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.
This policy applies to information we collect:
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:
We collect information automatically, for example:
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
– Phone number (multiple)
– Email Address (multiple)
– 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:
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:
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 fulfill 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.
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.
Commitment to Privacy Shield
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.
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
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 firstname.lastname@example.org. 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.
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:
We ask for your agreement to process your information for specific purposes and you have the right to withdraw your consent at any time.
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:
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.
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:
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.
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 email@example.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.