Actify (“You” or “Your”). This Privacy Policy describes how Actify collects, uses and discloses information, and what choices you have with respect to the information.

Updates in this version of the Privacy Policy reflect changes in data protection law. In addition, we have worked to make the Privacy Policy clearer and more understandable by:

  • organizing it into the sections listed in the Table of Contents below.
  • defining and capitalizing a few terms that are used more than once for simplicity and brevity.

When we refer to “Actify”, we mean the Actify entity that acts as the controller of your information.

 

  1. Applicability of this Privacy Policy
  2. What information we collect
  3. Age limitations
  4. How we use the information we collect
  5. Data processing and retention
  6. How we share Personal Data
  7. How we transfer Personal Data internationally
  8. Your rights
  9. Data security
  10. Third-party links
  11. Dispute resolution
  12. Changes to this Privacy Policy
  13. Contact

1. Applicability of this Privacy Policy

This Privacy Policy applies to Actify’s professional services and software solutions (collectively, the “Services”), Actify and other Actify websites (collectively, the “Websites”) and other interactions (e.g., customer inquiries, email, user events, etc.) you may have with Actify. If you do not agree to the terms, do not access or use the Services, Websites or any other aspect of Actify’s business.

This Privacy Policy does not apply to any third-party applications or software that integrates with the Services Actify provides (“Third Party Services”), or any other third-party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Services (the “Customer Agreement”), including the processing of any messages, files or other content submitted through Services, Websites and Actify personnel (collectively, “Customer Data”). The customer (“Customer”) is the organization (e.g., your employer or another entity or person) that entered into the Customer Agreement.

Personal data (“Personal Data”) means any information relating to an identified or identifiable person. An identifiable person is a person who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to the person.

Non-Personal Data means any information that does not result in the identification of a person.

2. What information we collect

Actify may collect and receive Personal Data and other information and data (“Other Information”) in a variety of ways.

Actify Companies:  We receive information about you from companies that are owned or operated by Actify (“Affiliate & Subsidiary”) in accordance with their terms and policies.

Actify Partners:  We work with a global network of partners (“Partners & Resellers”) who provide fulfilment, consulting, implementation, training and other services around our products.  Some of these Partners also help us to market and promote our products, generate leads for us, and resell our products.  We receive information from these Partners, such as billing information, billing and technical contact information, company name, what Actify products you have purchased or may be interested in, and what country you are in.

Other Partners: We receive information about you and your activities from third-party partners, such as advertising and market research partners who provide us with information about your interest in and engagement with, our Services and online advertisements.

Personal Data likely includes:

  • Title;
  • first and last name;
  • postal address;
  • email address;
  • telephone number(s);
  • login and password;
  • type of organization, organization name, organization size, department and job title;
  • industry and sub-industry sectors;
  • delivery method and people to whom purchases must be shipped;
  • financial data (credit card number and expiry date, name and address of the cardholder);
  • IP address; and
  • any other Personal Data as may be relevant for the purposes listed below.

In all cases, however, the Personal Data gathered is limited to data necessary for the purposes described in Article 4 below.

Other Information.
Actify also collects, generates and/or receives Other Information:

Log data: Services automatically collect information and record it in log files. Log files may contain information about devices accessing the Services, including the type of device, what operating system is used, device settings, and crash data. Whether we collect some or all this information often depends on the type of device used and its settings. We only receive log files when You voluntarily engage in customer support and feedback provided during an issue resolution.

Cookie Information: Actify uses cookies and similar technologies in our Websites that help us collect usage information. The Websites may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and across other websites and online services. For more details about how we use these technologies, please see our Cookie Policy.

3. Age limitations

Actify products and services are not designed to be marketed to children under the age of 16 and Actify do not knowingly collect or store Personal Data from children under the age of 16. To the extent prohibited by applicable law, Actify does not allow the use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.

If parents become aware that their child has provided Actify with Personal Data without their consent, they can ask Actify to remove such Personal Data and terminate the child’s account by sending an email to dataprotection@actify.com

If Actify becomes aware that it has collected Personal Data from a child under 16, Actify will take steps to seek the parent’s consent for that processing or to remove such Personal Data and terminate the child’s account.

4. How we use the information we collect

As stated above, you provide Your Personal Data on a voluntary basis. Personal Data will be used by Actify in accordance with Your instructions, including any applicable terms of the Customer Agreement, and as required by applicable law.

Actify uses Personal Data in furtherance of our legitimate interests in operating our Services, Websites and business.

We are the sole owners of the information retrieved and collected by the Website and Services. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.

Personal Data is generally collected to carry out the business of Actify, such as improving Actify’s marketing and advertising efforts, better tailoring Actify’s products and services to customers’ needs or complying with reporting obligations required by law, and similar activities.

Actify collects and uses Your Personal Data for the purpose of carrying out its business, in particular for the following purposes:

  • To enable You to request and receive information on Actify and Actify products and services;
  • To provide You with a personalized interactive use of the Websites;
  • To ascertain Your requirements and interests and provide You with the most suitable products and/or services;
  • To allow You to open and maintain an account to obtain specialized documentation and technical assistance;
  • To access all the features and options offered by the Websites;
  • To enable Actify to manage surveys;
  • To enable Actify to manage its marketing activities;
  • To enable Actify to manage its business relationships: sales opportunities, commercial offers, purchasing, contracts, orders, invoices, etc.
  • To provide You with commercial or support-type services;
  • To enable You to purchase software licenses, or products or services, download software and/or register software licenses;
  • To enable You to register for a webinar or event;
  • To enable Actify to manage its Research & Development activities: developments requests, incidents, quality, tests, etc.;
  • To process an employment application from You and manage the recruitment sources;
  • To manage Your training and/or certification on Actify products and services;
  • Any other purposes associated with the purpose of carrying out the business of Actify.

Subject to applicable local law, by providing Your e-mail address, You hereby expressly authorize, Actify and its subsidiaries to use it together with other relevant Personal Data to send You commercial or marketing messages.

Actify might also use Your email address for administrative or other non-marketing purposes (for example, to notify You significant changes to the Websites and Services).

5. Data processing and retention

Processing of Personal Data includes using, storing, recording, transferring, adapting, summarizing, amending, reporting, sharing and destroying Personal Data as necessary under the circumstances or as otherwise required by law.

All Personal Data that is collected will be stored for a limited duration that is relevant for the purpose of such collection and only for so long as required by applicable law.

Actify will take all commercially reasonable steps to retain Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services, and as required by applicable law.

Actify may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Other Information after your contract has lapsed for the period of time needed for Actify to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.

6. How we share Personal Data

We share information that helps us operate, provide, improve, customize, support and market our Services.

Business Partners: Your Personal Data may be disclosed to and used by an Affiliate, Subsidiary, Partner and Reseller of Actify for the purposes stated in Article 4 of this Privacy Policy. Actify may share Your Personal Data with the Reseller assigned to You or in the territory where You are located for the purpose of Actify business. Actify may also share Your Personal Data with a Partners when Actify and the business partner sponsor an event together or participate in a marketing promotion together and in which You engage.

Service Providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, payment processing, analysis and other services for us, which may require them to access or use information about you.  If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.

Please note that Actify may transfer Your Personal Data outside of the European Union, as long as before transferring Your Personal Data, Actify has ascertained that non-European Union entities, including Actify’ affiliates and subsidiaries, offer an adequate level of protection in accordance with European legislation.

Where Actify has knowledge that a third party to which Actify has provided Personal Data for the purposes listed in Article 4 above, is using or disclosing Personal Data contrary to this Privacy Policy or to applicable laws, Actify will take reasonable steps to prevent or stop such use or disclosure.

You will have the opportunity to decide whether You authorize Actify to use Your Personal Data for a purpose which is different than the purpose for which it was originally collected.

Actify may also disclose Your Personal Data if required by law or if Actify believes in good faith that such disclosure is reasonably necessary to comply with legal process or protect the rights, property, or personal safety of Actify, our customers, or the public.

If allowed by applicable law, Actify may also share Your Personal Data with third parties in order to offer You targeted marketing or advertising.

These transfers may be transmitted over the internet or by any other method which Actify determines is appropriate and in accordance with applicable law.

7. How we transfer Personal Data internationally

International transfers of information we collect:
We collect information globally and primarily store that information in the United States. We transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you with the Services. Whenever we transfer your information, we take steps to protect it.

International transfers within the Actify’s Companies:
To facilitate our global operations, we transfer information to the United States and allow access to that information from countries in which the Actify owned or operated companies have operations for the purposes described in this policy. These countries may not have equivalent privacy and data protection laws to the laws of many of the countries where our customers and users are based. When we share information about you within and among Actify corporate affiliates, we make use of standard contractual data protection clauses, which have been approved by the European Commission, and we rely on the EU-U.S. and Swiss-U.S. Privacy Shield Framework to safeguard the transfer of information we collect from the European Economic Area and Switzerland. Please see our Privacy Shield notice below for more information or contact us as provided below.

International transfers to third parties:
Some of the third parties described in this privacy policy, which provide services to us under contract, are based in other countries that may not have equivalent privacy and data protection laws to the country in which you reside. When we share information of customers in the European Economic Area or Switzerland, we make use of the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, European Commission-approved standard contractual data protection clauses, binding corporate rules for transfers to data processors, or other appropriate legal mechanisms to safeguard the transfer. Please see our Privacy Shield Notice below.

Privacy Shield Notice:
Actify, Inc. and its subsidiaries (Actify Europe Ltd, and Actify Europe GmbH) participate in and comply with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks and the Privacy Shield Principles regarding the collection, use, and retention of information about you that is transferred from the European Union or Switzerland (as applicable) to the U.S. We ensure that the Privacy Shield Principles apply to all information about you that is subject to this privacy policy and is received from the European Union, the European Economic Area, and Switzerland.
Under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, we are responsible for the processing of information about you we receive from the EU and Switzerland and onward transfers to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for such onward transfers and remain liable in accordance with the Privacy Shield Principles if third-party agents that we engage to process such information about you on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.

To learn more about the Privacy Shield Program, and to view Actify’s certification, please see here www.privacyshield.gov.

We encourage you to contact us as provided below should you have a Privacy Shield-related (or general privacy-related) complaint. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact the ICO – Information Commissioner’s Office that we recognize as our independent supervisory authority. Through this third-party dispute resolution provider, we have also committed to cooperating and complying with the information and advice provided by an informal panel of data protection authorities in the European Economic Area and/or the Swiss Federal Data Protection and Information Commissioner (as applicable) in relation to unresolved complaints (as further described in the Privacy Shield Principles). You may also contact your local data protection authority within the European Economic Area or Switzerland (as applicable) for unresolved complaints.

Under certain conditions, more fully described on the Privacy Shield website, including when other dispute resolution procedures have been exhausted, you may invoke binding arbitration.

We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

8. Your rights

Actify will take reasonable steps to ensure that the Personal Data collected is used for the purposes stated in this Privacy Policy and that such Personal Data is correct and up to date.

Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information.  Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep.

To the extent that Actify’s processing of your Personal Data is subject to the General Data Protection Regulation, Actify relies on its legitimate interests, described above, to process your data. Actify may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to Actify’s use of your Personal Data for this purpose at any time.

Actify may deny access or erasure to Personal Data in limited circumstances, defined by applicable laws and regulations.

Access and update your information: You can access and update certain information about you from the ‘Manage Preferences’ service.  You will have the right to access or modify Personal Data and set communication preferences or object to the sending of marketing communications from Actify by following the instructions available within each marketing communication received from Actify. If you cannot use the tools, contact Actify for assistance by sending an email to the following address: dataprotection@actify.com

Request that we stop using your information:  In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don’t have the appropriate rights to do so.  For example, if you believe a submission or request was created for you without your permission or you are no longer interested in Actify’s services, you can request that we delete your contact information as provided in this policy.  Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for marketing purposes by contacting us, as provided below.  When you make such requests, we may need time to investigate and facilitate your request.  If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved.  contact Actify for assistance by sending an email to the following address: dataprotection@actify.com

Opt out of communications:  You may opt out of receiving promotional communications from us by using the unsubscribe link within each marketing email, update your email preferences within the ‘Manage Preferences’ service, or by contacting us as provided below to have your contact information removed from our promotional email lists.  Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services.  contact Actify for assistance by sending an email to the following address: dataprotection@actify.com

Delete your information:  You may ask us to delete information we retain about you. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.  Contact Actify for assistance by sending an email to the following address: dataprotection@actify.com

Data portability:  Data portability is the ability to obtain some of your information in a format you can move from one service provider to another.  Depending on the context, this applies to some of your information, but not to all your information.  Should you request it, we will provide you with an electronic file of your basic account information.  Contact Actify for assistance by sending an email to the following address: dataprotection@actify.com

9. Data security

Actify undertakes to ensure the protection and security of Personal Data that You choose to communicate, in order to ensure the confidentiality of Your Personal Data and prevent Your Personal Data from being distorted, damaged, destroyed or disclosed to unauthorized parties.

Actify maintains reasonable physical, electronic, and procedural safeguards to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. As part of those safeguards, Actify employs sophisticated technology designed to protect Personal Data during its transmission and prevent transmission errors or unauthorized acts of third parties. However, while Actify strives to protect Your Personal Data, considering the inevitable risks of data transmission over the internet, Actify cannot guarantee full protection against any error occurring during the course of Personal Data transmission which is beyond Actify’s reasonable control.

Since all Personal Data is confidential, access is limited to employees, contractors and agents of Actify who have a need to know such data in carrying out their tasks. All the people who have access to Your Personal Data are bound by a duty of confidentiality and subject to disciplinary actions and/or other sanctions if they fail to meet these obligations.

However, it is important for You to exercise caution to prevent unauthorized access to Your Personal Data. You are responsible for the confidentiality of Your password and information appearing on Your account.

To receive more detail, request a copy of Actify’s Data Protection Policy.

10. Third-party links

The Websites might offer links to third party websites not controlled by Actify or its subsidiaries which may be of interest to You.

Actify does not exercise any control over the content of third party websites or the practices of these third parties relating to the protection of Personal Data that they might collect and are thus not in the control of Actify. Consequently, Actify declines all liability for the content of third party websites or the practices of these third parties concerning the protection of Personal Data.

It is, therefore, Your responsibility to inform yourself of the privacy policies of these third parties.

11. Dispute resolution

Although Actify has put in place reasonable safeguards to protect Personal Data, we recognize that there is no method of transmitting or storing Personal Data that is completely secure.

However, Actify is committed to ensuring the privacy of Personal Data: if You have a reason to believe that the security of Your Personal Data has been compromised or misused, You should contact Actify via the following address: dataprotection@actify.com

Actify will investigate and attempt to resolve complaints regarding use and disclosure of Personal Data in accordance with the principles contained in this Privacy Policy.

12. Changes to this Privacy Policy

Actify may change this Privacy Policy from time to time. Laws, regulations and industry standards evolve, which may make those changes necessary, or we may make changes to our business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, Actify will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account.

13. Contact

For any additional question concerning this Privacy Policy, to opt out of receiving information from Actify or any request for rectification, completion, update, or deletion of Your Personal Data You may send an email to the following email address: dataprotection@actify.com