INFORMATION WE COLLECT FROM OR ABOUT YOU
Personal Information You Provide To Us. We collect Personal Information that you provide to us through our Sites, and in connection with other business dealings we may have with you. Such information may include:
- First and last name
- Company name
- Email address
- IP address
- Login user name and password
- Mailing address
- Telephone number
- Fax number
- Personal preferences regarding products and services
Information necessary to process a credit card transaction, such as the credit card type, number, and expiration date.
Usage Information We Collect. In addition to Personal Information that you choose to submit to us, whenever you visit or interact with our Sites, we may collect or store information about your interaction with our Sites and Services (“Usage Information”). This Usage Information may include:
- your IP address or any other unique identifier assigned to the device that you use to access our Sites
- your username
- user and endpoint activity
- browser window titles
- the functionality and characteristics of your device, including type of browser, operating system and hardware, mobile network information, and in some cases location information
- the URL that referred you to our Sites, if any
- your activities on our Sites, such as which web pages you visit, what terms you searched within our Sites, and which links within our Sites that you click on
- the time of day that you visited our Sites and how long your visit lasted
We use certain common methods and technologies to collect and store Usage Information about your interaction with our Sites (“Analytic Technologies”). These Analytic Technologies may be downloaded to the personal computer, laptop, tablet, or mobile phone that you use to access the Sites (“Your Device”). The specific Analytic Technologies that we use are as follows:
Web Beacons. A web beacon, including tracking pixels, is a small graphic image or other web programming code, also known as “1×1 GIF” or “clear GIF.” We may download web beacons to Your Device when you access our Sites or through email messages that we send to you. Web beacons are used to improve your experience on our Sites. Web beacons also help us to understand whether users read email messages and click on the links contained within those messages so that we can deliver relevant content and messages. Our web beacons may collect certain of your contact information (e.g., the email address associated with an email message that contains a web beacon).
Embedded Scripts. An embedded script is a programming code that is designed to collect information about your interactions with our Sites, such as which links within our Sites you click on, which type of browser or device you use (e.g. mobile or desktop version). We use such information to enhance the user experience. This code is downloaded onto Your Device when you access our Sites and is deactivated or deleted when you leave our Sites. Identification of the user does not take place.
CUSTOMER END USER DATA
While we recognize that an individual may have the right to access, delete and amend the data collected about that individual, we do not have a relationship with Customer End Users but rather only with our customers. If you are a Customer End User and you would like to access, amend or delete your data, then you need to contact the customer directly, and we will respond within a reasonable period of time to any such request by our customer.
HOW WE USE YOUR INFORMATION
Business Use. We use your Personal Information primarily to facilitate our ongoing and proposed business dealings with you (“Business Use”). This includes to: (1) process business transactions with us that you initiate, including without limitation orders of products and services and the creation of user profiles; (2) establish and maintain customer accounts so that we may provide products or services of ours requested by you or your company; (3) register you as a user of these products or services so that you may access them through our Sites or otherwise; (4) communicate with you about updates, maintenance, outages, or other technical matters concerning these products or services; (5) provide you with training and support regarding usage of these products or services; (6) notify you about changes to any of the policies and procedures for use of these products or services; (7) verify the accuracy of account and technical contact information we have on file for you and your company in relation to these products or services; (8) respond to questions or inquiries that you or your company may have about our products or services. We also may use your Personal Information as required for us to comply with laws and regulations relating to the products or services that we provide in any of the jurisdictions in which we or our affiliated companies operate, including the United States; and (9) we may use Usage Information internally within ActivTrak to help us improve our products or services, or to develop new products or services.
We may also use your Personal Information to personalize the content of the Sites and communications based on your preferences, and to comply with our legal or contractual obligations and to resolve disputes. Additionally, we may use your Personal Information to protect against or deter fraudulent, illegal, or harmful actions and to enforce our terms and conditions of use (depending on which product or service you are using).
Marketing Purposes. With your consent or as otherwise permitted by applicable law, we may use your Personal Information for purposes relating to the marketing of our content, products, and services, or those of our business partners (“Marketing Purposes”). This includes to: (1) send you newsletters, press releases, event announcements, and other similar communications regarding the products or services that we offer; (2) market or promote our products or services to you, including by offering you trial or limited access to certain of our products or services; (3) either directly or through third-party services, solicit input from you regarding improvement of our products or services, including but not limited to, Beta programs, product ratings and reviews, and interviews; (4) inform you of third-party offerings that we think you or your company may be interested in which relate to our products or services; (5) send you announcements or requests on behalf of other customers of ours who believe you would benefit from use of our products or services; and (6) other purposes that we disclose to you at the time we obtain your consent.
Referrals. From time to time, we may receive Personal Information about you from third parties who recommend or suggest that we contact you for business purposes. We receive such Personal Information because you have consented towards the third party that they might share your Personal Information. If we use that information to contact you, it will only be to see if you are interested in our products or services, or those of our business partners. We will not use this information for other purposes without your consent. In addition, if you inform us that you are not interested in these products or services, we will stop using the information to contact you.
Data Integrity. You are responsible for the accuracy of all Personal Information that you provide to us. We will use reasonable efforts to maintain the accuracy and integrity of your Personal Information, and to update that information as appropriate. We will take reasonable steps to ensure that the Personal Information we collect from you is relevant to its intended use, and that it is used only in ways that are compatible with the purposes for which it was collected or otherwise authorized by you.
Automated Decision Making. We do not use any personal data provided by you for the purpose of automated decision-making.
RETENTION OF PERSONAL INFORMATION
We retain Personal Information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to retain your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
WITH WHOM WE MAY SHARE INFORMATION
Outside of ActivTrak. We may share your Personal Information with “Data Processors” as described below, and with other third parties for purposes disclosed to you at the time you provided the information, or as subsequently authorized by you. From time to time, we also may offer you the option of sharing your Personal Information with third parties in order to receive information and/or marketing offers from them or other persons. If you consent to the sharing of your Personal Information for these purposes, it will be subject to the privacy policies and business practices of those third parties. If you later decide that you no longer want us to share Personal Information with such third parties, please contact us as indicated below under the section “CHOICE AND UPDATING YOUR INFORMATION AND PREFERENCES.” We will process your request in a reasonable period of time. Note, however, that if you no longer wish to receive communications from a third party which has already received your Personal Information from us, you will need to contact that third party directly to inform them of this.
Partners. We may also share your contact information with the following partners so that we can better serve you:
Distributors and resellers: if you are in a location where we primarily sell our products and services through a distributor or reseller, we may pass your contact information on to such distributor or reseller so that they can contact you directly about your interest in ActivTrak’s products and services.
Managed Service Providers: we may share your contact information with third parties that provide an offering or service that runs the ActivTrak product for you. If that managed service provider is also an ActivTrak reseller or distributor, you may purchase the ActivTrak product directly through them.
Implementation Partners: we may share your contact information with partners who can help you with implementation and integration of ActivTrak into your environment.
Training Delivery Partners: we may share your contact information with partners that we work with to deliver training for ActivTrak products in certain locations, so that such partner can facilitate the delivery of the training directly to you.
Site Hosting. Our Sites and the servers on which they are hosted are operated in various countries around the world in which we conduct our business. Thus, your Personal Information associated with our Sites may be transferred to and/or processed in a country other than that from which it was collected. The data protection laws in those countries may differ from those of the country in which you are located. The servers may be operated by third party hosted service providers. If you are a resident of the EU, any such transfers will be made in accordance with applicable laws.
Links to Other Websites and Applications. The Sites may contain various links to, as well as plug-ins or widgets from, social media and other third-party websites or applications, which may provide additional information, goods, services, and/or promotions. These third-party websites or applications are owned and operated independently of ActivTrak, and may have their own separate privacy and data collection practices. We are not responsible for the privacy practices of any third party; therefore, you should review their privacy policies and practices prior to interacting with their websites or applications, using any of their tools, or sharing any of your Personal Information with them.
Community Forums. Our Sites may offer message boards, chat rooms, blogs, and other public areas (“Community Forums”) where you can interact with our employees, other customers, post images, data, requests, questions, comments, suggestions, or other content, including your Personal Information (“User Submissions”). To participate in Community Forums, you may be asked to select a user name and password and/or provide us with your email-address, and to agree to the terms of participation for those Community Forums. We use this information to identify you and to contact you, if needed, for the provision of those Community Forums. You are able to change your email preferences or discontinue your participation in the Community Forums at any time. Your password and your email-address will not be visible to other users or shared with third parties. You should be aware that any User Submissions you post to a Community Forum, as well as your user name, may be viewed by other members of that forum. If you choose to voluntarily post User Submissions to a Community Forum, be aware that such information is viewable by anyone else on that Community 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. We might also delete User Submissions without further notice if they include harmful or inappropriate content (e.g., pornographic material, content encouraging vandalism, crime, terrorism, racism, violence, or cruelty), or infringe any third party’s rights or applicable law.
Promotions. We may offer various promotions (“Promotions”) through the Sites or elsewhere that may require registration with your Personal Information. If you choose to enter or otherwise participate in a Promotion, your Personal Information may be disclosed to third parties in connection with administration of the Promotion, such as in connection with winner selection, prize fulfillment, and as otherwise required by law. By entering into a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice, and/or likeness in advertising or marketing materials. These rules will be displayed to you during the registration process, and you will be asked for your consent to the respective data processing at that time.
CHOICE AND UPDATING YOUR INFORMATION AND PREFERENCES
We reserve the right to take reasonable steps to authenticate the identity of any individual seeking access to Personal Information. We may provide web pages or other mechanisms on our Sites through which you can update subscription preferences. You can also contact us to update your Personal Information or change your preferences. Our contact information for these purposes is by email at privacy@ActivTrak.com. 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 reserve the right to send you certain communications relating to transactions you initiate, your customer account, your use of our Sites, or other business matters, and that these communications may be unaffected if you choose to opt-out from marketing communications.
In accordance with our routine record keeping and applicable law, we may delete certain records that contain your Personal Information. We are under no obligation to store such information indefinitely, and we disclaim any liability arising out of, or related to, the destruction of that information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. Also, if you have posted any User Submissions to a Community Forum, these communications cannot generally be removed.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@ActivTrak.com.
We will take reasonable precautions to protect your Personal Information in our possession from loss, misuse, and unauthorized access, disclosure, alteration or destruction. We will make reasonable efforts to keep your Personal Information reliable for its intended use, accurate, current and complete. As necessary, we will take additional precautions regarding the security of particularly sensitive information, such as credit card information. While we strive to secure your Personal Information, we cannot warrant or guarantee that this information will be protected under all circumstances, including those beyond our reasonable control.
We encourage you to raise any questions or concerns that you may have about the way we process your Personal Information by contacting us at the address set forth below.
The Sites are intended for business use. We do not knowingly collect or solicit Personal Information from anyone under the age of 18. If you are under 18, please do not attempt to register for the Sites or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us Personal Information, please contact us at privacy@ActivTrak.com.
EUROPEAN DATA SUBJECTS
Transfers of Personal Data.
If we transfer any Personal Data from the EU to a third country or territory outside the EU that has not received a binding adequacy decision by the European Commission or a competent national data protection authority, such transfer will be subject to appropriate safeguards in accordance with the data protection laws (including Article 46 of General Data Privacy Regulation).
ActivTrak recognizes potential liability in cases of onward transfer to third parties. ActivTrak will not transfer any personal information to a third-party without first ensuring that the third-party adheres to the Privacy Shield principles. ActivTrak does not transfer Personal Data to unrelated third parties, unless lawfully directed by a client, or in certain limited or exceptional circumstances in accordance with the EU-U.S. Privacy Shield Framework.
Lawful Bases for Processing.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing may include consent, contractual necessity, our legitimate interests, or other processing grounds, in each case as further described below.
Contractual Necessity: When you purchase our products and services, we process your Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our agreement with you, which enables us to provide you with the products and services you request. When we process Personal Data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Sites or our products and services that require such Personal Data.
Legitimate Interest: We may also process your Personal Data for our legitimate interest purposes.
Examples of these legitimate interests include:
- Operation and improvement of our business, products, and services
- Provision of customer support
- Protection from fraud or security threats
- Protecting the security of your account with us
- Providing you with a sign-in method
- Determining your geographic location and preferences so that we can serve you better
- Compliance with legal obligations
- Completion of corporate transactions
Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection. If you provide us with opt-in consent to receive marketing information from ActivTrak, we will process your email address for the purpose of sending you marketing information about our products and services. The legal ground for processing your email address for this purpose is your consent. You may withdraw your consent any time by selecting “unsubscribe” in the marketing email or email us at privacy@ActivTrak.com.
Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email privacy@ActivTrak.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by contacting us at privacy@ActivTrak.com to make such corrections.
Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. In certain circumstances, you can correct some of this information directly by contacting us at privacy@ActivTrak.com to make such corrections.
Erasure: You can request that we erase some or all of your Personal Data from our systems.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Sites.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Right to File Complaint: You have the right to lodge a complaint about ActivTrak’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
If you are an EU data subject with an unresolved complaint or dispute arising under the requirements of the Privacy Shield, we agree to refer your complaint under the Privacy Shield to an independent dispute resolution mechanism. That independent dispute resolution mechanism is the International Centre for Dispute Resolution, the international division of the U.S.-based American Arbitration Association. For more information and to file a complaint, you may contact the International Centre for Dispute Resolution by phone at +1.212.484.4181, or by visiting the website https://go.adr.org/privacyshield.html. We are also subject to the investigatory and enforcement powers of the Federal Trade Commission with respect to the Privacy Shield. In addition, under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, EU data subjects may invoke binding arbitration before the Privacy Shield Panel jointly created by the U.S. Department of Commerce and the European Commission.
Birch Grove Software, Inc. D/B/A ActivTrak complies with the EU-U.S. Privacy Shield Framework, as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States.
To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/
CALIFORNIA RESIDENTS RIGHTS
California enacted the CCPA in 2018, and it is effective as of January 1, 2020. The CCPA imposes certain obligations on us and grants certain rights to California residents (“California Resident,” “you” or “your”) with regard to “personal information” (as defined under the CCPA). If you are a California Resident, please review the following information about your potential rights with regard to your personal information under the CCPA. The rights described herein are subject to exemptions and other limitations under applicable law.
Terms used in this section have the meaning ascribed to them in the CCPA. ActivTrak is a “business.” For purposes of California residents only, Personal Information includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a California resident or a household. It does not include de-identified information, aggregate consumer information, or publicly available information, as those terms are defined in the CCPA.
Our Collection and Use of Personal Information. In the preceding 12 months, we may have collected from or about you all of the categories of Personal Information listed in “INFORMATION WE COLLECT ABOUT YOU”. We may collect Personal Information from all or some of the categories of sources listed in “INFORMATION WE COLLECT ABOUT YOU”. We may collect or use Personal Information for the business or commercial purposes listed above in “HOW WE USE YOUR INFORMATION”.
Our Disclosure and Sharing of Personal Information. We may disclose your Personal Information to our service providers or other entities that have agreed to limitations on the use of your Personal Information or that fit within other exemptions or exceptions in or as otherwise permitted by the CCPA or other applicable laws.
We also sell Personal Information within the meaning of the CCPA, including the Personal Information of minors under 16 years of age.
California Residents’ Rights Under the CCPA If your Personal Information is subject to the CCPA, you may have certain rights with regard to such Personal Information, including the right to:
- Right to Notice. Be informed, at or before the point of collection, of the categories of Personal Information to be collected and the purposes for which the categories of Personal Information shall be used.
- Right to Request to Delete. Request that we delete any Personal Information about you that we have collected or maintained, subject to certain exceptions. We reserve the right to retain, and not to delete, certain Personal Information after receipt of a Request to Delete from you where permitted by the CCPA or where another law or regulation is applicable. We may retain your Personal Information if doing so is necessary for us or our service providers to, for example:
- Comply with a legal obligation.
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Complete a transaction for which we collect the Personal Information, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you.
- Use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the Personal Information.
- Right to Request to Know. Request that we, as a business that collects Personal Information about you and that sells and discloses for a business purpose Personal Information, disclose to you:
- The categories of Personal Information we have collected about you.
- The categories of sources from which we collected the Personal Information.
- The business or commercial purpose for collecting or selling the Personal Information.
- The categories of third parties with whom we share Personal Information.
- The specific pieces of Personal Information we have collected about you.
- The categories of Personal Information about you we have sold or disclosed for a business purpose.
- Right Not to Be Discriminated Against. Not be discriminated against because you exercised any of your rights under the CCPA.
- Right to Request Opt-Out of Sale. Request that we, as a business that sells Personal Information, not sell your Personal Information. ActivTrak does not Sell your Personal Information under CCPA.
The CCPA does not restrict ActivTrak’s ability to do certain things like comply with other laws or comply with regulatory investigations. ActivTrak also reserves the right to retain, and not to delete, certain Personal Information after receipt of a request to delete where permitted by the CCPA.
How to Submit a Request to Know or to Delete Under the CCPA. If your Personal Information is subject to the CCPA, you may submit a Request to Know and/or a Request to Delete, as described above, by calling the following telephone number 1-888-907-0301, or by sending an email to firstname.lastname@example.org.
ActivTrak is required to provide certain information or to delete Personal information only in response to verifiable requests made by a California Resident or their legally authorized agent. We may need to request specific information from you or your agent to help us confirm your identity or your agent’s authorization to act on your behalf and ensure your right to access the requested information. Any information gathered as part of the verification process will be used for verification purposes only.
If an authorized agent seeks to submit a Request to Know or a Request to Delete on behalf of a California Resident, the authorized agent may do so by the aforementioned methods, however, they must provide: (i) signed authorization from the California Resident authorizing them to act on the California Resident’s behalf, unless they can provide proof that the California Resident has granted them power of attorney pursuant to California Probate Code sections 4000 to 4465; and (ii) proof of their registration with the California Secretary of State to conduct business in California. We also require that the California Resident directly verify their own identity with us and directly confirm with us that they provided the authorized agent permission to submit the request.
We will deliver responses to verifiable consumer requests free of charge either through your online account with us, if you have such an account already, or, if you do not have a pre-existing online account, by mail or electronically, at your election.
NEVADA RESIDENT RIGHTS
Nevada law gives Nevada residents the right to opt-out of the “sale” of certain Personal Information, provided certain requirements are met. Terms used in this section shall have the meaning ascribed to them in the Nevada Privacy Law. For purposes of this section only and with regard to Nevada residents only:
- Personal Information means any one or more of the following items of personally identifiable information about a consumer collected by an operator through an Internet website or online service and maintained by the operator in an accessible form: (i) first and last name; (ii) home or other physical address which includes the name of a street and the name of a city or town; (iii) electronic mail address; (iv) telephone number; (v) social security number; (vi) identifier that allows a specific person to be contacted either physically or online; or (vii) any other information concerning a person collected from the person through the Internet website or online service of ActivTrak and maintained by ActivTrak in combination with an identifier in a form that makes the information personally identifiable.
- “Sale” means the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons.
ActivTrak does not sell Personal Information of Nevada Residents under the Nevada Privacy Law.