Act-On Software, Inc ("Act-On"). respects the privacy of our Account Users and the privacy of their data. All user information contained within the electronic communications, attached documents, forms, newsletters, surveys and documents you may use or compose with the Act-On Service are governed by the Act-On Terms of Service. Although Act-On owns the data storage, databases and the Act-On Site, you retain all rights to your data. All user data uploaded to an Account of of the Act-On Service is stored in a personalized and secure location. We will not utilize, sell, or rent your data uploaded into our system and only the registered users of the account holder may gain access to the uploaded data.

Data Collection

We collect the email addresses and certain personally identifiable information of those who communicate with us via email or register with us to open a provisioned Service Account. We also collect certain information regarding which pages users access or visit, and information volunteered by the users (such as any surveys Act-On might conduct and/or site registrations). When you request a Beta account on the Act-On Servcice, we ask for the following information: your name, your company name, telephone number, and a valid email address at which we may contact you. Users of the Act-On service are also asked to provide their company's postal address and time zone to better personalize their Account. Full paying accounts of the Act-On Service are also required to provide billing address and valid credit card information. When you submit information, you are transferring such information into the United States and you here by consent to such transfer.

Act-On may also collect and analyze from visitors and users certain information regarding the use of the Act-On Site and services available therein. Information collected may include but is not limited to web site traffic volume, frequency of visits, type and time of transactions, type of browser and operating system, etc.

Use of Information

We may use personal information to provide the Services you've requested, including services that display customized emails, newsletters, forms, documents, and reports. We may also use personal information for auditing, research and analysis to operate and improve the Act-On Site. We may use third parties to assist us in processing your personal information, and we require that such third parties comply with our Privacy Policy and any other appropriate confidentiality and security measures. We may use certain other information collected from you to help diagnose technical problems, administer the Act-On Site, and improve the quality and types of services delivered. We may provide non-identifying and aggregate usage and volume statistical information derived from the actions of our visitors and Account holders to third parties in order to demonstrate the value we deliver to users.

The information we collect is not shared with or sold to other organizations for commercial purposes, except to provide products or services you've requested, when we have your permission, or under the following circumstances:

• if it becomes necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Service, violations of the Acceptable Use Policy, or as otherwise required by law; or
• if Act-On is acquired by or merged with another company. In this event, Act-On will notify you by email before information about you is transferred and becomes subject to a different privacy policy.

Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site's computers and stored on your computer's hard drive. Cookies are required to use the Act-On Site. We use cookies to assist in delivering the Service and to provide a positive and personalized user experience. Our persistent and session ID cookies are used to identify unique visitors to our sites and to provide you with easy access to your Account data and information. If you have your browser set to reject cookies, your usage of the Service and Act-On Site is likely to be interrupted.

Security

Act-On has implemented processes intended to protect user information and maintain security of data. Each Account holder is assigned a unique user name and password, which is required to access their Account. It is each user's responsibility to protect the security of his or her login information. We have attempted to protect Act-On's servers by locating them areas with security procedures, using of firewalls and implementing other generally available security technologies. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data, but NO GUARANTY CAN BE MADE THAT YOUR INFORMATION AND DATA WILL BE SECURE FROM INTRUSIONS AND UNAUTHORIZED RELEASE TO THIRD PARTIES.

Cancellation or Termination of the Account

If you choose to cancel your Account and leave the Act-On Service or your Account is terminated because of your breach of the Terms of Service, please be aware that Act-On may for a time retain residual information in our backup and/or archival copies of our data stores and databases. We will make reasonable commercial efforts to delete your information as soon as reasonably practical.

Compliance with Children's Online Privacy Protection Act

As a business service, Act-On does not target its offerings toward, and does not knowingly collect any personal information from users under 13 years of age.

Accessing and Updating Personal Information

When you use the Act-On Site, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. You may update your Account information by logging into your Account. When requests come to Act-On with regard to personal information, we ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Changes to this Policy

Act-On may periodically update this policy. We will notify you about significant changes in the way we treat personal information by posting a prominent notice on the Act-On Site and possibly sending a notice to the primary email address specified in your Account. We do not intend to reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Each version of this Policy will be identified at the bottom of the page by its effective date.

Questions

Any questions about this Privacy Policy should be addressed to privacy@actonsoftware.com or by postal mail at: Act-On Software, Inc., 4905 SW Griffith Drive, Suite 100, Beaverton, Oregon 97005, USA

Updated : September 15th, 2007