PRIVACY POLICY/STATEMENT

ver. November 29, 2021

ActiveState Software Inc., including its affiliates and subsidiaries (each, “ActiveState” and collectively, “we”), is committed to the protection of the personal information that we collect and/or maintain during the course of providing our services to you including your use of the ActiveState Platform.

This Privacy Policy (the “Policy”) will help you to understand what information we collect, how we use it and the choices that you have in regard to your personal information. As used in this Policy, “personal information” means identifiable information about an individual, but does not include the name, title, business address or telephone number of an employee of an organization and the “Website” means www.activestate.com.

As explained further below, if you access and use the Website, the ActiveState Platform or other ActiveState services (collectively, “Service(s)”), you consent to the collection, use and sharing of your personal information in accordance with this Policy, which includes our cookie policy herein below.


How We Collect and Use Your Information

When you access our Website and sign up to use our products, you voluntarily give us certain information, this may include your user name, email address, IP address and the cookie identifiers (see “Cookies” below) that you use to subscribe to the Service and any other information you provide to us.

Additionally, we may collect and use the following information obtained via our Website or our other online activities (user provided information):

  1. If you apply for a job at ActiveState, you may provide us with certain personal information about yourself (i.e. your employment history or education or other information contained in your resume, cover letter, or similar employment-related materials). We use this information for the purpose of processing and responding to your application for current and future career opportunities. Please reach out to our Privacy Officer if you would want ActiveState to delete your personal information that we have on file.
  2. If you contact us with a question, comment, or complaint (which may include Service issue), we may collect your username and your email address for us to respond to your request. We may also retain this record to assist you again in the future.
  3. If you sign up to our Free or Team Tier or register for a webinar, we may collect your username, associated email address that you use to sign up to our Service. We use this information to contact you and otherwise facilitate your use of our ActiveState Platform or participation in the webinar or discuss the downloaded content as applicable.
  4. If you participate in a message board, whitepaper, case study, webcast, e-Newsletter forum, chat room or other community service, we may collect your name and email address, as well as any comments, suggestions, and other feedback you provide as postings. We may use your comments, suggestions, or feedback to monitor or improve our products, or Services, or Website. Please remember that any information that you provide in these comments is accessible to the public, and you should exercise caution when deciding to disclose any personal information about yourself or anyone else. For the avoidance of doubt, we shall not be held responsible for any personal information that you choose to submit to a message board, community forum, chat room or similar community.
  5. If you enter a contest or promotion or participate in one of our surveys or other forms of customer research, we may ask you for certain information (such as your username and email address). This information may be associated with individual customer accounts and is used by us to facilitate your participation in the contest, promotion, survey, or customer research and to improve our overall customer experience by helping us better understand our customers.
  6. If you sign up to receive ActiveState marketing emails, or if you have provided your contact information to us for the reasons set out in (iii), (iv) or (v) hereinabove, we may also send you email regarding products and services that we believe are of interest to you. If you do not want to receive such emails from us, at any time you may simply “opt-out” by checking the appropriate box on the original submission form, or by using the unsubscribe mechanism in any of our emails.

Cookies

It is important to note that while you can generally visit our Website without telling us who you are or submitting any personal information, we do create and record certain technical information automatically. Some of the types of technical information we automatically collect may include:

Cookie Data: Our Website, like many other commercial websites, uses a standard technology called a “cookie”. A cookie is a small data file that a website can send to a browser, which may then be stored on your computer system. While cookies themselves do not contain any personal information, we may link the information we store in cookies to personally identifiable information you submit while on our Website. Cookies help make your visit to our Website more user friendly by allowing us to analyze usage information, feedback, support queries, and survey responses to help us better understand your use of our Service and make improvements to our services.

When you browse our Website, we may use a cookie to help us provide you with better customer service by:

  1. identifying your browser as one that has visited our Website before;
  2. saving and remembering any preferences that you may have set during previous visits to our Website; and
  3. Any personal information collected about you through our use of cookies will be treated in accordance with this Policy. If you do not want cookies sent to or stored on your system, most internet browsers will allow you to delete or reject cookies or to notify you when you receive a cookie, which will give you the opportunity to decide whether you want to accept the cookie or not. Note that if you reject cookies, it may not be possible for you to access all or parts of our Website or use ActiveState Platform which require registration.

Unless you have adjusted your browser setting to refuse cookies, our system will issue cookies as soon as you visit our Website. If you continue to use the Website, you agree to our use of cookies.

Web Beacon Data: This technology allows us to understand which pages you visit on our Website. These tracer tags are used to help us optimize and tailor our Website for you and other future visitors to our Website.

Log Data: Our servers automatically record certain information (“log data”) including information that your browser or mobile app sends whenever you visit a website. This log data may include your IP (Internet protocol) address, the address of the web pages you visited and other related information such as page requests, browser type, operating system and average time spent on our Website. We use this information to help us understand our Website activity, and to monitor and improve our Website.

Device Information: In addition to log data, we may also collect information about the device you’re using, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.

Third Party Advertisers: We may use third parties to serve our advertisements on other websites. These companies may use cookies, tracer tags or web beacons to:

  1. collect information (such as web pages you visit and your response to ads) when you visit our Website and use that information to serve advertisements tailored to your interests on our Website or other third-party websites; or
  2. for analytical purposes to better understand digital interactions with our Services.

Sites and Services of Others: Our Website may contain links to other websites that are provided and maintained exclusively by third parties. We carefully select the third-party websites to which we link; however, as such third-party websites are not subject to this Policy, we are not responsible for either such third parties’ content or privacy practices. We encourage you to read the privacy policy of every website you visit as the operations of linked websites may also collect your personal information and information generated with cookies when you link to these websites.

Google Analytics & Other Third-Party Tracking Services

  1. We use Google Analytics as a third-party tracking service, or such other services, but we don’t use it to track you individually or collect your user personal information. We use Google Analytics to collect information about how our website performs and how our users, in general, navigate through and use ActiveState. This helps us evaluate our users’ use of ActiveState; compile statistical reports on activity; and improve our content and website performance.
  2. Google Analytics gathers certain simple, non-personally identifying information over time, such as your IP address, browser type, internet service provider, referring and exit pages, time stamp, and similar data about your use of ActiveState. We do not link this information to any of your personal information such as your username.
  3. ActiveState will not, nor will we allow any third party to, use the Google Analytics tool to track our users individually; collect any user personal information other than IP address; or correlate your IP address with your identity. Google provides further information about its own privacy practices and offers a browser add-on to opt out of Google Analytics tracking.
  4. Certain pages on our site may set other third-party cookies. For example, we may embed content, such as videos, from another site that sets a cookie. While we try to minimize these third-party cookies, we can’t always control what cookies this third-party content sets.
  5. We also work with Twitter to collect user data for conversion tracking and serving ads targeted to users’ interests. You can opt out of interest-based advertising through methods that Twitter may specify from time to time here.
  6. Other services we work with, but not necessarily limited to, include Marketo (marketing automation), Unbounce (landing pages), Crazyegg (tracking what you mouseover or click on), and FaceBook pixel (tracking conversions from ads).

Consent and Acceptance of This Policy

By using our Website, the ActiveState Platform or Services, you certify that you:

  1. have read and understood this Policy; and
  2. accept all the terms conditions described herein, including without limitation, terms and conditions relating to our collection and processing of your personal information and your use of cookies. As applicable, ActiveState may obtain your consent to the collection of personal information in different ways. Express consent may be obtained verbally, online or in writing. Implied consent may be obtained through your use of our Website, the ActiveState Platform or Services, or when you approach us to obtain information, inquire about or request services from us. We will indicate when your consent is required as a condition of obtaining a service.

Sharing Personal Information

As a matter of practice, and in compliance with California Consumer Privacy Act, 2018 (“CCPA”), and General Data Protection Regulation, 2018 (“GDPR”), ActiveState does not disclose, trade, rent, sell, share, or otherwise transfer personal information provided to us to any third party.  For the avoidance of doubt, personal information provided to us is processed only by us, except as set out in this Policy and, in the case of information provided to us via the ActiveState Platform, as provided in the ActiveState Platform Enterprise Terms of Service (“ETOS”) between ActiveState and our customers.

We may share and disclose information (including personal information) in the following instances:

  1. Service Providers, Partners and Sub-Processors: We do not share personal information with third parties for their direct marketing purposes without your permission. We may disclose or transfer personal information to our partners, consultants, sub-processors, and suppliers who provide services on our behalf (collectively “Service Providers”); however, these Service Providers are:
    1. only given the information they need to perform their designated functions;
    2. not authorized to use or disclose personal information for their own purposes; and
    3. required to agree to obligations consistent with this Policy and any other appropriate confidentiality and security measures deemed necessary by us.
      Our sub-processors are listed here:

      • Hubspot
      • Sendgrid
      • Amazon
      • Invoiced
      • Avalara
      • Google
      • Tableau
      • Salesforce
  2. Sale of Business: ActiveState may disclose or transfer personal information to a third party in the event of a proposed or actual purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of ActiveState, or of any of the business or assets or shares of ActiveState.
  3. Legal Obligations: We and our Service Providers may provide personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required or permitted by applicable law. We may also disclose personal information where necessary for the establishment, exercise, or defence of legal claims and to investigate or prevent actual or suspect loss or harm to persons, data, or property. We will attempt to notify you about legal demands for your personal information when appropriate in our judgment, unless prohibited by law or court order, or when the request is an emergency.

Safeguarding and Data Security

We understand that data security is an important issue and we are committed to safeguarding all personal information provided to us in accordance with applicable regulatory requirements and professional standards. We regularly monitor our systems for possible vulnerabilities and attacks and we use physically secure facilities, password protection, standard security practices and tools and well-defined internal policies and practices; however, we cannot warrant the security of any personal information you share with us. There is no guarantee that your personal information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards.

Retention

We retain the personal information that is provided to us only for such periods as may be required by contract (such as your ETOS with ActiveState) unless a longer retention period is required or permitted by law or regulation. In some cases, we may choose to retain certain personal information in a depersonalized or aggregated form.

Storage & Security 

Personal information provided to ActiveState by way of the Services is stored in the United States or Canada. However, in the course of providing services, it may be transferred to and processed by staff or service providers operating in Canada and USA. The technical support team is in Canada and USA, the support staff can only have access to customer data upon explicit permission by the user. Such staff may be engaged in, among other things, order fulfillment, payment processing and the provision of professional and support services. Such staff may be engaged in, among other things, providing demos or other promotions or making hiring decisions on behalf of ActiveState. All our staff and service providers are obligated to respect the confidentiality of your personal information and agree to obligations consistent with this Policy and any other appropriate confidentiality and security measures deemed necessary by us.

Accuracy and Access

We give you many choices about the collection, use and sharing of your personal information, including advertising opt-outs and communication controls. If you submit personal information via our Website or otherwise provide us with your personal information, you may request access, updating or correction of your personal information by submitting a written request and satisfactory identification to our Privacy Officer. You may also request that we provide you with a copy of your personal information that we have in our records and/or that we delete your personal information. Please note that you cannot opt out of receiving service messages from us, including security and legal notices. If you find any errors in your personal information, please contact our Privacy Officer as soon as possible.

Children and Privacy

This website does not target and is not intended to attract children under the age of thirteen (13). ActiveState does not knowingly solicit personal information from children under the age of thirteen (13) nor does ActiveState send them requests for Personal Information. 

Policy Changes

We reserve the right to modify this Policy from time to time in order to guarantee its compliance with the applicable law. The revised Policy will be posted on the Website. If you continue to use the Website after these changes are in effect, you will be deemed to have agreed to them. We encourage you to periodically check this Policy to ensure that you are aware of the most recent version.

Contact Information

Please contact the Privacy Officer with any questions or concerns that you may have about this Policy or our personal information practices. Our Privacy Officer may be contacted via email at legal@activestate.com.

You can also reach us by physical mail using the following address:

Attn: General Counsel/Privacy Officer
ActiveState Software Inc.
Suite 1000 – 1177 West Hastings Street
Vancouver, B.C.
V6E 2K3

Complaints

ActiveState takes its commitment to this Policy and your rights under applicable data privacy laws very seriously. If you do not feel your legal rights as regard to your personal data have been properly observed by ActiveState, you have the right to complain to your in-region supervisory authority, who are the regulatory body appointed to monitor compliance with applicable data protection laws.