ActivTrak Privacy Statement

Date: March 11, 2021

Birch Grove Software, Inc. (d/b/a ActivTrak) and its respective subsidiaries (“ActivTrak,” “we,” “us,” or “our,” if not explicitly referring to one company) 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 online at www. activtrak.com (the “Site”) or use our products or services that link to this Privacy Statement (collectively, our “Services”), contact our customer service team, engage with us on social media, or otherwise interact with us. Unless otherwise stated below, this Privacy Statement does not apply to offline collection of information or activities outside of our Sites or Services.

If you are a resident of the European Union (“EU”), you may have additional rights under EU law; therefore, please refer to the section titled Additional Disclosures for Individuals in Europe.  For the purposes of this Privacy Statement, references to the EU also include the United Kingdom, Switzerland, Iceland, Liechtenstein and Norway (and any other country of the European Economic Area or “EEA”). 

Additionally, if you are a California resident, you may have additional rights under California law.  Therefore, please review the section titled California Residents Rights. 

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.
  • Website Visitor. You are visiting our Site or one of our other websites that link to this Privacy Statement, but have not signed up for an account with us or otherwise interacted with ActivTrak.
  • Business Contact.  You are not a Customer and do not otherwise hold an ActivTrak account; however, you have expressed interest in ActivTrak or our Services, either directly to us or through a third party.
  • End User. Refers to both (a) individuals who have been authorized by one of our Customers to use the application or Service, for whom access to the Service has been provided, and (b) individuals whose Device has been identified and authorized by one of our Customers to host the ActivTrak agent for collection of activity data.  These include, for example, Customer’s employees, consultants and contractors, among others.

The Personal Information we collect and how we use it may differ if you are a Customer, Website Visitor, Business Contact, or End User, so we make these distinctions in this Privacy Statement, where applicable.

FOR AVOIDANCE OF DOUBT, WE DO NOT SELL YOUR PERSONAL INFORMATION.  

As explained in more detail below, this Privacy Statement does not apply to Personal Information (including End User activity data) we process for or on behalf of our Customers, regardless of whether collected through the use of our Services. This Privacy Statement also does not apply to Personal Information that we process in other contexts, such as the processing of our employees, prospective employees, contractors, suppliers, directors, and officers.  

Please read this Privacy Statement carefully to understand our practices regarding your Personal Information. In addition, please review the Website Terms of Use that apply to your use of the ActivTrak website. If you are a Customer of ActivTrak’s Services, then your use is subject to the applicable agreement, located at www.activtrak.com/legal.  By using our Site, you consent to our Privacy Statement and agree to our Website Terms of Use.  If you do not consent to this Privacy Statement, your choice is to not use our Sites or Services.  

CONTENTS

INFORMATION WE COLLECT

The types of Personal Information we may collect and how we collect it may vary based on your relationship with us.  For purposes of this Privacy Statement, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or (where required by applicable law) household.  Personal Information does not include publicly available information or information that has been anonymized or de-identified, as defined by applicable laws.

Information You Provide To Us. We collect Personal Information that you provide directly to us, which may include contact information, like your name or email address, and any other information you choose to provide.  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., chat). 

Such Personal Information may include:

  • First and last name;
  • Company name and job title;
  • Contact details, including your email address, mailing address, telephone number and fax number;
  • Account credentials, such as login user name and password;
  • Personal preferences regarding products and services; and
  • Payment information, for example, credit card type, number, and expiration date.

Other Information We Collect When You Use Site or Services.  When you access or use our Services, we automatically collect information about your activities, including:

  • Device and Usage Information.  In addition to information that you choose to submit to us, we and/or our service providers may automatically collect and or store certain information when you visit or interact with our Site (“Usage Information”). This Usage Information may be stored or accessed from your personal computer, laptop, tablet, mobile phone or other device (each a “Device”) whenever you visit or interact with our Site or Services.  Usage Information may include: 
    • your IP address or any other unique identifier assigned to the device (“Device Identifier”) that you use to access our Sites or Services;
    • your Device functionality and characteristics (including browser, operating system, hardware, mobile network information);
    • the areas within our Site that you visit and your activities there, including remembering you and your preferences; 
    • your username;
    • the URL that referred you to our Sites or other Services, if any; and
    • certain other Device data, including the time of day that you visit our Site or other Services and how long your visit lasted.
  • Use of Cookies and Similar Tracking Technologies.  We (and our service providers) may use various methods and technologies to collect or store Usage Information about your interaction with our Site or other Services (“Tracking Technologies”) to help us improve our Services and your experience.  A few of the Tracking Technologies we may use include the following (and subsequent technology and methods later developed):
    • Cookies. A cookie is a file placed on a Device to uniquely identify your browser or to store information on your Device. Our Site may use HTTP cookies, HTML5 cookies, Flash cookies and other types of cookie technology to store information on local storage.  For more information, please see our Cookie Policy at https://www.activtrak.com/cookie-policy/
    • Web Beacons. A Web Beacon is a small tag (which may be invisible to you) that may be placed on our Site’s pages and messages.
    • Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on.
    • ETag, or entity tag. An Etag or entity tag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.
    • BrowserFingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
    • Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices e.g., that a user of multiple Devices is the same user.

    We may use Tracking Technologies for a variety of purposes, including:

    • To allow you to use and access the Site or Services, including for the prevention of fraudulent activity and improved security functionality or to allow you to make use of shopping cart functionality;
    • To assess the performance of the Site or Services, including as part of our analytic practices or otherwise to improve the content, products, or services offered through the Site;
    • To offer you enhanced functionality when accessing the Site or Services, including identifying you when you sign-in on our Services or keeping track of your specified preferences or to track your online activities over time and across third-party sites; and
    • To deliver content, including ads, relevant to your interests on our Site and third-party sites based on how you interact with our advertisements and/or content.

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 Choices and Updating Your Information and Preferences section below and our Cookie Policy at www.ActivTrak.com/cookie-policy.  

If you are a resident of the EU or other jurisdiction that requires consent to use cookies, you will have an opportunity to manage your cookie preferences on such Sites; however, certain cookies are essential to enable our Site’s functionality and cannot be disabled.

Information We Receive From Other Sources.  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.  Additionally, our Customers may provide us with information about you in order to manage our relationship with the Customer or administer our Services on their behalf.  This information 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 on other companies or individuals with whom you do business. 

Finally, if you interact with a third-party service when using our Sites or Services, such as using a third-party service to log-in to our Sites or Services (e.g., Facebook Connect, Google Sign-In, or Twitter OAuth), or if you share content from our Sites through a third-party social media service, the third-party service may send us information about you. 

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, comments, suggestions, or other content (“User Submissions”). To participate in Community Forums, you may be asked to select a user name 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 user name, 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.

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 location based on your IP address or infer that you are looking to purchase certain products or services based on your browsing behavior.

Customer End User Information.  When we provide our Services on behalf of our Customer, the information, including activity data, collected from or about their authorized End Users (“Customer End User Data”) is controlled by the Customer.  In those instances, Customer End User Data is governed by the privacy practices of the Customer.  Therefore, please review the applicable Customer’s Privacy Statement or notice outlining how your information will be collected, used, stored, used, and managed. 

Additional Information We May Collect If You Are a Customer.   

  • Account Registration Information: You need an ActivTrak account before you can use our Services. When you register for an account, we collect your contact details and account credentials, which may include your first and last name, company name, work email address, and account password or token-based authentication information.
  • Billing Information: If you make a payment to ActivTrak, we require that you provide your billing details, which includes your name, address, email address and financial information corresponding to your selected method of payment (e.g. a credit card number and expiration date or a bank account number). 
  • Transactional Information: When you sign up for an ActivTrak account, 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.
  • Customer End User Data: We store your Customer End User Data for you and provide analytics tools for you to use with respect to this information.

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.

ADVERTISING AND ANALYTICS

We allow third parties to provide analytics services and serve advertisements on our behalf; therefore, you may see certain ads on other websites because we participate in advertising networks administered by third parties. These networks track your online activities over time and across third party websites and online services by collecting information through automated means, including through the use of the Tracking Technologies described above, and they use this information to show you advertisements that are tailored to your individual interests. The information they collect includes information about your visits to our Site, such as the pages you have viewed. This collection and ad targeting take place both on our Site and on third-party websites that participate in the ad network. This process also helps us track the effectiveness of our marketing efforts.  Note that the third party platforms may offer you choices about whether you see these types of customized ads.

We may also use Tracking Technologies, such as our own cookies, to provide you with personalized online display advertising tailored to your interests. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics and Heap Analytics cookies) and third-party cookies (such as a LinkedIn, Capterra and CJ Affiliate) together to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Site. For more information about behavioral advertising practices, go to https://youradchoices.com/ and http://www.networkadvertising.org/choices. You may also click on the informational icon contained within each interest-based ad.

CUSTOMER END USER DATA

This Privacy Statement does not apply to Customer End User Data.  When we provide Services to our Customers, the information  collected by or on behalf of our Customers is controlled by the Customer.  Therefore, our Customers, not ActivTrak, determine the type of Customer End User Data processed by us through our Services.  If you are an End User, please review the Customer’s Privacy Statement to learn more about the Customer’s data handling practices.  If you are an End User and you would like to access, amend or delete your Personal Information, please contact the Customer directly.  

 

HOW WE USE YOUR INFORMATION

We use the Personal Information we collect from Customers to:

  • Provide, maintain and improve our products and Services; 
  • Process transactions, 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 to you (see Your Choices 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 Services;
  • Personalize the advertisements you see on third-party platforms and websites (for more information, see the 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 Website Visitors and Business Contacts to:

  • Provide, maintain and improve our products and Services; 
  • Monitor and analyze trends, usage, and activities in connection with our Services;
  • Tailor your experience on our Services;
  • Personalize the advertisements you see on third-party platforms and websites (for more information, see the 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 personal information we collect from or about End Users to:

  • Provide, maintain and improve our products and 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, develop, create, extract, compile, synthesize, analyze and commercialize statistics, benchmarks, measures and other information based on Aggregated Data (collectively, “Blind Data”). “Aggregated Data” means Customer 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 Blind Data to market and improve the functionality of our products and Services.

Automated Decision Making.  We do not use any Personal Information provided by you for the purpose of automated decision-making.

HOW AND WITH WHOM WE MAY SHARE YOUR INFORMATION

We share Personal Information in the following circumstances or as otherwise described in this policy: 

  • With our Customers with respect to authorized End Users of the applicable Customer;
  • With 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 (including promotions);
  • With 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 Service 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;
  • With 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; 
  • Between and among ActivTrak and 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 with respect to their End User Data.

Sharing of End User Data 

All End User Data is owned and managed by our Customer who authorized a specific End User for use of our Services.  ActivTrak processes End User Data on behalf of its Customer and treats End User Data as private to that 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 generally. 

ActivTrak does not sell End Users Data.  Additionally, ActivTrak does not use End User contact details collected from or on behalf of Customers to contact End Users without the Customer authorization.

YOUR CHOICES AND UPDATING YOUR INFORMATION AND PREFERENCES

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 Personal 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 or, with respect to End User Data, our Customer.

Account Information.  If you are a Customer or other individual with whom we have a direct business relationship, you can update your communication preferences at any time through our email subscription center, which we provide on our Sites. You may also update and correct certain account information you provide to us or change your preferences by contacting us by email  at [email protected]

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.

If you wish to delete your account, please contact us via email at [email protected], but note that we may retain certain information as required by law or for other business purposes (e.g.,  cached or archived copies of information about you). We will take reasonable steps to authenticate the identity of any individual seeking access to Personal Information.  Please note that we may not be able to  remove or delete all of your information from our databases without retaining some data for archival or other business purposes. Also, if you have posted any User Submissions to a Community Forum, these communications generally cannot be removed.

DO NOT TRACK DISCLOSURE

Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or respond to these signals or other mechanisms. You may, however, elect not to receive marketing messages and/or have certain cookies placed on their browser, as discussed in this Privacy Statement.

INFORMATION SECURITY

We will take reasonable precautions to protect your Personal Information in our possession from loss, misuse, and unauthorized access, disclosure, alteration or destruction. 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.

ENFORCEMENT

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.

We commit to resolve questions and complaints about your privacy and our collection or processing of Personal Information about you. If you believe that we are not complying with the terms of this Privacy Statement or other legal requirements, you should first contact us by email at [email protected]. We will investigate and will do our best to internally resolve any complaints and disputes you bring to our attention regarding the use and disclosure of your Personal Information.

CHILDREN’S ACCESS

The Site is a general audience website intended for adult business use only. Accordingly, none of our Services, including this Site, are directed to children.  ActivTrak does not market to, nor do we use the Services to knowingly collect any personal information from, children under the age of thirteen (13).  If you are a child under 13 years of age, you are not permitted to use the Service and should not send any information about yourself to us through the Service.  Additionally, if you are located in the EU, EEA, United Kingdom or Switzerland you may use our Service only if you are over the age at which you can provide valid consent to data processing under the laws of your country.  If we become aware that we have collected Personal Information from a child, we will dispose of that information in accordance with the Children’s Online Privacy Protection Act and other applicable laws and regulations.  If you believe that a child may have provided us Personal Information, please contact us at [email protected].  

ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN EUROPE   

If you are located in the EEA, the United Kingdom or Switzerland, and have a direct relationship with ActivTrak, you have certain rights and protections under the law regarding the processing of your personal data by ActivTrak, and this section of our Privacy Statement applies to you.  For this section, we use the terms “Personal Data” and “processing” as they are defined in the EU General Data Protection Regulation.   

We have included additional definitions that apply to individuals in the EEA, United Kingdom and Switzerland:

  • Data Controller. A “controller” is the legal entity which, alone or jointly with others, determines the purposes and means of the processing of personal information.  ActivTrak is the controller of your Personal Data processed in connection with the Sites.  
  • Data Processor. A “processor” is a legal entity or other body which processes information collected from Application Users and End Users on behalf of the controller, as defined above. ActivTrak is a data processor for information collected at the direction of ActivTrak Customers using our Services.

If there are any conflicts between this section and any other provision of this Privacy Statement, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict.  If you have any questions about this section or whether any of the following applies to you, please contact us at [email protected].

Legal Basis for Processing

We will only process your Personal Data if we have a lawful basis for doing so. When we process your personal data, 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.

ActivTrak does not sell, rent or use personal data for reasons other than that for which it was originally collected. If any of those practices should change in the future, we will update this Privacy Statement appropriately and provide individuals with opt-out or opt-in choice prior to the change being effective.  

Data Retention

We will retain your personal data 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 otherwise having opted in to receiving marketing communications from us (without thereafter having unsubscribed or opted out); logging in to our Service; ordering a product or Services from us; or creating, editing, or otherwise posting User Submissions on our Site.  We maintain this personal data 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. 

If you are a Customer or other individual with whom we have a direct business relationship, you may request that we delete your personal data at any time by filling out this form. Except as required under applicable law, your request will be honored within 30 days of receipt.  

Notwithstanding the above, ActivTrak will retain your information indefinitely if it believes in good faith that it has a legal obligation to do so.

What Rights Do You Have Regarding Your Personal Data?  You have the right to request access to the personal data we hold about you and to ask that your personal data be corrected, erased, or transferred.  You may also have the right to object to, or request that we restrict, certain processing.  

These certain rights with respect to your Personal Data, include the rights listed below: 

  • Access:  You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. 
  • Rectification: If you believe that any Personal Data is incorrect or incomplete, you can request that we correct or supplement such data.  
  • Erasure: You can request that we erase some or all of your Personal Data from our systems.  
  • 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: In some instances, you can 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 may lodge a complaint about ActivTrak’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

How to Submit Data Subject Requests.  If you would like to exercise any of these rights, see the instructions below. 

Customers.  With respect to our Customers and individuals with whom we have a direct business relationship, individuals wishing to exercise these rights can fill out this form.  

End Users.  If you are an End User, and ActivTrak processes your personal data on behalf of an ActivTrak Customer, please refer your request to our Customer.  We provide Customers with a portability function, which allows Customers to download End User Data, including personal data, specific to that Customer.

Erasure and Removal from Promotional Lists.  If you would like to remove your name and address from promotional lists (including any personal data gathered by our service providers) and place your name on our “do not contact” list, please fill out this form and note in the “Request Details” section that you be placed on our “do not contact” list. Please note that because names may be similar, you must include in your request all associated email addresses and phone numbers (if any) that you wish to be removed in the body of the email. We may still contact you for administrative purposes or in order to assist us in deleting your account or information about you. We may also send you a confirmation email, once we have deleted your information. 

Transfer of Information from the EU, UK, or Switzerland

Your Personal Data may be collected, transferred to and stored by us, our affiliates and third parties that are based in other countries.  When we transfer personal data from the European Union (“EU”), European Economic Area (“EEA”), United Kingdom or Switzerland to the United States, we do so consistent with applicable law, including (but not limited to) entering into Standard Contractual Clauses approved by the European Commission.

Privacy Shield

Although no longer used for data transfers as of July 16, 2020, ActivTrak continues to comply with the principles of the EU-U.S. Privacy Shield Framework  (“Privacy Shield Principles”), as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data. ActivTrak has certified that it adheres to the Privacy Shield Principles with respect to such data, including the principles of Notice, Choice, Accountability, for Onward Transfers, Security, Data Integrity and Purpose Limitation, Access and Recourse, Enforcement and Liability. If there is any conflict between the policies in this Privacy Statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit: https://www.privacyshield.gov/welcome.

ActivTrak is subject to the regulatory and enforcement authority of the United States Federal Trade Commission.  Consistent with the Privacy Shield Frameworks we inform EU and Swiss individuals that we may be required to release their information in response to lawful requests by public authorities including to meet national security and law enforcement requirements.  If ActivTrak shares personal data transferred to the United States consistent with the Privacy Shield Principles with a third-party service provider processing such data on our behalf, then we will be liable for that third party’s processing that violates the Privacy Shield Principles, unless we can prove that we are not responsible for the event resulting or otherwise giving rise to such violation.

Consistent with the Privacy Shield Principles, ActivTrak commits to resolve complaints about your privacy and our collection or use of your personal data transferred to the United States pursuant to Privacy Shield Principles. EU and Swiss individuals with privacy inquiries or complaints should first contact ActivTrak using the information in the Contact Us section below.  ActivTrak has further committed to refer unresolved privacy complaints under the Privacy Shield Frameworks to an independent dispute resolution mechanism, 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.  This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

CALIFORNIA RESIDENTS RIGHTS


The California Consumer Privacy Act or “CCPA” (California Civil Code Section 1798.100 et seq.) affords consumers residing in California certain rights with respect to their personal information. If you are a California resident, this section applies to you if you are a Customer or have a direct relationship with us.  This section of the Privacy Statement applies to information collected online and offline through or in connection with our Services. 

In the preceding 12 months, we may have collected the categories of Personal Information set forth in the table below. For examples of the precise data points we collect and the categories of sources of such collection, please see “Information We Collect” above. We collect Personal Information for the business and commercial purposes described in “How We Use Your Information” above. In the preceding 12 months, we may have disclosed the following categories of Personal Information for business purposes to the following categories of recipients:

Categories of Personal Information Categories of Vendors to which Personal Information Is Disclosed for a Business Purpose
Identifiers
  • Vendors and service providers such as payment processing, web hosting, information technology, customer service, cloud service, data analytics, social networks, marketing and advertising.
  • Law enforcement, government agencies, and for legal compliance, when necessary 
Commercial Information
  • Vendors and service providers such as payment processing, web hosting, information technology, cloud service, customer service, data analytics, social networks, marketing and advertising
  • Law enforcement, government agencies, and for legal compliance, when necessary 
Employment and Education Information
  • Vendors and service providers, such as information technology, and cloud service. 
  • Law enforcement, government agencies, and for legal compliance, when necessary
Personal information described in California Civil Code Section 1798.80(e)
  • Vendors and processors, such as payment processing, information technology, cloud service, customer service, and data analytics. 
  • Law enforcement, government agencies, and for legal compliance, when necessary
Internet or Other Electronic Network Activity 
  • Vendors and service providers such as payment processing, web hosting, information technology, customer service, cloud service, data analytics, social networks, and marketing and advertising
  • Law enforcement, government agencies, and for legal compliance, when necessary
Geolocation Data
  • Vendors and service providers such as payment processing, web hosting, information technology, cloud service, customer service, data analytics, social networks, marketing and advertising 
  • Law enforcement, government agencies, and for legal compliance, when necessary
Inferences
  • Vendors and service providers such as information technology, data analytics, marketing and advertising 

Your Rights under the CCPA.  Subject to certain limitations, you have the right to (1) request to know more about the categories and specific pieces of personal information we collect, use and disclose, (2) request deletion of your Personal Information, (3) opt out of any sales of your personal information that may be occurring, and (4) not to be discriminated against for exercising these rights. 

The rights to know and delete are subject to our being able to reasonably verify your identity and authority to make these requests.  In order to verify your identity when you submit a request, we will ask you to provide two (2) or three (3) pieces of personal information to confirm in our records.  For example, if you purchased an ActivTrak plan through our Site, you will be asked to provide at least your name and details of your last purchase.  

Do Not Sell My Personal Information.  ActivTrak does not sell your personal information for monetary or other valuable consideration. However, as explained above, we do allow our advertising partners to use Cookies and other Tracking Technologies to collect Personal Information about you in order to show ads that are targeted to your interests. In order to opt out of having your Personal Information used for targeted advertising purposes, please see Advertising and Analytics above. 

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 these requests by completing this form or by emailing us at [email protected]. You may also authorize someone to exercise these rights on your behalf.  In order to do so, we require signed permission.  If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with power of attorney or equivalent document that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. 

If you are an authorized agent seeking to make a request, please fill out this form as discussed above. Once we have a copy of the valid signed authorization, your designated representative/authorized agent will be able to exercise these rights with respect to the account(s) listed on such authorization for the life of the account, unless there is a specified term or expiration date on the authorization form.  Any information gathered as part of the verification process will be used for verification purposes only.  Responses to verifiable consumer requests will be delivered through your online account with us or, if you do not have an account, by postal mail or email.

NEVADA RESIDENTS RIGHTS

If you are a Nevada resident, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell your Personal Information.  Please note that ActivTrak does not sell Personal Information of Nevada Residents (as sales are defined under the Nevada Privacy Law). 

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

CHANGES TO THE Privacy Statement

We may change this Privacy Statement from time to time.  If we make changes, we will notify you by posting a revised version of the policy to the Site with the updated revision date and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification).  Any changes that we make to this Privacy Statement will be effective immediately upon our posting the revised Privacy Statement on the Sites. If the changes are material, we will provide notice of the changes on the Site prior to the changes becoming effective. We encourage you to review this Privacy Statement regularly to stay informed about our information practices and the choices available to you.

Last updated on March 11, 2021

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