Privacy Policy

1. INTRODUCTION AND OVERVIEW

This Privacy Policy (the “Policy”) explains how ActionIQ, Inc. (“ActionIQ”, or “we”, “us” or “our”) collects, uses and shares your personal information if you visit www.actioniq.com (the “Site”), register for our services to use the interface platform (the “Platform”), or provide your personal data in connection with our events, sales, and marketing activities. For convenience, the Site, the Platform, and our services are collectively referred to as the “Service.” This Policy also describes the rights you have regarding our use of your personal data, the measures we take to protect the security of the data, and how you can contact us about your rights. This Privacy Policy does not apply to information collected by us through our customers’ (“Customers”) use of our Services. Those data collection, use, and sharing practices are covered by our Customers’ privacy policies and terms of use, which we encourage you to review.

2. PERSONAL INFORMATION WE COLLECT DIRECTLY FROM YOU

The information we collect from you directly is classified in the category of “Personal Identifier”. This data category may include your name, postal address, email address, phone, employer and similar information. We don’t collect any sensitive information. For the details on when we collect this information, please see below.

• Customers

When you register for and log onto our Platform, we collect personal data, such as your name, email address, telephone number (including for multi-factor authentication), company name, job title, and other professional and employment information.

If you purchase/subscribe to our Platform, we also collect financial information, such as billing and payment information. We maintain a record of your purchases, transactional information, and any communications and responses.

• Marketing Subscribers

When you sign up for a webinar, an event, or otherwise sign-up to receive marketing information from us though our Service, or take a survey we collect your name, email address, telephone number, company name, job title, location, and other professional and employment information.

If you elect to receive emails from us, we capture data related to when you open our emails and how you engage with it, including what banners or links you click.

If you sign up to receive ongoing marketing communications, you can always choose to opt out of further communications by unsubscribing from any marketing email you receive from ActionIQ.

• Site Visitors

If you visit our Site, we collect certain personal data about you, including your IP address and other data as described in the “Information Collected Automatically” section.

If you contact us to request a demo of the Platform, we collect data including your name, email address, company name and department, job title, telephone number, and country. We also collect this data and other information you share if you contact our sales team for information.

3. INFORMATION COLLECTED AUTOMATICALLY

We and our service providers may automatically collect certain information about you when you access or use the Site (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, data regarding network connected hardware, and information about your use of the Site. To the extent that we combine Usage Information with your Personal Information, we will treat the combined information as Personal Information under this Privacy Policy.

The methods that may be used on the Site to collect Usage Information include:

• Log Information:

Log information is data about your use of the Site, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data, which is stored in log files.

• Information Collected by Tracking Technologies:

Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, device fingerprinting, in-app tracking methods, and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about your interactions with the Site or e-mails, including information about your browsing and activity behavior.

• • Cookies

A cookie is a small text file that is stored on a user’s device, which may be a session ID cookie or tracking cookie. Session cookies make it easier for you to navigate the Site and expire when you close your browser. Tracking cookies help in understanding how you use the Site, and remain longer. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some features and functionalities of the Site may not work. The Site may associate some or all of these types of cookies with your devices.

• • Web Beacons (“Tracking Pixels”)

Web beacons are small graphic images, also known as “internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used to count the number of visitors to the Site, to monitor how users navigate the Site, and to count content views.

• • Embedded Scripts

An embedded script is programming code designed to collect information about your interactions with the Site. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Site, and deleted or deactivated thereafter.

• • Location-identifying Technologies

GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.

• • Device Fingerprinting

Device fingerprinting is the process of analyzing and combining sets of information elements from your device’s browser, such as JavaScript objects and installed fonts, in order to create a “fingerprint” of your device and uniquely identify your device and applications.

Some information about your use of the Site and certain third party services may be collected using Tracking Technologies across time and services and used by ActionIQ and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Site and certain third party services.

4. INFORMATION FROM OTHER SOURCES

We may obtain information about you from other sources, including service providers and third party services, and combine such information with information we have collected about you. To the extent we combine such third party sourced information with Personal Information we have collected about you on the Site, we will treat the combined information as Personal Information under this Privacy Policy. We are not responsible for the accuracy of any information provided by third parties or third party policies or practices.

5. USE OF INFORMATION

We may use information about you, including your Personal Information, for any purposes consistent with our statements under this Privacy Policy or as permitted by applicable law, including to:

• Manage and improve our Site and the Services;
• Respond to your comments, questions, and requests, and provide customer service;
• Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages;
• Prevent and address fraud, breach of policies or terms, and threats or harm;
• Monitor and analyze trends, usage, and activities;
• Conduct research, including focus groups and surveys;
• Communicate with you regarding our and third party products, services, offers, promotions, rewards and events we think you may be interested in (for information about how to manage these communications and marketing efforts, please see “Your Choices” and “Your European Privacy Rights” below); and
• Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities
• Fulfill any other purpose disclosed at the time you provide Personal Information.

6. SHARING OF INFORMATION

Except as described in this Privacy Policy, we do not share the Personal Information that you provide to us with other organizations. We disclose Personal Information to third parties as following:

• Service Providers

We may engage third-party companies and individuals to administer and provide services on our behalf. The types of companies that may receive personal data include: mail services (hard copy and email); hosting services; database management/back-up services; monitoring services; training services; customer support and customer relationship management services; accounting services; marketing services.

service providers are limited to performing services on our behalf pursuant to contracts which impose restrictions on their use of personal data, including prohibiting them from selling, sharing, using, or disclosing any personal data we share with them for their own marketing purposes or for any other purpose.

• Professional Advisors

We may disclose your Personal Information to lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

• Event Sponsors and Business Partners

We may disclose your Personal Information with our event co-sponsors, if applicable, our business partners, such as resale and referral partners, where permitted by applicable law.

• Law Enforcement Officials

We may disclose information about you to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal process, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern the Service; (d) protect our rights, privacy, safety or property, and/or that of you or others; and (e) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

• Merger, Sale, or Other Asset Transfers

We may sell, transfer or otherwise share some or all of its business or assets, including your Personal Information, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honor this Privacy Policy.

7. YOUR CHOICES

You can choose to opt out from sharing your Personal Information by contacting us using the contact information in “Contact Us” section below at any time. Except as described in this Privacy Policy, we don’t use your Personal Information for a purpose that is materially different from the purposes for which it was originally collected or subsequently authorized by you. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person.

• Access, update, correct or delete your information

You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following:

• • you have the right to withdraw consent where you have previously given your consent to the processing of your information; 
  • you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; 
  • you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; 
  • you have the right to verify the accuracy of your information and ask for it to be updated or corrected; 
  • you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; 
  • you have the right, under certain circumstances, to erasure of your information from us; and

• Opting out from marketing communications

ActionIQ’s marketing emails contain instructions, including an “unsubscribe link” on how to opt out of receiving marketing emails from ActionIQ. You may opt out of marketing-related emails by clicking on a link at the bottom of each such email, or by contacting us at privacy@actioniq.com. You may continue to receive service-related and other non-marketing emails.

• Testimonials

If you gave us consent to post a testimonial on our Site, but wish to update or delete it, please contact us at privacy@actioniq.com.

• Choosing not to share your personal information

Where we are required by law to collect your personal information, or where we need your personal information in order to provide a requested service to you or operate the Site, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with the requested service(s) or operate the Site. We will tell you what information you must provide to receive a requested service or interact with the Site by designating it as required on the Site or through other appropriate means.

8. YOUR CALIFORNIA PRIVACY RIGHTS

Subject to certain limitations, the California Consumer Privacy Act (“CCPA”) provides California residents the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information). In addition, California residents have the right to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights. If you are a resident of California (or another jurisdiction that provides comparable rights) and would like to make a request, please contact us at the address listed below in Contact section. ActionIQ does not sell the personal information it collects to third parties for money or any other consideration.

9. YOUR EUROPEAN PRIVACY RIGHTS

If you are a visitor to our Site from the European Union, European Economic Area (“EEA”), the United Kingdom or Switzerland, our legal basis for collecting and using the Personal Data described above will depend on the kind of personal data collected and the specific context in which we collect it.

However, we will normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal data from you or may otherwise need the personal data to protect your vital interests or those of another person.

EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF and Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF“).

ActionIQ complies with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF (together, the “DPFs”) as set forth by the U.S. Department of Commerce. We have certified to the U.S. Department of Commerce that we adhere to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of personal data received from the EU in reliance on the EU-U.S. DPF.  We have certified to the U.S. Department of Commerce that we adhere to the UK Extension to the EU-U.S. DPF with regard to the processing of personal data received from the UK. We have certified to the U.S. Department of Commerce that we adhere to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of personal data received from Switzerland.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Under the DPFs, we are responsible for the processing of the personal data we receive and, subsequently, for the personal data that we transfer to a third party acting as an agent on our behalf. We comply with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions.

The Federal Trade Commission has jurisdiction over our compliance with the DPFs. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

For inquiries or complaints regarding our compliance with the DPFs, please e-mail us here or send us a letter to ActionIQ, 11 Madison Avenue, 17th Floor, New York NY 10010 (Attention: Legal). If we are unable to resolve your complaint directly, you may submit your complaint at no cost to you to JAMS at https://www.jamsadr.com/file-a-dpf-claim. In the event there are residual complaints that have not been resolved by JAMS, or any other means, you may seek a non-monetary remedy through binding arbitration to be provided to you in accordance with the Principles.

10. CHILDREN

The Site is intended for a general audience and not directed to children less than thirteen (13) years of age. ActionIQ does not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe ActionIQ has collected such information in a manner not permitted by COPPA, please e-mail us here or send us a letter to ActionIQ, 11 Madison Avenue, 17th Floor, New York NY 10010 (Attention: Legal), and we will remove such data to the extent required by COPPA.

11. DATA SECURITY

We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information collected through our Site.

12. LINKS

The Site and the Services may contain content, services, advertising and other materials that link to external sites. ActionIQ does not endorse and is not responsible for the content of any such external sites. Please refer to the terms of use and privacy policies of the external sites for more information.

13. CHANGES TO THIS PRIVACY POLICY

We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Site indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you additional notice, to your e-mail address.

14. CONTACT US

If you have any questions or comments about this policy, please e-mail us at legal@actioniq.com, privacy@actioniq.com or send us a letter to ActionIQ, 11 Madison Avenue, 17th Floor, New York NY 10010 (Attention: Legal).

Individuals and the data protection supervisory authorities in the EU/EEA and individuals and the data protection supervisory authority (“ICO”) in the UK may also contact our data protection representatives according to Article 27 GDPR at:

EU: DP-Dock GmbH, Attn: Action IQ, Ballindamm 39, 20095 Hamburg, Germany

UK: DP Data Protection Services UK Ltd., Attn: ActionIQ, 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom

www.dp-dock.com

actioniq@gdpr-rep.com