Privacy Notice

At BrandActive, we’re committed to protecting and respecting your privacy.

This Privacy Notice and Terms of Use (“Notice”) explains when and why we collect personal information about people who visit our website. It describes how we use the data we collect, the conditions under which we may disclose it to others and how we keep it secure.

We may change this Notice from time to time, so please check this page occasionally to ensure that you’re happy with any changes. By using our website, you’re agreeing to be bound by this Notice.

Any questions regarding this Notice and our privacy practices should be sent by email to privacy@brandactive.com, or by writing to 21 West 46th street, Suite 902, New York, NY 10036

Definitions

BrandActive (“us”, “we”, or “our”) operates the website https://www. BrandActive.com (the “Site”).

Personal Data
Personal Data means data about a natural person who can be identified from that data (or from those and other information either in our possession or likely to come into our possession).

Usage Data
Usage Data is data collected automatically either generated by the use of the Site or from the Site infrastructure itself (for example, the duration of a page visit).

Cookies
Cookies are small pieces of data stored on a user’s device.

Data Controller
Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.

For the purpose of this Notice and Site, we are a Data Controller of your data.

Data Processor (or Service Providers)
Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject
Data Subject is any natural person who is the subject of Personal Data.

User
The User is the individual using our Site. The User corresponds to the Data Subject, who is the subject of Personal Data.

Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Site to you.

What type of information do we collect?

Personal Data
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include:

• IP Address
• Usage Data
• Email address
• Phone number
• First name and last name
• Details related to the nature/reason of your inquiry
• Your current company and job title
• Details about your company:
  • Type of Business (Marketing, Design, or Web Firm; Professional Services Firm; Other B2B; B2C)
  • Number of Employees
  • Website URL
  • Current CRM in use at company
  • Current Marketing Automation system in use at company
  • Assessment of company’s current sales and marketing efforts

You may use our Site without providing any Personal Data or agreeing to the terms of this Notice. By doing so, some of the content and functionality of the Site will be unavailable.

We may use your Personal Data to contact you with content, upcoming events, and new services and other information that may be of interest to you. Where required by law, you must first opt-in to receive such communications from us. You may opt out of these communications from us at any time by following the unsubscribe link or instructions provided in any email we send or by contacting us directly.

Usage Data
We may also collect information about how the Site is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, and other diagnostic data.

Your IP address and other usage data is not used to identify you personally and the pattern data is fully under our control.

Tracking Cookies Data

Our website uses cookies.

We use cookies and similar tracking technologies such as beacons, tags, and scripts to enable certain functions of our site and to analyze the performance of our website. We do not track users when they cross to third-party websites and do not provide targeted advertising; however, certain embedded third-party tools on our site may do so. These cookies are not used for any purpose other than those described here.

Cookies are small text files that can be used by websites to make a user’s experience more efficient.

The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies we need your permission.

This site uses different types of cookies. Some cookies are placed by third-party services we use to analyze our website usage, like Google Analytics and our marketing automation platform. Some cookies are placed by third-party services we use to deliver content on our website, like embedded media players from SoundCloud, YouTube, and Vimeo.

You can at any time change or withdraw your consent from the Cookie Declaration on our website.

Learn more about who we are, how you can contact us and how we process personal data in our Privacy Policy.

Your consent applies to the following domains: www.brandactive.wpengine.com

Cookie declaration last updated on 10/15/2018 by Cookiebot.

Necessary (3)

Necessary cookies help make our website usable by enabling basic functions like page navigation or alerting us to potential threats. The website cannot function properly without these cookies.

Preferences (2)

Preference cookies enable our Site to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

Statistics (6)

Statistic cookies help us to understand how visitors interact with our website by collecting and reporting information anonymously.

Marketing (24)

Certain content on our site includes third-party embedded code from services such as SoundCloud, Youtube, and Twitter. The embed code sets certain marketing cookies, which may be used by the provider to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third-party advertisers.

What do we do with the data we collect?

BrandActive uses the collected data for various purposes:

• We collect user data via cookies and other means for the purposes of providing and maintaining the Site, enhancing your use of the site, and monitoring the usage of our Site to detect, prevent and address technical issues
• We collect user data via cookies and other means for the purpose of analysis, so we can improve our Site and our marketing efforts
• We collect your personal contact information, such as name, email and phone number, via form submissions for the purposes of responding to specific inquiries and communicating with you, only in the ways you have requested
• We collect information about your company and its needs via form submissions for the purpose of determining whether your company could benefit from our services and analyzing our marketing efforts

If you provide us with your Personal Data, and agree to this Notice, we may correlate the Personal Data you provide with previously obtained, anonymous site usage data. We may also correlate, store and analyze other publicly available data related to the email address you provided us, such as the name, industry, or size of the Company associated with it, in order to better understand our site visitors and the effectiveness of our marketing efforts.

Legal Basis for Processing
BrandActive relies on your explicit consent for the majority of our data collection and processing. In those cases of data collection where another legal basis is used, an explanation of the appropriate legal basis is given for that particular data collection point.

What Happens if You Don’t Give Us Your Data
You can visit our website without giving us your personal data.  Much of the information on our website is available even to those who to whom we do not provide services.  If we are providing you with services pursuant to a contract with you, some personal information is necessary so that we can supply you with the services you have purchased or requested, and to authenticate you so that we know it is you and not someone else.

Retention of Data
BrandActive will retain your Personal Data only for as long as is necessary for the purposes set out in this Notice. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

BrandActive will also retain Usage Data for internal analysis purposes, as outlined in the Use of Data.

Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

BrandActive will take all steps necessary to ensure that your data is treated securely and in accordance with this Notice and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.  Please note that the United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. Therefore, we rely on derogations for specific situations as set forth in Article 49 of the GDPR.  In particular, we collect and transfer to the U.S. personal data only with your consent or to perform a contract with you. We endeavor to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with us and the practices described in this Privacy Notice.  We also minimize the risk to your rights and freedoms by not collecting or storing sensitive information about you.

Security of Data
Neither we, nor our Service Providers, will ever ask you for sensitive data, such as Credit Card information.

Non-sensitive details (your email address, etc.) are transmitted normally over the Internet, and this can never be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Once we receive your information, we make our best effort to ensure its security on our systems.  To help protect the privacy of data and personally identifiable information you transmit through use of this Site, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal data to those employees who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.

How You Can Access, Update, Transport, or Delete Your Information

BrandActive aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.  Please note that we may ask you to verify your identity before responding to your requests to correct, amend, delete, or limit the use of your Personal Data.

If access cannot be provided within a reasonable time frame, we will provide you with a date when the information will be provided. If for some reason access is denied, we will provide an explanation as to why access has been denied.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us by email at privacy@brandactive.com, or by writing to 21 West 46th street, Suite 902, New York, NY 10036.

In certain circumstances, you have the right, at no cost to you:

• To access and receive a copy of the Personal Data we hold about you
• To rectify any Personal Data held about you that is inaccurate
• To request the deletion of Personal Data held about you

You have the right to data portability for the information you provide to BrandActive. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

You may also request information about: the purpose of the processing; the categories of personal data concerned; who else outside of BrandActive might have received the data from BrandActive; what the source of the information was (if you didn’t provide it directly to BrandActive); and how long it will be stored.

Additionally, you have a right to lodge a complaint with the appropriate data protection authority or supervisory authority if you have concerns about how we process your personal data.

Who Has Access to Your Information

We will never sell or rent your information to third parties.

As the Data Controller for the Site, we may collect, store, process, and evaluate your Personal Data, in the manner and within the limitations and restrictions defined above.

We do not otherwise reveal your personal data to third-parties for their independent use unless: (1) you request or authorize it; (2) the information is provided to comply with the law (for example, to comply with a search warrant, subpoena or court order), enforce an agreement we have with you, or to protect our rights, property or safety, or the rights, property or safety of our employees or others; (3) the information is provided to our agents, vendors or service providers who perform functions on our behalf; (4) to address emergencies or acts of God; or (5) to address disputes, claims, or to persons demonstrating legal authority to act on your behalf.  We may also gather aggregated data about our users and disclose the results of such aggregated (but not personally identifiable) information to our partners, service providers, advertisers and/or other third parties for marketing or promotional purposes.

Service Providers
We may employ third party companies and individuals to facilitate our Site (“Service Providers”), to provide the Site on our behalf, to perform Site-related services or to assist us in analyzing how our Site is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics
We may use third-party Service Providers to monitor and analyze the use of our Site.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Site available to Google Analytics by instructing your browser to refuse all cookies, or by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

Google analytics may collect your IP address in addition to your usage of the Site, but no other personal data is shared with them. Google does not make your IP address accessible to BrandActive.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/

Google complies with the EU-U.S. Privacy Shield Framework.  Details of this certification can be seen here.

Marketing Automation
We may use third-party Service Providers to automate marketing actions in an attempt to nurture visitors with personalized and useful content based on visitor interactions with our website and past emails. You may request that we cease using your information for marketing purposes by emailing us at privacy@brandactive.com, or by writing to 21 West 46th street, Suite 902, New York, NY 10036.

Act-On Software

BrandActive uses Act-On Software to manage our form submission and subscriber lists, send our marketing emails, and to automate marketing actions in an attempt to nurture visitors with personalized and useful content based on interactions with our website and past emails.

The Site uses an Act-On tracking pixel and cookie to track anonymous and known visitor activity on the Site. We use visitor data to analyze our site traffic patterns and the effectiveness of our Site and marketing efforts. The Act-On tracking cookie collects IP addresses of site visitors for the purpose of generating location- and company-based website visitor reports. BrandActive is unable to view IP addresses collected via the Act-On tracking cookie.

You can opt-out of having your activity on the Site made available to Act-On by instructing your browser to refuse all cookies, and by not providing us with any personal information via the Site. Please see the Cookie Usage Notice for additional details.

If you have consented to receive emails from BrandActive, such emails will be sent via Act-On. Recipients’ email open and click-through behavior is tracked and stored within Act-On, which we use to analyze the effectiveness of our marketing efforts, as well as to aid in ongoing list maintenance and data integrity efforts.

Your personal data is only shared with Act-On if you consent to provide it to us, and agree to the terms defined in this Notice. Since we never collect it, no Sensitive Personal Data is ever shared with Act-On.

For more information on the privacy practices of Act-On, please visit the Act-On Privacy Terms web page: https://www.act-on.com/privacy-policy/

Act-On Software (and its UK subsidiary company Actonsoftware Limited) complies with the EU-U.S. Privacy Shield Framework.  Details of this certification can be seen here.

Webinars
We may use third-party Service Providers to share audio, documents and applications with registered webinar attendees.

LogMeIn (GoToWebinar)

Here are some of the ways GoToWebinar is used:

Register visitors

Sending marketing communications

Host webinars

We only share your Personal Data with LogMeIn if you have explicitly registered to attend a webinar.  In this case, your Personal Data will be shared with LogMeIn in order to fulfill the service of providing you with access to the Webinar. LogMeIn may send you emails in the fulfillment of this service. Since we never collect it, no Sensitive Personal Data is ever shared with LogMeIn.

For more information on the privacy practices of LogMeIn, please visit the LogMeIn Privacy Terms web page: https://www.logmeininc.com/legal/privacy

LogMeIn complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Details of this certification can be seen here.

CRM
We may use third-party Service Providers to manage our business development efforts.

Salesforce

Salesforce is used to store prospect and customer data for use by our sales and account teams in managing new business opportunities and current client relationships.

Your personal data is only shared with Salesforce if you consent to provide it to us and agree to the terms defined in this Notice. Since we never collect it, no Sensitive Personal Data is ever shared with Salesforce.

For more information on the privacy practices of Salesforce, please visit the Salesforce Privacy Terms web page: https://www.salesforce.com/company/privacy/

Salesforce has certified certain of their services, for which they act as a data processor, under the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Details of this certification can be seen here.

Anything else?

Links to Other Sites
Our Site may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Notice, Privacy Policy, and/or Terms of Use of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children’s Privacy
We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers and third-party systems.

Changes to This Privacy Notice
You are advised to review this Notice periodically for any changes. Changes to this Notice are effective when they are posted on this page.

Contact Us

If you have any questions about this Notice, please contact us:

By email: privacy@brandactive.com

By mail: 21 West 46th street, Suite 902, New York, NY 10036