Act365.com Privacy Policy

The website service Act! 365 and related software and apps, and the website Act365.com (“Services”) are maintained and distributed by Swiftpage Act! LLC based in the USA and, outside of the Americas and Oceania by its affiliate, Swiftpage International Limited based in the UK. In this policy, both entities are referred to as Swiftpage. If you are a citizen of the European Economic Area, a reference to Swiftpage means Swiftpage International Limited. If you reside outside the EEA, the reference means Swiftpage Act! LLC.

Swiftpage is dedicated to the privacy and rights of our customers and affiliates. This policy describes the types of information we may collect from you or that you may provide when you use or visit the Services, and our practices for collecting, using, maintaining, protecting and disclosing that information. Please read this policy carefully to understand our policies and practices about how we will treat your information. If you do not agree with our policies and practices please do not use act365.com or any other Services. By accessing or using our products or company websites, you indicate that you agree to this privacy policy. This policy may change from time to time. Your continued use of the Services after we make changes is deemed to indicate your acceptance of those changes, so please check the policy periodically for updates.

This policy applies to information we collect:

  • When you use the Services.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
  • If you are a resident of the EEA, to personal data as defined by the General Data Protection Regulation (“GDPR”).

It does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on our websites.

Information You Provide to Us.

The information we collect when you use the Services may include data you actively provide to us, for example:

  • Information that you provide by filling in forms on our websites. This includes information provided at the time of subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our website.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our websites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our websites.

We collect information automatically, for example:

  • Information about your IP address (internet connection) and the equipment you use to access our Services.
  • Information about how you use our Services. For example what pages you visited and links you clicked on. We collect your personal data automatically because it helps us get a better understanding of how you’re using our Services so that we can continue to provide you with the best experience possible (for example by personalising the content you see and editing our content to be more interesting).

We obtain information from third parties. In certain circumstances we may obtain from third parties information about pages you visited before and after your use of website. This is usually when you have consented to such collection and sharing of data with one of our third party advertising partners, like Google. For more information about this kind of data use, please check the relevant advertising vendor’s privacy policy and, if relevant, you may wish to check your preferences with the relevant advertising platform vendor – for example, Google, Facebook, LinkedIn.

We obtain information from apps which our Services integrate with. When you select in-product options to integrate or link Act! 365 with other web services or software products, we will use information from those other products as described in the product. For example:

Use of data using the Gmail connection (details available at https://app.act365.com/#/account/integration)

After you have connected Act! 365 with your Gmail account, you will have the option to import Google Contacts as a one-off import to create new Act! 365 Contacts. When you do this, the following fields from every Google Contact will be imported into Act! 365:

– Google Id. We import this for future use, to avoid duplication from synchronizing.

– First and Last Name

– Birthday

– Phone number (multiple)

– Email Address (multiple)

– Website

– Photo url. We do not current use or publish this url but we may use it in future to display images of Contacts.

After the one off import, Act 365 does not access your Google Contacts again, unless you select the import option again. The imported data will then be stored as Contacts in Act! 365. The imported data will not be shared unless you actively select to do so using a feature in Act! 365.

Lawful use of data

When Swiftpage collects personal data, we’ll only process it on a lawful basis. For EEA citizens, this is as follows:

  • to perform a contract with you (or to work with you in relation to a prospective contract), or
  • if we have legitimate interests to process the personal data and they’re not overridden by your rights. Our legitimate interests are to conduct our business of selling and providing the Services and related products and services, or
  • in accordance with a legal obligation (like a law enacted by a member state), or
  • if we have your consent.

If we do not collect your personal data, we may be unable to provide you with all our services, and some functions and features on our websites may not be available to you.

How we use your data

We use data that we collect about you or that you provide to us:

  • To present our Services and the features and contents to you.
  • To provide you with information, products or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about the Services and your account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Services and any related products or services.
  • For customer support purposes.
  • For marketing communications, about our own products and services, and sometimes those of others which are complementary to our own, always in accordance with your specified marketing preferences
  • In special cases, such as protecting the rights, property, or safety of Swiftpage, our customers, or others.
  • In any other way we may describe when you provide the information.
  • For any other lawful purpose with your consent.

We do not sell or rent personally identifiable information.

Disclosure to Third Parties. We may provide information to our vendors, suppliers, authorized resellers, and other business, development, and industry partners (“Partners”) to enable them to provide you with the Services. We will only do this in accordance with applicable law. In accordance with Swiftpage’s GDPR obligations, Swiftpage has put in place written contracts with our Processors. Those which are based in the USA, have self-certified with the US Department of Commerce Privacy Shield framework. If we export to others outside the EEA, we will ensure adequate safeguards are in place. We will also provide your personal information to government agencies, courts or other third parties where it is necessary to comply with applicable laws or regulations, or to exercise, establish or defend our legal rights. If permitted by law and appropriate, we will notify you of this type of disclosure.

Disclosure between Swiftpage affiliates. Swiftpage International Limited transfers EEA citizens’ personal data to its affiliate company, Swiftpage Act! LLC, headquartered in Denver, Colorado, USA. This is because we share resources globally so need to pass information seamlessly between our group companies. To ensure appropriate safeguards for this transfer and as required by the GDPR, Swiftpage Act! LLC and Swiftpage International Limited have entered into a model contract governing the transfer of such data. In addition, Swiftpage Act! LLC has applied to the US Department of Commerce to self-certify with Privacy Shield framework.

Anonymous Information. We may provide to third parties information about you that does not allow you to be identified to, or contacted by, third parties (“Anonymous Information”). For example, we might inform third parties regarding the number of users of the Sites and the activities they conduct while on the Sites. Depending on the circumstances, we may or may not charge for this Anonymous Information. We may also use this Anonymous Information as part of products or services that we provide to third parties and to improve our products, services, and the Sites.

Services and product data. Information collected by us as set forth above does not include your company’s data entered in the course of using our Services (“Services Data”). We will not access your Services Data except in the following limited circumstances: (1) to provide you with technical support, solely at your request and with your permission; (2) to help us deliver a successful service to you, for example to contact you when you have only used our products or services in a limited way to inform you of ways to maximise your investment in our products; or (3) where the inherent purpose of the product or service requires us to provide the Services Data to a third party on your behalf (for example where we send email on your behalf) and, (4) unless you opt-out, to utilize Aggregate Information derived from Product Data and Services Data to help us improve our products and services and in developing additional offerings. We will not provide your Services Data to any third party or permit any third party to access your Services Data, except by your permission or to comply with valid legal requirements such as a law, regulation, search warrant, subpoena, or court order. In addition, if at any time you decide to discontinue your use of the applicable service, your Services Data will be destroyed and removed from all servers according to terms set forth in your Service Agreement.

GDPR compliance: Data Processing Agreements. To enable you (or the business entity you represent) to fulfil the GDPR requirement to enter into a contract with us covering your engagement of us as a Processor (as defined by GDPR), please request a copy of our Data Processing Agreement by contacting us via our Success Center.

Business transfers. In the event that all or a portion of Swiftpage (or the assets of a Swiftpage entity), is bought or sold, your information will likely be included among the transferred business assets, but such information remains subject to this Privacy Policy or a Privacy Policy substantially similar to this privacy Policy.

U.S. Servers. All data collected outside of the United States may be transferred and processed on servers located in the United States. Your submission of information to us constitutes your consent to this transfer. Although we will collect and use your Information only as stated in this Privacy Policy, laws generally applicable to the protection of personal data in the United States may not be as stringent as those in some users’ home jurisdictions. As mentioned above and to comply with GDPR, Swiftpage will require our Processors (as defined by GDPR) to enter into written contracts with us, and ensure that they have in place appropriate safeguards to ensure compliance with data protection requirements and to ensure the rights of the data subjects appropriate to processing in the EEA.

Children Under 13. Swiftpage does not intentionally collect information from anyone under the age of 13.

Public Areas. You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Websites, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Your privacy choices

Email and Opt-Out. Occasionally, Swiftpage may send you communications to provide you with information or promotions relating to products and services that may be of interest to you, including notification of important product issues and updates. You may opt out of receiving these communications as indicated below. Additionally, we may still send you relationship or transactional messages in order to notify you of important product issues and updates, such as for the renewal of existing subscription services, to resolve specific questions or requests made by you via phone, fax, email, or the Web and in response to any activity completed on any of the Sites, including but not limited to, registration, ordering, downloads, and requests for information. Each email we send will contain instructions on how to unsubscribe in the event that you do not wish to receive future promotional emails from Swiftpage. Please allow 10 business days to be removed from the promotional email list.

Third-party email promotions. If you access and/or use any third party services from a link on the Sites, a Partner co-branded site or by any other means, any information you reveal in connection with such service is submitted to that third party and is not subject to this Privacy Policy. You should consult the privacy policy of the third-party site with respect to its treatment of any information that you may reveal in connection with such service.

Commitment to Privacy Shield

Swiftpage Act LLC 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.  Swiftpage Act LLC has submitted its application to self-certify to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, when granted, please visit https://www.privacyshield.gov/.

Complaints

When we receive formal written complaints, we respond by contacting the person who made the complaint. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of your data that we cannot resolve with you directly.

Website Traffic

The Swiftpage website uses analytics software to monitor traffic and tracking to identify online behaviour of our website visitors who have agreed to such tracking.

Updating Your Information

Please update your information in the “Account” section of Act! 365. For help please go to our Success Center.

Unsubscribing to emails sent by our customers using Act365

If you are the recipient of an email through the Act365 Service Act! emarketing service and wish to opt-out, simply click the “Leave this list” link in the footer of the email.

Changes to Policy

Changes to the Act365.com privacy policy will always be available at act365.com/privacypolicy. Questions relating to this policy can be sent to privacy@swiftpage.com.

Act 365 Contact Information and physical office locations

For support and product related queries, please contact us via the Act365.com Success Center

For privacy related queries please contact us by email to privacy@swiftpage.com. Our office locations are available from http://www.swiftpage.com.  Please note support and sales queries for Act! 365 can only be answered by contacting the Success Center.

Privacy Policy Effective Date:

This privacy policy is effective from December 24 2018.

European requirements – this section applies to EEA citizens only

If European Union (EU) data protection law applies to the processing of your information, we provide the controls described in this policy so you can exercise your right to request access to, update, remove, and restrict the processing of your information. You also have the right to object to the processing of your information or export your information to another service.

For users based in the European Economic Area or Switzerland, the data controller responsible for your information is Swiftpage International Limited. This means that Swiftpage International Limited is the Swiftpage group company that is responsible for processing your information and for complying with applicable privacy laws.

We process your information for the purposes described in this policy, based on the following legal grounds:

  1. With your consent

We ask for your agreement to process your information for specific purposes and you have the right to withdraw your consent at any time.

  1. For legitimate interests

We process your information for our legitimate interests and those of third parties while applying appropriate safeguards that protect your privacy. This means that we process your information for things like:

  • Providing, maintaining, and improving our services to meet the needs of our users
  • Developing new products and features that are useful for our users
  • Understanding how people use our services and software to ensure and improve the performance of our services
  • Customizing our services to provide our users with a better user experience
  • Marketing to inform users about our services
  • Detecting, preventing, or otherwise addressing fraud, abuse, security, or technical issues with our services
  • Protecting against harm to the rights, property or safety of Swiftpage, our users, or the public as required or permitted by law, including disclosing information to government authorities
  • Performing research that improves our services for our users and benefits the public
  • Fulfilling obligations to our partners like developers and rights holders
  • Enforcing legal claims, including investigation of potential violations of applicable Terms of Service
  1. When we are providing a service

We process your data to provide a service you have asked for under a contract. For example, we process your personal information when you take a trial of Act! 365.

  1. When we comply with legal obligations

We process your data when we have a legal obligation to do so, for example, if we are responding to a court process or an enforceable governmental request.

If you have questions, please contact Swiftpage using the contact details below. As a citizen of the EEA, you can contact your country/local data protection authority if you have concerns regarding your rights under your member state or local law.

Your individual rights

You have rights to make a request to us:

  • for access to your personal data
  • for rectification or erasure of your personal data
  • for restriction of processing concerning you
  • to object to our processing which is based on legitimate interests
  • to object to direct marketing (including related profiling)
  • to port your personal data which you have provided to us, either to you or to another provider in a structured, commonly used and machine readable format.

Right to withdraw consent

You have a right to withdraw any consent you give us at any time. This will not affect the legality of our consent-based use before you withdrew consent. To exercise any of these rights, please contact us using the contact details at the beginning of this policy.

Opting out of Email. Occasionally, Swiftpage may send you email to provide you with sales and marketing information or promotions relating to products and services that may be of interest to you. You may opt out of receiving these communications as indicated below. We will also send you relationship or transactional messages in order to notify you of important product issues and updates, such as to inform you about the renewal of your existing subscription contract, to resolve specific questions or requests made by you via phone, fax, email, or the Web and in response to any activity completed using the Services, including but not limited to, registration, ordering, downloads, and requests for information. Each email we send will contain instructions on how to unsubscribe in the event that you do not wish to receive future emails from Swiftpage. Please allow 10 business days to be removed from the promotional email list. Please note that we do need to continue to send you some transactional email for the duration of any contract for services with you; typically these messages concern important security and similar information about the Services.

Cookies. Our website uses cookies and similar tracking technologies to distinguish you from other users of the Websites. This allows us to provide you with a good experience when you browse the Websites and also allows us to improve the Websites. For detailed information on cookies and how we use them, please see our Cookie Policy.

Third-party email promotions. If you access and/or use any third party services from a link on our website, a Partner co-branded site or by any other means, any personal data you provide in connection with such service is submitted to that third party and is not subject to this Privacy Policy. You should consult the privacy policy of the third-party site before you provide your personal data.

Complaints about how we use your personal data

If you are an EEA citizen and are not happy with how we are processing your personal data, please let us know by sending an email to privacy@swiftpage.com. We will review and investigate your complaint, and try to get back to you within a reasonable time.

You have a right to complain to the Information Commissioner, whose contact details are:

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire
SK9 5AF, England, UK. Telephone: 0303 123 1113 (local rate) or 01625 545 745 (national rate).

Website: https://ico.org.uk. This sets out relevant email addresses and an email form.

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