Date: September 20, 2024
Birch Grove Software, Inc. (d/b/a ActivTrak) and its subsidiaries (“ActivTrak,” “we,” “us,” or “our”) provide software applications for visibility and analytics into workforce productivity. This Privacy Statement (“Privacy Statement”) applies to the personal information we collect from or about you, including when you use our website located at www.activtrak.com (the “Site”), use our other websites, applications, products, or services (collectively with the Site, our “Services”), contact our customer service team, engage with us on social media, or otherwise interact with us. We may provide different or additional notices of our privacy practices for certain products or services, in which case those notices will supplement or replace the disclosures in this Privacy Statement.
We may change this Privacy Statement from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Statement. If we make material changes, we will provide you with additional notice (such as by adding a statement to the Services or sending you a notification). We encourage you to review this Privacy Statement regularly to stay informed about our information practices and the choices available to you.
To better understand what information is most relevant to you, we have provided some useful definitions:
- Customer. You hold an account with us to use our Services or you have expressed interest in ActivTrak or our Services, either directly to us or through a third party.
- Website Visitor. You are visiting or using our Site or one of our other websites that link to this Privacy Statement.
- End User. Refers to individuals who have been authorized by a Customer to access and use the Services and individuals whose device hosts the ActivTrak Agent. End Users may include Customers’ employees, consultants, and contractors, among others.
How we collect, use, and process personal information may differ if you are a Customer, Website Visitor, or End User, so we make these distinctions in this Privacy Statement, where applicable. When we provide our Services on behalf of our Customers, Customers control how End User information is collected, used, disclosed and processed. If you are an End User, please review the applicable Customer’s privacy policy for disclosures about how the Customer collects, uses, and processes your information.
CONTENTS
- Information We Collect
- How We Use Your Information
- Targeted Advertising and Analytics
- How and With Whom We May Disclose Your Information
- Your Privacy Choices
- Transfer of Information to the United States and Other Countries
- Data Retention
- Additional Disclosures for Individuals Residing in Certain U.S. States
- Additional Disclosures for Individuals Residing in Europe
- Contact Us
INFORMATION WE COLLECT
The information we collect about you depends on how you interact with us or use our Services. In this section, we describe the categories of information we collect and the sources of this information.
Information You Provide To Us. If you are a Website Visitor or Customer, we collect information that you provide directly to us. For example, you share information directly with us when you subscribe to our newsletter or sign up for our email updates, fill out a webform on our Site, request customer support, or when you otherwise communicate with us (e.g., via chat). The types of personal information we may collect include:
- Contact information. This includes your name, work email address, the country you work in, and telephone number.
- Account Information. Examples include your account password or token-based authentication information, company name, and job title.
- Other Information. This includes information about the types of products and services you are interested in.
Information We Collect Automatically. If you are a Website Visitor, we automatically collect information about your activities, including:
- Device and Usage Information. We collect information about how you access our Site, including: your IP address or any other unique identifier assigned to your device; your browser, operating system, hardware, and mobile network information; the areas within our Site that you visit and your activities there, including remembering you and your preferences; the URL that referred you to our Site; and certain other device data, including the time of day that you visited our Site and the length of time of your visit.
- Use of Cookies and Similar Tracking Technologies. We (and our service providers) may use various methods and technologies to collect or store information about your interaction with our Site to help us improve our Site and your experience. A few of the tracking technologies we may use include cookies, web beacons, embedded scripts, ETags or entity tags, browser fingerprinting, and recognition technologies. Many browsers allow you to restrict or limit cookies and similar technology. Please note that restricting or blocking cookies may impede your use of our Site. For more information about cookies and how to disable them, see the Your Privacy Choices section below and our Cookie Policy.
- Transactional Information. When you purchase one of our plans or cancel your account or plan, we collect information about the transaction, such as plan details, purchase price, and date of the transaction. We also work with a third-party payment processor to collect and process your payment information.
Information We Receive From Other Sources. If you are a Website Visitor or Customer, we may collect information about you from non-affiliated third parties, for example, where you give permission to those third parties to share your information with us, you have made that information publicly available online, third parties recommend or suggest that we contact you for business purposes, or in connection with business transactions that you initiate with us, such as through credit verification. Information we collect from other sources may include:
- Contact information, such as your name, company name, job title, mailing address, phone number, fax number, and email address;
- Information on the content, products, or services you have shown interest in; and
- Information about your company.
- If you interact with a third-party service, such as Google, to login to your account, or if you share content from our Services through a third-party social media service, the third-party service may send us information about you in accordance with their privacy policy. The use and transfer of information received from Google APIs will adhere to the Google User Data Policy, including the Limited Use requirements.
Information We Derive. We may derive information or draw inferences about you based on the information we or our partners collect. For example, we may make inferences about your approximate location based on your IP address or infer that you are looking to purchase certain products or services based on your browsing behavior.
Information From End Users. Please refer to our “What Data Does ActivTrak Collect” article for information about personal information that we may collect from End Users.
Community Forums. Our Services may offer message boards, chat rooms, blogs, and other public areas where you can interact with our employees, other customers, post images, comments, suggestions, or other content. To participate in community forums, you may be asked to select a username and password, provide us with contact details, and accept that community forum’s terms of participation. Please note that the user submissions you post to a community forum, as well as your username, may be viewed by other members of that forum. Think carefully before you post and use caution before disclosing any personal information in a community forum. We are not responsible for the accuracy, use, or misuse of any user submission that you disclose or receive through a community forum. Additionally, we may delete user submissions without notice in our sole discretion if it violates the community forum terms, contains inappropriate or unlawful content, or infringes the rights of a third party.
HOW WE USE YOUR INFORMATION
We use the information we collect from Customers and Website Visitors to:
- Provide, maintain, assess, and improve our Services;
- Process transactions and subscriptions and send related information, including confirmations, receipts, invoices, customers experience surveys, and Service-related notices;
- Send technical notices, security alerts, and support and administrative messages and to respond to your comments, questions, and to provide you customer service;
- Communicate about products, services, and events offered by ActivTrak and others, and provide news and information we think will interest you (see the Your Privacy Choices section below for information about how to opt out of these communications at any time);
- Monitor and analyze trends, usage, and activities in connection with our Services;
- Tailor your experience on our Site;
- Personalize the advertisements you see on third-party platforms and websites (for more information, see the Targeted Advertising and Analytics section below);
- Detect, investigate, and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity, and protect the rights and property of ActivTrak, our Customers, and others;
- Debug to identify and repair errors in our Services;
- Comply with our legal and financial obligations; and
- Carry out any other purpose described to you at the time the information was collected.
We use the information we collect from or about End Users to:
- Provide, maintain, assess, and improve our Services;
- Monitor and analyze trends, usage, and activities in connection with our Services;
- Detect, investigate and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity, and protect the rights and property of ActivTrak, our Customers, and others;
- Debug to identify and repair errors in our Services;
- Comply with our legal and financial obligations; and
- Carry out any other purpose described to you at the time the information was collected.
We may also collect, process, and use End User data that has been anonymized, combined with the data of other Customers or additional data sources, and presented in a way that does not identify an individual or entity. We use de-identified data to market and improve the functionality of our Services and we will not attempt to re-identify such information, except as permitted by law.
TARGETED ADVERTISING AND ANALYTICS
We engage others to provide analytics services, serve advertisements, and perform related services across the web and in mobile applications. These entities may use cookies, web beacons, SDKs, device identifiers, and other technologies to collect information about Website Visitors’ use of our Site, including IP address, user session, web browser and mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information is used to deliver advertising targeted to Website Visitors’ interests on other companies’ sites or mobile apps and to analyze and track data, determine the popularity of certain content, and better understand your online activity. To opt out of cookie-based ad targeting, see the Opting Out of Cookie-Based Targeted Advertising section below.
Website Visitors can also learn more about interest-based ads or opt out of having their web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance, by visiting www.aboutads.info/choices, or by visiting www.youronlinechoices.eu if you live in Europe.
HOW AND WITH WHOM WE MAY DISCLOSE YOUR INFORMATION
We disclose personal information in the following circumstances or as otherwise described in this Privacy Statement:
- To our vendors, service providers, and consultants that need access to perform services for us, such as companies that assist us with web hosting, payment processing, fraud prevention, customer service, and marketing and advertising;
- To certain partners to serve our Customers, including distributors and resellers, managed service providers, implementation partners to assist with implementation and integration to your environment, and training delivery partners in certain locations;
- If we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
- If we believe your use of the Services is unlawful or inconsistent with our Terms of Service, this policy or other applicable policies, or it is necessary to protect the rights, property, and safety of ActivTrak, our Customers, End Users, the public, or others;
- To our lawyers and other professional advisors to obtain advice or otherwise protect and manage our business interests;
- In connection with transactions involving our business, we may transfer some or all personal information in our possession to a successor organization in the event of (or negotiation of) a merger, acquisition, bankruptcy or other sale or transfer of all or a portion of our assets;
- To our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and
- With your consent or at the direction of Customers.
Disclosing End User Data
All End User data is owned and managed by our Customers who authorized a specific End User for use of our Services. ActivTrak processes End User data on behalf of its Customers and treats End User data as private to each applicable Customer, except if the Customer authorizes disclosure to other third parties. Please contact the Customer directly for more information about the Customer’s privacy practices.
TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER COUNTRIES
ActivTrak is headquartered in the United States and has operations and vendors in the United States and other countries. Therefore, we and those that perform work for us may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. Where required by law, we provide adequate protection for the transfer of personal information in accordance with applicable law, such as by obtaining your consent, relying on the European Commission’s adequacy decisions, or executing Standard Contractual Clauses. You may access a copy of these Standard Contractual Clauses via the link here.
DATA RETENTION
We will retain your personal information while you have a relationship with ActivTrak, which may include (but is not limited to): registering for an account; subscribing to one of our newsletters or opting in to receiving marketing communications from us (without thereafter having unsubscribed or opted-out); logging in to our Service; ordering a product or service from us; or creating, editing, or otherwise posting submissions on our Site. We retain this personal information for as long as is necessary for the purpose(s) for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations, and for other business purposes explained in this Privacy Statement.
YOUR PRIVACY CHOICES
Communication Preferences. If you are a Customer, you can update your communication preferences at any time through our email subscription center. If you receive a marketing communication from us by email, you may also opt out of receiving future email marketing communications by following the opt-out instructions provided in that email. Please note that we may still send you communications relating to transactions you initiate, your customer account, or our ongoing business relations.
Opting Out of Targeted Advertising, Sharing, and Sales
As described in the Targeted Advertising and Analytics section above, we process personal information to understand and improve your experience with our Site and to serve you advertisements on non-ActivTrak properties. Depending on where you reside, you may have the right to opt out of targeted advertising, sharing, and sales of your personal information. You can do so via this form, and sliding the “Targeting Cookies” toggle to the left so that it appears grey.
ADDITIONAL DISCLOSURES FOR INDIVIDUALS RESIDING IN CERTAIN U.S. STATES
California, Colorado, Connecticut, Utah, and Virginia have enacted consumer privacy laws that grant their residents certain rights and require additional disclosures (“State Laws”). If you reside in one of these states, this section applies to you.
Additional Disclosures
Our Privacy Statement explains how we collect, use, and disclose information about Website Visitors and Customers, as well as our targeted advertising and analytics practices. Below, we use two different tables to explain this same information in accordance with the State Laws. The tables describe our data practices now and over the past 12 months.
Collection, Use, and Disclosure of Personal Information
| Categories of Personal Information | Categories of Recipients | Use of Personal Information |
| Identifiers, such as your name and email address |
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| Commercial Information, such as your purchase history |
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| Employment and Education Information, such as your company name |
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| Internet or Other Electronic Network Activity, such as your device ID or IP address |
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| Geolocation Data (approximate only) |
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| Inferences, such as products you may be interested in |
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End Users should refer to this section for information about how we use information from End Users, and this section for information about how we disclose information from End Users.
Personal Information that we “Share,” “Sell,” or Use for “Targeted Advertising”
We disclose the following categories of personal information from Website Visitors to third parties to engage in targeted advertising and other marketing activities, including to expand the reach and effectiveness of our marketing campaigns. These disclosures may be considered “sales” or “sharing” or use of personal information for “targeted advertising” under certain State Laws.
| Categories of Personal Information | Categories of Recipients |
| Identifiers, such as your name and email address | Advertising and marketing networks |
| Internet or Other Electronic Network Activity, such as your device ID or IP address | Advertising and marketing networks |
Other Details About our Information Practices.
- We collect personal information directly from you, automatically when you access or use our Site, and from third-party sources, each described in more detail in the Information We Collect End User section above. We may also derive information or draw inferences about you based on the information we or our partners collect.
- We do not sell, share, or use End User data for targeted advertising.
- We do not knowingly collect, sell, or share personal information about consumers under the age of 16.
- We generally do not collect information that is considered “sensitive” under State Laws. In the limited circumstances we inadvertently do (such as when the screenshots feature is enabled via the ActivTrak Agent), we do not use or disclose sensitive personal information for the purpose of inferring characteristics and we process such data in our capacity as a service provider to our Customers.
Your Privacy Rights.
- Opt-Out of Sales, Sharing, and Targeted Advertising. Some of the activities described in the Targeted Advertising and Analytics section above may be considered “sales” or “sharing” of your personal information or use of your information for “targeted advertising” under the law that applies to you. You can opt out of cookie-based ad targeting via this form, and sliding the “Targeting Cookies” toggle to the left so that it appears grey. If you reside in California, you can also opt out by visiting our Site with a legally-recognized opt-out preference signal enabled, such as the Global Privacy Control.
- Access, Correction, and Deletion. You have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information. If you are a Customer or Website Visitor, please fill out this form to request access, correction, or deletion of your personal information. We may verify your request by asking you to provide information related to your recent interactions with us, such as your name, administrator email address and ActivTrak account ID. You can also access or correct certain information stored within your online account by following the instructions found here. You can delete information by submitting a completed form found here.
If you are an End User, and ActivTrak processes your personal information on behalf of a Customer, please make your rights request to such Customer. We provide Customers with a portability function, allowing Customers to download End User data specific to that Customer.
- Appeals. If we deny your request, you may appeal our decision by contacting us at [email protected]. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.
- Nondiscrimination. We will not discriminate against you for exercising your privacy rights.
- Authorized Agents. If you are submitting a rights request as an authorized agent, please submit your request to [email protected]. You are required to submit proof of your authorization to make the request, such as a valid power of attorney or proof that you have signed permission from the individual who is the subject of the request. Please do not provide any sensitive personal information in connection with this request, such as a driver’s license or other government-issued ID. In some cases, we may contact the individual who is the subject of the request to verify his or her own identity or confirm you have permission to submit this request.
ADDITIONAL DISCLOSURES FOR INDIVIDUALS RESIDING IN EUROPE
If you reside in the European Economic Area, this section applies to you.
Legal Basis for Processing. When we process your personal information, we will do so in reliance on the following lawful bases:
- To perform our responsibilities under our contract with you (e.g., processing payments for and providing the services you have ordered).
- When we have a legitimate interest in processing your personal data to operate our business correctly and efficiently or protect our interests (e.g., to provide, maintain and improve our services, conduct data analytics, and communicate with you).
- When we find such processing is necessary to comply with a legal obligation to which we are subject (e.g., to maintain a record of those who have opted-out of marketing communications).
- When we have your consent to do so (e.g., when you agree to receive marketing communications from us). You may withdraw such consent at any time by emailing us at [email protected] or, if applicable, by updating your communication preferences at our email subscription center. Please note that withdrawing consent will not affect processing prior to such withdrawal, nor will it affect processing based on other lawful bases.
Your Privacy Rights. You have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, (3) request correction of inaccurate personal information, (4) request restriction of processing of your personal information, and (5) object to the processing of your personal information for certain purposes. To exercise any of these rights, please fill out this form. If you have a concern about our processing of 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. Contact details for your Data Protection Authority can be found using the links below:
- For individuals in the EEA, click here.
- For individuals in the UK, click here.
- For individuals in Switzerland, click here.
CONTACT US
If you have any questions or concerns about this Privacy Statement or the way your personal information is processed by ActivTrak, you can contact us by email, by mail, or by phone at:
Birch Grove Software, Inc. DBA ActivTrak
1301 South MoPac Expressway
Suite LL25
Austin, Texas 78746
Email: [email protected]
Phone: +1 (888) 907-0301