# GRC Risk Assessment — ActiveCampaign - Platform: **ActiveCampaign** (activecampaign) - Headline risk rating: **UNKNOWN** - Website: https://www.activecampaign.com - Generated: 2026-06-12T22:17:24.909Z - Findings (verified, published): **126** > Every assertion is anchored to a verbatim quote with a SHA-256 snapshot hash and a Wayback archive URL for independent verification. Informational only; not legal advice. ## Control crosswalk (NIST AI RMF 1.0 + ISO/IEC 42001) | Surface | Risk | Confidence | NIST AI RMF | ISO/IEC 42001 | |---|---|---|---|---| | training use | unknown | high | MAP-2.3 / MEASURE-2.6 (data provenance & training use) | ISO 42001 A.7.4 (data for AI systems) | | prompt ownership | unknown | high | MAP-2.3 (input data rights) | ISO 42001 A.7.2 (data acquisition) | | prompt ownership | unknown | high | MAP-2.3 (input data rights) | ISO 42001 A.7.2 (data acquisition) | | output ownership | unknown | high | MAP-1.1 (IP & output rights) | ISO 42001 A.5.2 (AI policy / IP) | | output ownership | unknown | high | MAP-1.1 (IP & output rights) | ISO 42001 A.5.2 (AI policy / IP) | | output ownership | unknown | high | MAP-1.1 (IP & output rights) | ISO 42001 A.5.2 (AI policy / IP) | | commercial use | unknown | high | MANAGE-1.3 (use limitations) | ISO 42001 A.9.2 (intended use) | | commercial use | unknown | high | MANAGE-1.3 (use limitations) | ISO 42001 A.9.2 (intended use) | | commercial use | unknown | high | MANAGE-1.3 (use limitations) | ISO 42001 A.9.2 (intended use) | | commercial use | unknown | high | MANAGE-1.3 (use limitations) | ISO 42001 A.9.2 (intended use) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | privacy data use | unknown | high | MEASURE-2.10 (privacy risk) | ISO 42001 A.7.5 (privacy) | | data retention | unknown | high | MANAGE-2.2 (data lifecycle) | ISO 42001 A.7.6 (data lifecycle) | | data retention | unknown | high | MANAGE-2.2 (data lifecycle) | ISO 42001 A.7.6 (data lifecycle) | | data retention | unknown | high | MANAGE-2.2 (data lifecycle) | ISO 42001 A.7.6 (data lifecycle) | | data retention | unknown | high | MANAGE-2.2 (data lifecycle) | ISO 42001 A.7.6 (data lifecycle) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | medium | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | subprocessors data sharing | unknown | high | MAP-4.1 (third-party/supply-chain) | ISO 42001 A.10.2 (third parties) | | audit rights dpa residency | unknown | high | GOVERN-2.1 (accountability, audit) | ISO 42001 A.6.2 (internal audit) | | audit rights dpa residency | unknown | high | GOVERN-2.1 (accountability, audit) | ISO 42001 A.6.2 (internal audit) | | audit rights dpa residency | unknown | high | GOVERN-2.1 (accountability, audit) | ISO 42001 A.6.2 (internal audit) | | audit rights dpa residency | unknown | high | GOVERN-2.1 (accountability, audit) | ISO 42001 A.6.2 (internal audit) | | audit rights dpa residency | unknown | high | GOVERN-2.1 (accountability, audit) | ISO 42001 A.6.2 (internal audit) | | audit rights dpa residency | unknown | high | GOVERN-2.1 (accountability, audit) | ISO 42001 A.6.2 (internal audit) | | audit rights dpa residency | unknown | high | GOVERN-2.1 (accountability, audit) | ISO 42001 A.6.2 (internal audit) | | audit rights dpa residency | unknown | high | GOVERN-2.1 (accountability, audit) | ISO 42001 A.6.2 (internal audit) | | audit rights dpa residency | unknown | medium | GOVERN-2.1 (accountability, audit) | ISO 42001 A.6.2 (internal audit) | | audit rights dpa residency | unknown | high | GOVERN-2.1 (accountability, audit) | ISO 42001 A.6.2 (internal audit) | | audit rights dpa residency | unknown | high | GOVERN-2.1 (accountability, audit) | ISO 42001 A.6.2 (internal audit) | | indemnity liability | unknown | high | GOVERN-6.1 (liability allocation) | ISO 42001 A.9.4 (responsibilities) | | indemnity liability | unknown | high | GOVERN-6.1 (liability allocation) | ISO 42001 A.9.4 (responsibilities) | | indemnity liability | unknown | high | GOVERN-6.1 (liability allocation) | ISO 42001 A.9.4 (responsibilities) | | indemnity liability | unknown | high | GOVERN-6.1 (liability allocation) | ISO 42001 A.9.4 (responsibilities) | | indemnity liability | unknown | high | GOVERN-6.1 (liability allocation) | ISO 42001 A.9.4 (responsibilities) | | indemnity liability | unknown | high | GOVERN-6.1 (liability allocation) | ISO 42001 A.9.4 (responsibilities) | | indemnity liability | unknown | high | GOVERN-6.1 (liability allocation) | ISO 42001 A.9.4 (responsibilities) | | indemnity liability | unknown | high | GOVERN-6.1 (liability allocation) | ISO 42001 A.9.4 (responsibilities) | | indemnity liability | unknown | high | GOVERN-6.1 (liability allocation) | ISO 42001 A.9.4 (responsibilities) | | indemnity liability | unknown | high | GOVERN-6.1 (liability allocation) | ISO 42001 A.9.4 (responsibilities) | | indemnity liability | unknown | high | GOVERN-6.1 (liability allocation) | ISO 42001 A.9.4 (responsibilities) | | indemnity liability | unknown | high | GOVERN-6.1 (liability allocation) | ISO 42001 A.9.4 (responsibilities) | | indemnity liability | unknown | high | GOVERN-6.1 (liability allocation) | ISO 42001 A.9.4 (responsibilities) | | indemnity liability | unknown | high | GOVERN-6.1 (liability allocation) | ISO 42001 A.9.4 (responsibilities) | | governing law disputes | unknown | high | GOVERN-1.1 (legal/regulatory) | ISO 42001 A.5.2 (legal context) | | governing law disputes | unknown | high | GOVERN-1.1 (legal/regulatory) | ISO 42001 A.5.2 (legal context) | | governing law disputes | unknown | high | GOVERN-1.1 (legal/regulatory) | ISO 42001 A.5.2 (legal context) | | governing law disputes | unknown | high | GOVERN-1.1 (legal/regulatory) | ISO 42001 A.5.2 (legal context) | | governing law disputes | unknown | high | GOVERN-1.1 (legal/regulatory) | ISO 42001 A.5.2 (legal context) | | governing law disputes | unknown | high | GOVERN-1.1 (legal/regulatory) | ISO 42001 A.5.2 (legal context) | | governing law disputes | unknown | high | GOVERN-1.1 (legal/regulatory) | ISO 42001 A.5.2 (legal context) | | governing law disputes | unknown | high | GOVERN-1.1 (legal/regulatory) | ISO 42001 A.5.2 (legal context) | | governing law disputes | unknown | high | GOVERN-1.1 (legal/regulatory) | ISO 42001 A.5.2 (legal context) | | governing law disputes | unknown | high | GOVERN-1.1 (legal/regulatory) | ISO 42001 A.5.2 (legal context) | | moderation enforcement | unknown | high | MANAGE-4.1 (enforcement) | ISO 42001 A.9.3 (operation controls) | | moderation enforcement | unknown | high | MANAGE-4.1 (enforcement) | ISO 42001 A.9.3 (operation controls) | | moderation enforcement | unknown | high | MANAGE-4.1 (enforcement) | ISO 42001 A.9.3 (operation controls) | | moderation enforcement | unknown | high | MANAGE-4.1 (enforcement) | ISO 42001 A.9.3 (operation controls) | | moderation enforcement | unknown | high | MANAGE-4.1 (enforcement) | ISO 42001 A.9.3 (operation controls) | | moderation enforcement | unknown | high | MANAGE-4.1 (enforcement) | ISO 42001 A.9.3 (operation controls) | | moderation enforcement | unknown | high | MANAGE-4.1 (enforcement) | ISO 42001 A.9.3 (operation controls) | | tier differences | unknown | high | MAP-3.4 (context of use by tier) | ISO 42001 A.9.2 (intended use) | | tier differences | unknown | high | MAP-3.4 (context of use by tier) | ISO 42001 A.9.2 (intended use) | | tier differences | unknown | high | MAP-3.4 (context of use by tier) | ISO 42001 A.9.2 (intended use) | | tier differences | unknown | high | MAP-3.4 (context of use by tier) | ISO 42001 A.9.2 (intended use) | | tier differences | unknown | high | MAP-3.4 (context of use by tier) | ISO 42001 A.9.2 (intended use) | | tier differences | unknown | high | MAP-3.4 (context of use by tier) | ISO 42001 A.9.2 (intended use) | | tier differences | unknown | high | MAP-3.4 (context of use by tier) | ISO 42001 A.9.2 (intended use) | | tier differences | unknown | high | MAP-3.4 (context of use by tier) | ISO 42001 A.9.2 (intended use) | | tier differences | unknown | high | MAP-3.4 (context of use by tier) | ISO 42001 A.9.2 (intended use) | | tier differences | unknown | high | MAP-3.4 (context of use by tier) | ISO 42001 A.9.2 (intended use) | | tier differences | unknown | high | MAP-3.4 (context of use by tier) | ISO 42001 A.9.2 (intended use) | ## Evidence (verbatim, with provenance) ### training use — risk unknown > When using the Services, you may import data, including personally identifiable information, regarding your Contacts (as defined below) (“ Contact Data ”). We view and use Contact Data only to provide Services to you, at your direction and, as part of the Services, to train, detect issues with our Services, and to ensure their proper functioning. We do not disclose Contact Data to third parties, except as follows: We may share Contact Data with our third party service providers to provide our Services or administer the site. If any portion of ActiveCampaign is sold, Contact Data may be part of the business assets we transfer. Contact Data also may be disclosed if ActiveCampaign is considering or completes the financing, securitization, insuring, sale, assignment or other transfer of all or part of the company. We may disclose Contact Data as we reasonably believe is necessary to comply with any judicial or governmental subpoenas, warrants or orders. We reserve the right to use, disclose and share your information and Contact Data to investigate, prevent or take action with respect to any potential or actual fraud, illegal activities, circumstances which threaten the physical safety of any person, violations of these Terms of Service or as otherwise required by law. We may receive requests directly from individuals, including your Contacts, not to receive emails from our Services. To comply with international data protection laws and to respect their requests, we place those individuals on a communications exclusion list (“ Global Exclusion List ”) so that they may no longer receive communications from our Services. - Interpretation (disclaimed): This segment defines 'Contact Data,' permits ActiveCampaign to view and use Contact Data to provide services, train its systems, detect issues, and ensure proper functioning, and restricts disclosure to third parties except for service providers and in the event of a sale of ActiveCampaign, establishing permitted uses including training and conditions for data sharing. - Tier: All - Location: § 4 - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=When%20using%20the%20Services%2C,from%20our%20Services.%20 ### prompt ownership — risk unknown > If you use our ActiveCampaign AI feature and/or any other artificial intelligence powered content generation feature of our Services (collectively, the “ AI Features ”), this Section 5.3 applies to you. The AI Features may allow you to submit text inputs (“ Prompts ”) and generate Marketing Content based on your Prompts. You must use the AI Features and the generated Marketing Content only (i) in a lawful manner and in compliance with all applicable laws; (ii) in accordance with these Terms and other ActiveCampaign documentation directed to the AI Features; and (iii) in a manner that does not infringe or attempt to infringe, misappropriate or otherwise violate any of our rights or those of any third party (for clarity, “manner” includes, without limitation, the method, purpose and/or means of causing or attempting to cause the AI Features to generate output). Due to the nature of the AI Features, generated Marketing Content may not be unique across users and the AI Features may generate the same or similar Marketing Content for other users. In addition, other users may ask similar questions and receive the same, similar or different responses. ActiveCampaign does not claim ownership of the Prompts or Marketing Content that you generate from the AI Features, and you are responsible for such materials and warrant that you own or otherwise control all the rights necessary for you to provide, post, upload, input or submit such materials. - Interpretation (disclaimed): This segment defines 'AI Features' and 'Prompts,' and restricts use of AI Features and generated Marketing Content to lawful purposes, compliance with these Terms and ActiveCampaign documentation, and non-infringing use, establishing conditions and restrictions on AI-generated output use. - Tier: All - Location: § 5.3 (AI Features) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20If%20you%20use,submit%20such%20materials.%20 ### prompt ownership — risk unknown > Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about ActiveCampaign or our products or Services (collectively, “ Feedback “), is non-confidential and will become the sole property of ActiveCampaign. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. - Interpretation (disclaimed): Assigns exclusive ownership of all Feedback (questions, suggestions, ideas, creative materials submitted by users) to ActiveCampaign, grants ActiveCampaign all intellectual property rights in Feedback, and confers an unrestricted, perpetual right to use and disseminate Feedback for any commercial or non-commercial purpose without compensation, effectively transferring user-generated input to the platform operator. - Tier: All - Location: § 10 (Feedback) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20Any%20questions%2C%20comments%2C,or%20compensation%20to%20you. ### output ownership — risk unknown > Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “ ActiveCampaign Content ”) are owned by or licensed to ActiveCampaign and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, ActiveCampaign and our licensors reserve all rights in and to our Services and the ActiveCampaign Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and ActiveCampaign Content for (i) your own personal use or (ii) if you are a business or organization, to communicate about your business or organization with your Contacts. However, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or ActiveCampaign Content; (b) copy, reproduce, distribute, publicly perform or publicly display ActiveCampaign Content, except as expressly permitted by us or our licensors; (c) modify the ActiveCampaign Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or ActiveCampaign Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or ActiveCampaign Content other than for their intended purposes. Any use of our Services or ActiveCampaign Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. - Interpretation (disclaimed): Defines 'ActiveCampaign Content' as owned by or licensed to ActiveCampaign, reserves all rights except as expressly stated, and grants users a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services and content, establishing the scope and limits of the user's licensed rights to platform outputs and content. - Tier: All - Location: § 8 (Limited License; Copyright and Trademark) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20Our%20Services%20and,the%20license%20granted%20herein. ### output ownership — risk unknown > Our Services may allow you and other users to create, post, store and share marketing, communications, or other content, including, but not limited to, email, text or SMS messages, photos, videos, software and other materials, and review or message boards (collectively, “ Marketing Content “). As between you and ActiveCampaign, you are fully and solely responsible for the creation and substance of the Marketing Content notwithstanding any comments, suggestions, or advice we may provide. You understand and agree that our Services are “interactive computer services” as that term is used in 47 U.S.C. § 230 and that ActiveCampaign is entitled to all rights and privileges attendant thereto. Except for the license you grant below, you retain all rights in and to your Marketing Content, as between you and ActiveCampaign. You grant ActiveCampaign a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display your Marketing Content to the recipients or audience designated by you or otherwise in accordance with the settings you specify in the Services. As a part of the Services, we may view, copy, and internally use Marketing Content to help us train and improve the Services, including their functionality and effectiveness for you and your campaigns, as well as to assist us in detecting issues. You may not create, post, store or share any Marketing Content that violates these Terms, including our Acceptable Use Policy ( https://www.activecampaign.com/legal/acceptable-use-policy ), or for which you do not have all the rights necessary to grant us the license described above. - Interpretation (disclaimed): This segment defines 'Marketing Content' as user-generated material on the platform, assigns sole responsibility for that content to the user notwithstanding any platform suggestions, and characterizes the services as interactive computer services under 47 U.S.C. § 230, establishing ownership, responsibility allocation, and legal characterization of the service. - Tier: All - Location: § 4 - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20Our%20Services%20may,license%20described%20above.%20 ### output ownership — risk unknown > The AI Features are not error-free, may not work as expected and may generate incorrect information. You should not rely on the AI Features and you should not use the AI Features for advice of any kind. Your use of the AI Features is at your own risk. Without limiting Section 14 in any way, but for the sake of clarity, ActiveCampaign does not make any warranty or representation of any kind that any output generated by the AI Features does not infringe the rights of any third party (including, but not limited to, copyright, trademark, rights of privacy and publicity, and defamation). - Interpretation (disclaimed): This segment disclaims that AI Features are error-free or reliable, warns users not to rely on them for advice, places risk of use on the user, and expressly disclaims any warranty that AI-generated outputs do not infringe third-party rights including copyright, trademark, privacy, and defamation, constituting a disclaimer of warranties regarding AI outputs. - Tier: All - Location: § 5.3 (AI Features) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=The%20AI%20Features%20are,and%20publicity%2C%20and%20defamation). ### commercial use — risk unknown > g. Additional Restrictions. Unless otherwise expressly provided in a separate agreement between you and ActiveCampaign, you will not resell the AC WhatsApp Service, WhatsApp Credits, or allow third parties to integrate with, access or use the AC WhatsApp Service or WhatsApp Credits. You also will ensure that you do not use any of the Meta or WhatsApp names and trademarks in any way (unless permitted under another agreement between yourself and Meta). WhatsApp Credits are non-transferrable and non-refundable. - Interpretation (disclaimed): Prohibits resale of the AC WhatsApp Service and WhatsApp Credits, prohibits third-party access or integration without express agreement, restricts use of Meta/WhatsApp trademarks, and declares WhatsApp Credits non-transferable and non-refundable, collectively restricting the commercial use and transferability of this service. - Tier: All - Location: § 6.7 (WhatsApp Messaging Service) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20g.%20Additional%20Restrictions.,are%20non-transferrable%20and%20non-refundable. ### commercial use — risk unknown > ActiveCampaign may provide you with consulting services (“ Consulting Services ”), which may include one-on-one strategy sessions (to help you optimize your use of ActiveCampaign’s marketing automation platform) or other professional services. For more information about pricing and service descriptions, please visit our Consulting Services page. Consulting Services may, in ActiveCampaign’s sole discretion, be performed by ActiveCampaign or any of its affiliates or subsidiaries depending on region and availability.  All Consulting Services will be performed remotely. If you purchase a one-on-one strategy session, you will be allowed to schedule a session of up to one (1) hour’s duration to receive such Consulting Services. All Consulting Services are non-cancellable and all purchases for Consulting Services are non-refundable. ActiveCampaign may reschedule the Consulting Services at any time with notice to you. For one-on-one strategy sessions, you must book your session for a date and time within thirty (30) days of the date of purchase, or if you are onboarding with ActiveCampaign for the Services, then within thirty (30) days after your onboarding is complete, otherwise such Consulting Services will be deemed completed at the end of the 30-day period; you are permitted to reschedule a session one time so long as you provide us with at least twenty-four (24) hours’ advanced notice, which we will reschedule in our discretion and based on availability. Sessions will be deemed completed for any no-shows. If you purchase multiple sessions, we cannot commit or guarantee that the same consultant will be available or assigned to you. - Interpretation (disclaimed): Defines 'Consulting Services' to include strategy sessions and professional services, specifies they may be performed by ActiveCampaign or affiliates at its discretion, and establishes conditions such as remote delivery and rescheduling requirements, setting the scope and operational parameters for this commercial service offering. - Tier: All - Location: § 7 (Consulting Services) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20ActiveCampaign%20may%20provide,or%20assigned%20to%20you. ### commercial use — risk unknown > You agree that we may, but have no obligation, to identify you as a customer of ActiveCampaign and that ActiveCampaign may, in its sole discretion, refer to you by name, trade name, trademark, logo and other proprietary marks or words, and may describe your business, in our marketing or publicity materials, on our website, and in press releases or other public statements. You hereby grant ActiveCampaign a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use your name and any of your trade names, trademarks, logos and other proprietary marks or words pursuant to this Section. - Interpretation (disclaimed): Continues the publicity license grant from segment 113, specifying the scope (nonexclusive, royalty-free, worldwide, fully-paid, sublicensable) and permitted uses of the customer's name and marks in ActiveCampaign's marketing and publicity activities. - Tier: All - Location: § 11 (Publicity) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20You%20agree%20that,pursuant%20to%20this%20Section. ### commercial use — risk unknown > 4) Our Services; License. - Interpretation (disclaimed): Section reference to 'Our Services; License' in the table of contents; incorporates the license and service-scope provisions governing commercial use rights into the agreement. - Tier: All - Location: § 3 (Privacy) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%204)%20Our%20Services%3B%20License.%20 ### privacy data use — risk unknown > ActiveCampaign can contact me by SMS and WhatsApp. By submitting, I agree to receive marketing emails from ActiveCampaign. Unsubscribe at any time. Privacy Policy . - Interpretation (disclaimed): Imposes an obligation on the submitter to consent to receiving SMS, WhatsApp, and marketing email communications from ActiveCampaign, and references the Privacy Policy governing data use; establishes user consent as a condition of form submission. - Tier: All - Location: Terms of Service › “Phone*” - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20ActiveCampaign%20can%20contact,time.%20Privacy%20Policy%20. ### privacy data use — risk unknown > ActiveCampaign can contact me by SMS and WhatsApp. By submitting, I agree to receive marketing emails from ActiveCampaign. Unsubscribe at any time. Privacy Policy . - Interpretation (disclaimed): Imposes an obligation on the submitter to consent to receiving SMS, WhatsApp, and marketing email communications from ActiveCampaign upon submitting the pricing form, and references the Privacy Policy governing data use. - Tier: All - Location: Terms of Service › “Phone*” - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20ActiveCampaign%20can%20contact,time.%20Privacy%20Policy%20. ### privacy data use — risk unknown > Please refer to our Privacy Policy ( https://www.activecampaign.com/legal/privacy-policy ) for information about how we collect, use and disclose information about you. - Interpretation (disclaimed): This segment expressly incorporates the Privacy Policy by hyperlink reference, directing users to that document for information on how their data is collected, used, and disclosed, making the Privacy Policy operative terms of the agreement. - Tier: All - Location: § 3 (Privacy) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20Please%20refer%20to,disclose%20information%20about%20you. ### privacy data use — risk unknown > You will not provide ActiveCampaign or upload to the Services, or take any actions with respect to, any Marketing Content or Contact Data for which you do not have a lawful basis for processing, permissions or consents in accordance with applicable data protection laws. You (and not ActiveCampaign) are responsible for ensuring that you meet all notice and consent obligations for sending communications to individuals in the jurisdictions where they reside. For more information and tips, please see our Consent page ( https://www.activecampaign.com/legal/consent-policy/ ). While our Services allow you to manage and access consents and other Contact Data, you acknowledge and agree that you, and not ActiveCampaign, have sole responsibility for maintaining all records relating thereto. You acknowledge and agree that our Services do not serve as a repository for Contact Data and it is your responsibility to store and maintain your own backups of Contact Data; this separate storage or backup system must be entirely independent of the Services provided by ActiveCampaign. You are solely responsible for determining whether our Services are suitable for use in light of any laws and regulations that govern your entity, industry, or relationship with your own Contacts, including but not limited to consumer protection, privacy, advertising, intellectual property or other laws. You may not use our Services for any unlawful or discriminatory activities, including but not limited to acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Food, Drug and Cosmetic Act, or other laws that apply to commerce or the provision of industry-specific services. - Interpretation (disclaimed): This segment prohibits uploading Contact Data or Marketing Content without a lawful basis for processing and places sole responsibility on the user for meeting notice and consent obligations under applicable data protection laws in all relevant jurisdictions, establishing a compliance obligation and restricting unlawful data uploads. - Tier: All - Location: § 5.2 (Compliance with Laws) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=You%20will%20not%20provide,of%20industry-specific%20services.%20 ### privacy data use — risk unknown > a “WhatsApp Contact” means a Contact to whom you have sent a message via WhatsApp using the AC WhatsApp Service or from whom you have received a message via WhatsApp. For clarity, each WhatsApp Contact constitutes a “Contact” within the meaning of Section 5.2 of these Terms. Without limiting the definition of “Contact Data” provided in Section 4 of these Terms, “Contact Data” of WhatsApp Contacts further includes any content or information that we access directly or indirectly in connection with your use of the AC WhatsApp Service. “WhatsApp Eligibility Requirements” has the meaning set forth in Section 5.6 of these Terms. a “WhatsApp Credit” or “WhatsApp Credits”, mean one or more credits that you purchase from ActiveCampaign to send Paid Messages to WhatsApp Contacts. “Paid Messages” are the messages described at the “ Purchasing ActiveCampaign WhatsApp Messaging ” help article (the “ Purchasing Help Page ”) that WhatsApp Credits can be used to purchase; provided, that ActiveCampaign reserves the right to modify what constitutes a “Paid Message” at any time, as well as the price per WhatsApp Credit, without additional notice to you, including without limitation to reflect changes made to the WhatsApp Business Platform’s pricing model; any such changes will be communicated via an update to the Purchasing Help Page. - Interpretation (disclaimed): Defines 'WhatsApp Contact,' 'Contact Data' as extended to WhatsApp Contacts (including content accessed directly or indirectly through the service), and incorporates by reference the definition of 'WhatsApp Eligibility Requirements,' establishing the scope of data covered and cross-referencing other operative definitions. - Tier: All - Location: § 6.7 (WhatsApp Messaging Service) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20a%20%E2%80%9CWhatsApp%20Contact%E2%80%9D,the%20Purchasing%20Help%20Page. ### privacy data use — risk unknown > By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law. If you are in Costa Rica, the following applies to you: you give your express consent for all processing and transfers of information about you that ActiveCampaign may require (within and outside of Costa Rica, and with third parties and parties of the same economic group of ActiveCampaign) for the proper fulfillment of ActiveCampaign’s legitimate purposes. You acknowledge that you unequivocally and freely give your consent, and that you have read and understand our Privacy Policy . - Interpretation (disclaimed): This segment requires users to consent to cross-border transfer, processing, and storage of their personal information in the United States and other countries, and specifically addresses Costa Rica users' express consent for processing within and outside Costa Rica with third parties, establishing user consent as a legal basis for international data transfers. - Tier: All - Location: § 17 (Transfer and Processing Data) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20By%20accessing%20or,our%20Privacy%20Policy%20. ### privacy data use — risk unknown > ActiveCampaign, LLC (“ ActiveCampaign ”) provides a marketing platform that allows clients to reach their customers, to understand how their customers interact with those communications and other content, and to customize marketing based on their customers’ interests. This Privacy Policy explains how ActiveCampaign, and its related bodies corporate (including AC PM LLC, ActiveCampaign Australia Pty Limited, ActiveCampaign Ireland Limited, ActiveCampaign Brasil LTDA, and ActiveCampaign Costa Rica S.R.L.), collect, use and disclose information from job applicants, website visitors, and our current and prospective clients(“ clients ” or “ you ”) when you use our services. These services include, as applicable, ActiveCampaign’s websites, platform, mobile application and other online products and services, as well as the Postmark and DMARC Digests websites, web applications and services owned and operated by AC PM LLC (collectively, the “ Services ”). This Privacy Policy does not apply where we process personal information as a data processor or service provider on behalf of our clients. Therefore, this Privacy Policy does not apply to the information, such as email addresses, that our clients import into our Services regarding their customers or business contacts (“ Contact Data ”) or to the end users, customers, or business contacts to whom that Contact Data may belong. When we act as a data processor or service provider, the privacy policy of our clients who use our Services applies instead of this Privacy Policy, and our processing of Contact Data is governed by our agreements with our clients. - Interpretation (disclaimed): This segment defines the scope and parties of the Privacy Policy: it identifies ActiveCampaign LLC and its related corporate entities, describes the business purpose (marketing platform), and specifies the categories of data subjects covered (job applicants, website visitors, and current users/clients), establishing the definitional foundation for all subsequent data processing obligations and rights in the policy. - Tier: All - Location: Privacy Policy › “Residents of Costa Rica” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20ActiveCampaign%2C%20LLC%20(%E2%80%9C,with%20our%20clients.%20 ### privacy data use — risk unknown > We collect information about your use of the Services, such as the ways in which you use our platform, the way you respond to us when we send you emails or communications or your preferences when you interact with our Services. - Interpretation (disclaimed): This clause establishes that the platform collects behavioral usage data including how users interact with the platform, respond to communications, and set preferences, defining the scope of behavioral data collection as an operative practice. - Tier: All - Location: Privacy Policy › “Usage Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20We%20collect%20information,interact%20with%20our%20Services. ### privacy data use — risk unknown > When you access or use our Services, we automatically collect information about you, including: Log Information:  We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, your general location and the page you visited before navigating to our Services. Transactional Information:  When you make a purchase, we collect information about the transaction, such as purchase details, purchase price, and date and location of the transaction. We or a designated third party may collect payment and credit card information when you subscribe to our paid Services or purchase additional services. Device Information:  We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information. Information Collected by Cookies and Other Tracking Technologies:  We and our service providers use various technologies to collect information, including cookies, web beacons and session replay. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. - Interpretation (disclaimed): This clause establishes automatic collection of log information, transactional data, and payment information upon service access, including IP address, browser type, purchase details, and financial data, defining a broad automatic data collection obligation and the involvement of third-party payment processors. - Tier: All - Location: Privacy Policy › “Information We Collect Automatically When You Use the Services” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20When%20you%20access,and%20campaign%20effectiveness.%20 ### privacy data use — risk unknown > We use the information we collect to provide, maintain and improve our Services, such as to administer your account and to provide you with insights to help you optimize your use of our platform. We may also use the information we collect to: Provide and deliver the products and services you request, process transactions and send you transaction-related information, including confirmations and invoices; Send you technical notices, updates, security alerts and support and administrative messages; Respond to your comments, questions and requests and provide customer service (this may include the use of chatbots and please note that your queries and responses to these chatbots may be transcribed and retained); Communicate with you about products, services, offers, promotions, rewards and events offered by ActiveCampaign and others, and provide news and information we think will be of interest to you; Monitor and analyze trends, usage and activities in connection with our Services; Audit related to a current interaction with the consumer and concurrent transactions, including but not limited to, counting ad impressions of unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards; Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity; Debug to identify and repair errors impairing existing intended functionality; Undertake internal research for technical development and demonstration; Undertake activities to verify or maintain the quality or safety of a service owned, manufactured for, or controlled by ActiveCampaign, and to improve, upgrade, or enhance the service owned, manufactured for, or - Interpretation (disclaimed): This clause establishes the purposes for which collected information is used, including account administration, transaction processing, security alerts, and customer service, defining the platform's operative data use obligations and permissions. - Tier: All - Location: Privacy Policy › “Use of Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20We%20use%20the,owned%2C%20manufactured%20for%2C%20or ### privacy data use — risk unknown > In addition, we may disclose aggregated or de-identified information, which cannot reasonably be used to identify you. Please also see our “Advertising and Analytics Services Provided by Others” section below. - Interpretation (disclaimed): This clause creates an exception permitting disclosure of aggregated or de-identified data that cannot reasonably identify individuals, and cross-references the advertising and analytics section for further disclosure practices. - Tier: All - Location: Privacy Policy › “Disclosure of Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20In%20addition%2C%20we,by%20Others%E2%80%9D%20section%20below. ### privacy data use — risk unknown > If you are a resident of Brazil, you have certain rights and protections regarding the processing of your personal data under the Brazilian General Data Protection Law (“ LGPD ”). - Interpretation (disclaimed): This segment incorporates the Brazilian General Data Protection Law (LGPD) as the legal framework governing processing rights and protections for Brazilian residents, establishing the statutory basis for obligations and rights described in the following provisions. - Tier: All - Location: Privacy Policy › “Residents of Brazil” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20If%20you%20are,Law%20(%E2%80%9C%20LGPD%20%E2%80%9D). ### privacy data use — risk unknown > You may opt out of receiving promotional emails from us by following the instructions in those emails, by clicking the “ unsubscribe ” link at the bottom of any of our emails, or by contacting us at  privacy@activecampaign.com . If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations. - Interpretation (disclaimed): Grants users the right to opt out of promotional emails via unsubscribe links or direct contact, while establishing an exception permitting continued non-promotional communications even after opt-out. - Tier: All - Location: Privacy Policy › “Promotional Communications” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20You%20may%20opt,our%20ongoing%20business%20relations. ### privacy data use — risk unknown > With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device. - Interpretation (disclaimed): Establishes that promotional and non-promotional push notifications may be sent with user consent and grants the user the right to deactivate these messages at any time via device settings, creating a conditional permission tied to ongoing consent. - Tier: All - Location: Privacy Policy › “Mobile Push Notifications/Alerts” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20With%20your%20consent%2C,on%20your%20mobile%20device. ### privacy data use — risk unknown > For ActiveCampaign job applicants as well as current, former, and prospective clients or website visitors, the data controller for purposes of processing information about you is ActiveCampaign, LLC. For Postmark and DMARC Digests current, former, and prospective clients or website visitors, the data controller for purposes of processing information about you is AC PM LLC. - Interpretation (disclaimed): Defines the identity of the data controller for different categories of data subjects and service lines, establishing legal accountability under data protection law for ActiveCampaign LLC and AC PM LLC respectively. - Tier: All - Location: Privacy Policy › “Chicago, IL 60602” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20For%20ActiveCampaign%20job,is%20AC%20PM%20LLC. ### privacy data use — risk unknown > The CCPA requires that we describe the personal information we collect using the categories as defined by the CCPA. While our collection, use and disclosure of personal information varies based on our relationship and interactions with you, this section explains the categories of personal information that we may generally collect about California consumers. In the preceding 12 months, we have collected the following categories of personal information as defined under the CCPA: Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, and account name; Characteristics of protected classifications under state or federal law, such as age or gender; Commercial Information, including records of Services purchased and credit card or other payment information; Internet or electronic network activity information, information, including, but not limited to, browsing history, search history, and information regarding your interaction with the Services including an internet website, application, or advertisement; Geolocation data; Audio, electronic, visual, thermal, olfactory, or similar information such as profile pictures; Professional or employment-related information; - Interpretation (disclaimed): Fulfills the CCPA statutory obligation to disclose categories of personal information collected in the preceding 12 months using CCPA-defined categories, including identifiers and other data types collected from California consumers. - Tier: All - Location: Privacy Policy › “Categories of Personal Information Collected” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20The%20CCPA%20requires,Professional%20or%20employment-related%20information%3B ### privacy data use — risk unknown > We collect personal information for the business and commercial purposes described in the “ Use of Information ”. - Interpretation (disclaimed): Fulfills the CCPA obligation to disclose business and commercial purposes for collecting personal information by cross-referencing the 'Use of Information' section, incorporating those purposes by reference. - Tier: All - Location: Privacy Policy › “Business or Commercial Purpose for Collecting Personal Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20We%20collect%20personal,Use%20of%20Information%20%E2%80%9D. ### privacy data use — risk unknown > If you are a resident of Australia, you have certain rights and protections with respect to your personal information under the Privacy Act 1988 (Cth) or “ Australian Privacy Act ”. - Interpretation (disclaimed): This segment incorporates the Australian Privacy Act 1988 (Cth) as the legal framework governing rights and protections for Australian residents, establishing the statutory basis for obligations and rights described in the following provisions. - Tier: All - Location: Privacy Policy › “Residents of Australia” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20If%20you%20are,Australian%20Privacy%20Act%20%E2%80%9D. ### privacy data use — risk unknown > We maintain appropriate technical and organizational measures consistent with industry standards to protect the personal information we hold about you from misuse, interference and loss, and unauthorized access, modification or disclosure. - Interpretation (disclaimed): This segment imposes an obligation on the company to maintain appropriate technical and organizational measures consistent with industry standards to protect personal information from misuse, interference, loss, and unauthorized access, modification, or disclosure, reflecting a security standard required under the Australian Privacy Act. - Tier: All - Location: Privacy Policy › “Storage and Security of Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20We%20maintain%20appropriate,access%2C%20modification%20or%20disclosure. ### privacy data use — risk unknown > Under the LGPD, we primarily rely on the following bases to lawfully process your personal data: Where you provide us with valid consent to process your personal data; When it is necessary in order to fulfill our legitimate interests or those of a third party, unless your fundamental rights and liberties, which require personal data protection, outweigh those interests; Where it is necessary order to fulfil the execution of a contract with you; When we must comply with a legal or regulatory obligation; or Where we seek to exercise our rights in judicial, administrative, or arbitration proceedings. - Interpretation (disclaimed): This segment enumerates the lawful bases relied upon to process personal data of Brazilian residents under the LGPD, including consent, legitimate interests, contractual necessity, legal or regulatory obligation, and judicial/administrative/arbitration proceedings, establishing the legal justifications for data processing activities. - Tier: All - Location: Privacy Policy › “Lawful Basis for Processing Personal Data” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20Under%20the%20LGPD%2C,administrative%2C%20or%20arbitration%20proceedings. ### privacy data use — risk unknown > If you are a resident of Brazil, you have the right to obtain the following from us in respect of personal data we hold about you: confirmation of the existence of the processing; access to the data; correction of incomplete, inaccurate or out-of-date data; anonymization, blocking or deletion of unnecessary or excessive data or data processed in noncompliance with the LGPD; transfer of the data to another service or product provider; deletion of personal data processed with your consent; information on the entities to whom we have disclosed the data; information on the possibility and consequences of not providing consent; and review of decisions made exclusively on the basis of automated processing of personal data and which affect your interests. If you submitted personal data directly to us or in accordance with the provision of Services and you would like to confirm the existence of processing, or access, correct, transfer, limit or delete your personal data, you can do so via your account settings or by contacting us. Upon request, we will notify you about whether we hold any of your personal data. By visiting your account settings, you can access, correct, transfer, limit or delete certain personal data associated with your account. In all cases, you may exercise your data subject rights by emailing us at  privacy@activecampaign.com  with details of your request. - Interpretation (disclaimed): This segment enumerates data subject rights available to Brazilian residents under the LGPD, including confirmation of processing, access, correction, anonymization or deletion, data portability, deletion of consent-based data, disclosure of sharing entities, and information about consequences of refusal, establishing legally enforceable rights individuals may exercise against the company. - Tier: All - Location: Privacy Policy › “Data Subject Rights Requests” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20If%20you%20are,details%20of%20your%20request. ### privacy data use — risk unknown > You have the right to withdraw your consent to the processing of your personal data where we process it based on your consent. You can do this at any time by opting out of commercial emails we send you by clicking on the unsubscribe links in those emails, or emailing us with your request at privacy@activecampaign.com , or by simply cancelling your account through your account settings and then emailing privacy@activecampaign.com  to request that your personal data be deleted. If you withdraw your consent to the processing of your personal data for the purposes set out in this Privacy Policy, you may not have access to some (or any) of the Services, and we might not be able to provide you some (or any) of the Services. Please note that, in certain cases, we may continue to process your personal data after you have withdrawn consent and requested that we delete your personal data, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation in Costa Rica. - Interpretation (disclaimed): This segment grants Costa Rican residents the right to withdraw consent to personal data processing at any time through specified mechanisms (unsubscribe links, email request, account cancellation and deletion request), and indicates that withdrawal may affect the ability to receive services, establishing both the right and its practical consequences. - Tier: All - Location: Privacy Policy › “Withdrawing Consent” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20You%20have%20the,obligation%20in%20Costa%20Rica. ### privacy data use — risk unknown > If you are a resident of Costa Rica, you have certain rights and protections with respect to your personal data under local laws for the data protection and privacy. - Interpretation (disclaimed): This segment incorporates local Costa Rican data protection and privacy laws as the legal framework governing rights and protections for Costa Rican residents, establishing the statutory basis for obligations and rights described in the following provisions. - Tier: All - Location: Privacy Policy › “Residents of Costa Rica” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20If%20you%20are,data%20protection%20and%20privacy. ### privacy data use — risk unknown > Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. This includes the following categories of sensitive personal information as defined under the CCPA: Contents of mail, email, or text messages. Note that we only collect, use, disclose or process sensitive personal information for the limited purposes permitted under the CCPA and not for the purposes of inferring characteristics about a consumer. For more specific examples of the personal information we collect, please see “ Collection of Information " above. - Interpretation (disclaimed): Discloses the collection of inferences and sensitive personal information categories under CCPA, including message contents, and establishes a restriction that sensitive personal information is only collected and processed for limited CCPA-permitted purposes and not for inferring consumer characteristics. - Tier: All - Location: Privacy Policy › “Education Information; and” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20Inferences%20drawn%20to,of%20Information%20%22%20above. ### privacy data use — risk unknown > The types of personal information that we collect will depend on the nature of your dealings with us. - Interpretation (disclaimed): This clause defines the conditional scope of personal information collection, establishing that the types of data collected depend on the nature of the user's dealings with the platform, which governs the applicability of downstream data use provisions. - Tier: All - Location: Privacy Policy › “Collection of Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20The%20types%20of,your%20dealings%20with%20us. ### privacy data use — risk unknown > If a requesting individual is a Contact in your database, we will use commercially reasonable efforts to notify you of such request before placing that Contact on our Global Exclusion List. - Interpretation (disclaimed): This segment imposes an obligation on ActiveCampaign to use commercially reasonable efforts to notify users before placing a Contact on the Global Exclusion List in response to an individual's request, establishing a procedural right and notification duty relating to contact data management. - Tier: All - Location: § 4 - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=If%20a%20requesting%20individual,our%20Global%20Exclusion%20List. ### privacy data use — risk unknown > ActiveCampaign can contact me by SMS and WhatsApp. By submitting, I agree to receive marketing emails from ActiveCampaign. Unsubscribe at any time. Privacy Policy . - Interpretation (disclaimed): This segment imposes a consent obligation on the user by requiring agreement to receive marketing communications via SMS, WhatsApp, and email as a condition of form submission, and references the Privacy Policy governing that data use. - Tier: All - Location: Privacy Policy › “Phone*” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20ActiveCampaign%20can%20contact,time.%20Privacy%20Policy%20. ### privacy data use — risk unknown > You also have the right to withdraw your consent to the processing of your personal data where we process it based on your consent. You can do this at any time by opting out of commercial emails we send you by clicking on the unsubscribe links in those emails, or emailing us with your request at  privacy@activecampaign.com , or by simply cancelling your account through your account settings and then emailing  privacy@activecampaign.com  to request that your personal data be deleted. If you withdraw your consent to the processing of your personal data for the purposes set out in this Privacy Policy, you may not have access to some (or any) of the Services, and we might not be able to provide you some (or any) of the Services. Please note that, in certain cases, we may continue to process your personal data after you have withdrawn consent and requested that we delete your personal data, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation, or if it is necessary to do so to pursue our legitimate interest in keeping the Services safe and secure. You may oppose the processing of your personal data when you have withdrawn your consent, if such processing is not compliant with the LGPD, by emailing us at  privacy@activecampaign.com . - Interpretation (disclaimed): This segment grants Brazilian residents the right to withdraw consent to personal data processing at any time through specified mechanisms (unsubscribe links, email request, account cancellation), and describes the legal consequences of withdrawal including that it does not affect the lawfulness of prior processing and may affect the ability to receive certain services. - Tier: All - Location: Privacy Policy › “Withdrawing Consent” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20You%20also%20have,us%20at%20privacy%40activecampaign.com%20. ### privacy data use — risk unknown > We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, engage with a chatbot on our website, fill out a form, make a purchase, participate in a contest or promotion, communicate with us via third party social media sites, interact with a message board, apply for a job, request customer support, use our platform or otherwise communicate with us. The types of information we may collect include: (1) identifiers, such as your full name, phone number, email address, postal mail address, unique personal identifier, online identifier, internet protocol address, (2) commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, (3) professional or employment-related information such as company name, company payment information, and business contact information (e.g., business phone number, address, or email); and (4) any other information you choose to provide (e.g. engaging with a chatbot is completely voluntary and you alone decide what personal information you disclose about yourself in the chat). - Interpretation (disclaimed): This clause describes the platform's practice of collecting personal information directly from users across multiple interaction points (account creation, purchases, chatbot engagement, job applications, etc.), establishing the scope of data collection as an operative practice with listed categories of identifiers. - Tier: All - Location: Privacy Policy › “Information You Provide to Us” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20We%20collect%20information,yourself%20in%20the%20chat). ### privacy data use — risk unknown > At any time during the processing of your personal data by ActiveCampaign, you may exercise your legal and constitutional rights in relation to your personal data, including, but not limited to, the following: right of access, right of amendment and correction, right of erasure, and right of informational self-determination. If you submitted personal data directly to us or in accordance with the provision of our Services and you would like to view, change, limit or delete your personal data, you can do so via your account settings or by contacting us. Upon request, we will notify you about whether we hold any of your personal data. By visiting your account settings, you can access, correct, change and delete certain personal data associated with your account. If you have any questions regarding the processing of your data or need assistance with the exercise of your data subject rights, please email us at privacy@activecampaign.com . - Interpretation (disclaimed): This segment enumerates legal and constitutional rights of Costa Rican residents during personal data processing, including rights of access, amendment and correction, erasure, and informational self-determination, and provides procedures for exercising those rights via account settings or direct contact, including an obligation to notify about personal data held upon request. - Tier: All - Location: Privacy Policy › “Data Subject Rights Requests” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20At%20any%20time,us%20at%20privacy%40activecampaign.com%20. ### privacy data use — risk unknown > If you have any questions about this Privacy Policy, please contact us at  privacy@activecampaign.com  or you can otherwise reach us at: - Interpretation (disclaimed): Specifies the procedure and contact details for users to submit questions about the Privacy Policy, directing inquiries to a designated privacy email address. - Tier: All - Location: Privacy Policy › “Contact Us” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20If%20you%20have,otherwise%20reach%20us%20at%3A ### privacy data use — risk unknown > ActiveCampaign can contact me by SMS and WhatsApp. By submitting, I agree to receive marketing emails from ActiveCampaign. Unsubscribe at any time. Privacy Policy . - Interpretation (disclaimed): This segment imposes a consent obligation on the user by requiring agreement to receive marketing communications via SMS, WhatsApp, and email from ActiveCampaign as a condition of form submission, and references the Privacy Policy governing that data use. - Tier: All - Location: Privacy Policy › “Phone*” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20ActiveCampaign%20can%20contact,time.%20Privacy%20Policy%20. ### privacy data use — risk unknown > We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you. - Interpretation (disclaimed): This segment establishes the procedure for how ActiveCampaign will notify users of changes to the Privacy Policy, including revising the effective date and potentially providing additional notice methods such as homepage statements or email notifications, and places an obligation on users to review the policy periodically to stay informed. - Tier: All - Location: Privacy Policy › “Residents of Costa Rica” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20We%20may%20change,choices%20available%20to%20you. ### privacy data use — risk unknown > controlled by ActiveCampaign; Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of ActiveCampaign and others; Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests; Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards; and Comply with our legal and financial obligations. - Interpretation (disclaimed): This clause grants the platform permission to use collected data for fraud detection, personalization, advertising, promotion administration, and legal compliance purposes, establishing operative use rights beyond core service delivery. - Tier: All - Location: Privacy Policy › “Use of Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20controlled%20by%20ActiveCampaign%3B,legal%20and%20financial%20obligations. ### privacy data use — risk unknown > We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your location based on your IP address. We may also infer information about your email and contact preferences based on how you respond to our communications with you, what information you find helpful, and what type of communication language most resonates with you. - Interpretation (disclaimed): This clause grants the platform permission to derive inferences about users — including location, email preferences, and communication preferences — from collected data, establishing an operative right to generate secondary data profiles. - Tier: All - Location: Privacy Policy › “Information We Derive” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20We%20may%20derive,most%20resonates%20with%20you. ### privacy data use — risk unknown > The Australian Privacy Act gives you a right to: Seek access to the personal information we hold about you; and Ask us to correct your personal information when it is inaccurate, out-of-date, incomplete, irrelevant or misleading. If you would like to access or correct your personal information, please see “ Your Choices ” above for information on how you can exercise your rights. In all cases, you may email us at privacy@activecampaign.com  with details of your request. - Interpretation (disclaimed): This segment enumerates individual rights granted to Australian residents under the Australian Privacy Act, including the right to seek access to personal information held by the company and the right to request correction of inaccurate, out-of-date, incomplete, irrelevant, or misleading personal information, and provides contact procedures for exercising those rights. - Tier: All - Location: Privacy Policy › “Australian Privacy Act Individual Rights” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20The%20Australian%20Privacy,details%20of%20your%20request. ### privacy data use — risk unknown > We collect personal information directly from you, automatically from your use of our Services, by using or combining personal information to derive additional personal information about you, and from others as described in “ Collection of Information ”. - Interpretation (disclaimed): Fulfills the CCPA obligation to disclose categories of sources of personal information by cross-referencing the 'Collection of Information' section and enumerating collection methods including direct collection, automated collection, derived data, and third-party sources. - Tier: All - Location: Privacy Policy › “Categories of Sources of Personal Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20We%20collect%20personal,Collection%20of%20Information%20%E2%80%9D. ### privacy data use — risk unknown > Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. You can visit the applicable Cookie Policy, available at  https://www.activecampaign.com/legal/cookie-policy in respect of ActiveCampaign services and https://postmarkapp.com/cookie-policy in respect of Postmark and DMARC Digests services, for more information on your choices with respect to cookies. - Interpretation (disclaimed): Describes the user's right to remove or reject cookies via browser settings and references applicable Cookie Policy URLs, while noting the functional consequences of doing so and incorporating the Cookie Policy for further information on choices. - Tier: All - Location: Privacy Policy › “Cookies” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20Most%20web%20browsers,with%20respect%20to%20cookies. ### privacy data use — risk unknown > In addition, we will only transfer the Google Data to others if necessary to provide or improve user-facing features that are prominent in the Services, to comply with applicable laws, or as part of a merger, acquisition, or sale of assets. We also do not use Google Data for advertising purposes. At any time, you can disconnect your Google account and delete this data in your account or by reaching out to  privacy@activecampaign.com  and requesting that it be deleted. - Interpretation (disclaimed): This clause restricts the transfer of Google Data to third parties to limited circumstances (service improvement, legal compliance, or corporate transactions) and prohibits use of Google Data for advertising, while granting users the right to disconnect their Google account and request deletion. - Tier: All - Location: Privacy Policy › “Connecting Your Email Account” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20In%20addition%2C%20we,that%20it%20be%20deleted. ### privacy data use — risk unknown > You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your account credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. By creating an ActiveCampaign account, you consent to receive electronic communications from ActiveCampaign (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. - Interpretation (disclaimed): This segment obligates users to provide accurate registration information, maintain account security, not share credentials, and notify ActiveCampaign of unauthorized access; it also establishes consent to receive electronic communications as a condition of account creation. - Tier: All - Location: § 2 (Accounts; Account Security; Electronic Communications) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20You%20will%20need,communications%20be%20in%20writing. ### data retention — risk unknown > Once you mark Contact Data for archival within our Services, it will be moved to a queue for deletion where, after thirty (30) days, it may be temporarily available for you to restore from ActiveCampaign’s most recent available data backup for a period of up to one (1) year (the “ Restore Period “) unless it is earlier deleted by you via the deletion feature of our Services. You acknowledge and agree that, once the Restore Period has expired or you use our Services to delete Contact Data, ActiveCampaign cannot, and has no obligation to, restore such Contact Data. You further acknowledge and agree that we have no liability related to the failure to successfully restore any Contact Data to a usable state. Upon cancellation or termination, you will not have access to or be able to restore any Contact Data. - Interpretation (disclaimed): Establishes the data retention and deletion procedure for Contact Data: upon marking for archival, data is queued for deletion, temporarily available for restoration from backup for up to one year (Restore Period), after which ActiveCampaign has no obligation to restore it, and upon expiration or manual deletion ActiveCampaign disclaims any further obligation, governing user rights and platform obligations regarding data lifecycle. - Tier: All - Location: § 6.6 (Contact Data Retrieval) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20Once%20you%20mark,restore%20any%20Contact%20Data. ### data retention — risk unknown > We will retain information about you only for as long as is necessary for the purposes set out in this Privacy Policy or as described to you, including for as long as your account is active (i.e., for the lifetime of your account), or as needed to provide the Services to you. If you no longer want us to use information about you to provide the Services to you, you may cancel your account. We will retain and use such information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws or to demonstrate our compliance with applicable laws governing our interaction with you), resolve disputes and enforce our agreements. We also retain log files for internal analysis purposes. These log files are generally retained for a limited period of time, except in cases where they are used for the safety and security of the Services, to improve functionality of the Services or we are legally obligated to retain them for longer time periods. - Interpretation (disclaimed): This clause establishes the platform's data retention policy, limiting retention to the period necessary for stated purposes or the lifetime of the account, and grants users the right to cancel their account to cease data use, while carving out retention obligations required by law (e.g., tax and revenue laws) and for dispute resolution and agreement enforcement purposes. - Tier: All - Location: Privacy Policy › “Retaining Your Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20We%20will%20retain,for%20longer%20time%20periods. ### data retention — risk unknown > We may retain your personal information for the length of time as described in the “ Retaining Your Information ” section above. - Interpretation (disclaimed): This segment incorporates by cross-reference the retention periods described in the 'Retaining Your Information' section, establishing that those retention terms apply to personal information held about California residents under the CCPA framework. - Tier: All - Location: Privacy Policy › “Retention of Personal Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20We%20may%20retain,Information%20%E2%80%9D%20section%20above. ### data retention — risk unknown > If you are a current client, you may update, correct or delete certain account information about you at any time by logging into your online account or emailing us at privacy@activecampaign.com . If you wish to cancel or temporarily pause your account, please email us at  privacy@activecampaign.com  and let us know what you are requesting, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time. - Interpretation (disclaimed): Grants current clients the right to update, correct, or delete account information, while simultaneously establishing an exception permitting the company to retain certain information as required by law or for legitimate business purposes, including cached or archived copies for a period of time. - Tier: All - Location: Privacy Policy › “Account Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20If%20you%20are,certain%20period%20of%20time. ### subprocessors data sharing — risk unknown > If you use our ActiveCampaign WhatsApp Messaging service (the “ AC WhatsApp Service ”), this Section 5.6 applies to you. These Terms describe the business relationship between you and ActiveCampaign, but your use of WhatsApp or Meta services remains subject to the terms you agreed to with the applicable “Meta entity” (such as may be listed as a “Meta Company” at https://faq.whatsapp.com/481188387305001/?locale=en_US ) providing such services to you (such Meta entity or Meta entities, as applicable, being collectively referred to herein as “ Meta ”), which may include, without limitation: (I) WhatsApp’s technical and product documentation, (II) WhatsApp’s Business Messaging Policy, (III) WhatsApp’s Business Terms of Service, (IV) WhatsApp’s Business Solution Terms, and (V) any other terms and conditions or agreements you have entered into with Meta (collectively, as applicable to you, the “ WhatsApp Terms ”). To use the AC WhatsApp Service, you must: (a) have a WhatsApp Business Account, (b) comply with the WhatsApp Terms, (c) comply with these Terms, and (d) comply with any additional eligibility requirements that we establish (which may, without limitation, be documented via the publication of help articles within the ActiveCampaign platform) from time to time (collectively, the “ WhatsApp Eligibility Requirements ”). By using the AC WhatsApp Service, you hereby expressly agree that you currently, and will at all times, comply with and abide by the WhatsApp Business Solution Terms and all other WhatsApp Terms. - Interpretation (disclaimed): This segment identifies Meta as an additional terms provider for WhatsApp services, incorporates Meta's WhatsApp Business Terms by reference as binding on users of the AC WhatsApp Service, and defines the 'Meta entity' concept, establishing that use of the feature is subject to third-party terms and identifying a key subprocessor relationship. - Tier: All - Location: § 5.6 (WhatsApp Prohibited Activities) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20If%20you%20use,other%20WhatsApp%20Terms.%20 ### subprocessors data sharing — risk unknown > ActiveCampaign offers use of a payment card as a convenience to its customers and uses a third-party payment processor to process payment transactions. By enabling payment by payment card, you agree to be bound by the separate terms of service applicable to the third-party payment processing services. You acknowledge and agree that all information submitted in connection with your payment card is separately collected, processed and stored by the third-party payment processor and is subject to the third-party payment processor’s privacy policy. ActiveCampaign reserves the right to change or add third-party payment processors at any time. ACTIVECAMPAIGN WILL NOT BE RESPONSIBLE FOR AND WILL HAVE NO LIABILITY IN RESPECT OF ANY SERVICES PROVIDED BY THE THIRD-PARTY PAYMENT PROCESSOR. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method. In addition, you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription fees or one-time purchases (and applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended until your payment is processed. You must resolve any problem we encounter in order to proceed. You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount. - Interpretation (disclaimed): Discloses use of a third-party payment processor as a subprocessor for payment transactions, imposes an obligation on the user to be bound by that processor's separate terms, and acknowledges that payment card data is collected, processed, and stored by the third party under its own privacy policy, establishing data-sharing and subprocessor obligations. - Tier: All - Location: § 6.5 (Payment and Billing Information) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20ActiveCampaign%20offers%20use,the%20corresponding%20amount.%20 ### subprocessors data sharing — risk unknown > If you are in Brazil, the following applies to you: You acknowledge and accept EBANX PTE. LTD. (“ EBANX ”) as a third-party payment processor and authorize EBANX to process any and all payments to ActiveCampaign, which may include foreign exchange transactions. All payments processed by EBANX will be in accordance with the EBANX terms and conditions available at https://www.ebanx.com/pt-br/legal . You agree to promptly provide any additional information or documents requested by EBANX to comply with EBANX policies or applicable laws. Moreover, EBANX may contract a third-party payment provider or financial partner, duly licensed and regulated by the Brazilian Central Bank, to carry out exchange operations and remittances if permitted by the applicable laws. - Interpretation (disclaimed): Identifies EBANX PTE. LTD. as a specific third-party payment subprocessor for Brazilian users, authorizes EBANX to process payments including foreign exchange transactions, incorporates EBANX's terms by reference, and imposes an obligation on the user to provide documents requested by EBANX for compliance, establishing a specific regional subprocessor data-sharing arrangement. - Tier: All - Location: § 6.5 (Payment and Billing Information) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20If%20you%20are,by%20the%20applicable%20laws. ### subprocessors data sharing — risk unknown > Transfer of Information to the U.S. and Other Countries - Interpretation (disclaimed): Table of contents entry cross-referencing the 'Transfer of Information to the U.S. and Other Countries' section, which governs cross-border data transfers; functions as an incorporation by reference to that legal section. - Tier: All - Location: Privacy Policy › “Disclosure of Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20Transfer%20of%20Information,and%20Other%20Countries%20 ### subprocessors data sharing — risk unknown > We may also obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including but not limited to social media sites, credit bureaus, data enrichment providers, fraud prevention vendors and partners, and publicly available sources. Additionally, if you create or log into your account through a third-party site, we may have access to certain information from that site, which could include information such as your name, account information, and other information you make available, in accordance with the authorization procedures determined by such third-party site. - Interpretation (disclaimed): This clause discloses that the platform obtains personal information from third parties including social media sites, credit bureaus, data enrichment providers, and fraud prevention vendors, and combines it with internally collected data, establishing a subprocessor and data-sharing disclosure obligation. - Tier: All - Location: Privacy Policy › “Information We Collect From Other Sources” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20We%20may%20also,by%20such%20third-party%20site. ### subprocessors data sharing — risk unknown > You may have the option of integrating our Services with other services, technologies or platforms on your desktop, permitted websites and/or your mobile phone. For example, we may offer you widgets that have countdowns to various launches as well as the opportunity to connect the Services with other third-party services that you use in your business. These integrations may require you to input information about you or result in the disclosure of information about you from the Services to a third party, or cause the Services to receive information about you from a third party with whom you instruct us to integrate. These integrations may (i) check for updates automatically and transmit your information to their server and/or engine; (ii) send information entered into or accessed by the technology to its server and/or engine; (iii) be visible to the public if embedded on publicly available webpages (such as social networking webpages); or (iv) transmit information about you to or from the Services, depending on the policies of that website. Please note that when you enable an integration between the Services and a third party, any information about you that is transmitted to a third party will be subject to the policies and procedures of that third party and not of ActiveCampaign. - Interpretation (disclaimed): This clause explains that integrating the platform with third-party services may result in disclosure of user information to or receipt of information from those third parties, establishing the legal basis and scope of data sharing through optional integrations. - Tier: All - Location: Privacy Policy › “Integrations with Other Services” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20You%20may%20have,and%20not%20of%20ActiveCampaign. ### subprocessors data sharing — risk unknown > required by any applicable law, rule or regulation (including lawful requests by public authorities to meet national security or law enforcement requirements); If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of ActiveCampaign or others; With our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests; In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company; Between and among ActiveCampaign and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and With your consent or at your direction. - Interpretation (disclaimed): This clause establishes permitted circumstances for disclosing user information, including legal compliance, protecting platform rights, professional advisor consultation, and corporate transactions (merger, acquisition, financing), defining the legal bases for third-party disclosure. - Tier: All - Location: Privacy Policy › “Disclosure of Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20required%20by%20any,at%20your%20direction.%20 ### subprocessors data sharing — risk unknown > We often need to engage other companies and individuals to help us operate and provide the Services. This includes our related bodies corporate, vendors and service providers (such as learning management platforms, customer service support, analytics and security providers) who have only limited access to information about you, may use such information only to perform these tasks on our behalf, and are obligated to us not to disclose or use information about you for other purposes. We will not disclose information about you except in the following circumstances or as otherwise described in this Privacy Policy: With related bodies corporate, vendors, consultants and service providers who need access to such information to carry out work on our behalf, such as companies that assist us with web hosting, payment processing, fraud detection and prevention, customer service support providers and chatbot providers; If you post content in a public area of our Services, we disclose this information publicly on our Services; If you choose to use integrations we offer on our Services or to otherwise integrate third party products with our Services, such as connecting your email account to our platform or integrating an ecommerce account with our Services, we may disclose certain information to the integration partners or as directed by you through the integration you enable (See our “Integrations with Other Services” section for more information); With approved ActiveCampaign partners to provide the Services, customer support, and additional onboarding, implementation and consulting services to you in your local language; In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise - Interpretation (disclaimed): This clause discloses that the platform engages vendors and service providers as subprocessors with limited data access, obligated not to disclose or use user information beyond assigned tasks, establishing the contractual framework for subprocessor data sharing restrictions. - Tier: All - Location: Privacy Policy › “Disclosure of Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20We%20often%20need,process%2C%20or%20as%20otherwise ### subprocessors data sharing — risk unknown > In the preceding 12 months, we have disclosed the following CCPA-defined categories of personal information for business or commercial purposes to the following categories of recipients: - Interpretation (disclaimed): Begins the CCPA-required disclosure listing the categories of personal information disclosed for business or commercial purposes to specific categories of recipients in the preceding 12 months, fulfilling a statutory transparency obligation. - Tier: All - Location: Privacy Policy › “Categories of Personal Information Disclosed” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20In%20the%20preceding,following%20categories%20of%20recipients%3A ### subprocessors data sharing — risk unknown > Category of Personal Information Disclosed for a business or commercial purpose Categories of Recipients Identifiers Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including, data hosting providers, fraud detection and prevention vendors, customer service support providers, IT support providers, learning management platforms, video hosting platforms, cloud services providers Characteristics of protected classifications under state or federal law Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including data hosting providers, cloud services providers Commercial Information Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including payment processors, IT support providers, cloud services providers Internet or electronic network activity information Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including data hosting providers, data analytics providers, cloud services providers Geolocation data Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including data hosting providers, data analytics providers, cloud services providers Audio, electronic, visual, thermal, olfactory, or similar information Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including data hosting providers, cloud services providers Professional or employment related information Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including data hosting providers, cloud services providers Education - Interpretation (disclaimed): This segment discloses categories of personal information shared for business or commercial purposes and identifies the categories of recipients (related bodies corporate, vendors, consultants, service providers including data hosting, fraud detection, customer service, IT support, learning management, video hosting, and cloud services providers), fulfilling CCPA disclosure obligations regarding third-party data sharing. - Tier: All - Location: Privacy Policy › “Categories of Personal Information Disclosed” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20Category%20of%20Personal,cloud%20services%20providers%20Education ### subprocessors data sharing — risk unknown > Internet or electronic network activity information Data enrichment providers You have the right to opt out of these “sales” at any time by going to our “Do Not Sell or Share My Personal Information” link on our CCPA webpage . We do not knowingly collect, and therefore do not sell, the personal information of consumers under the age of 16. “Sharing” of Personal Information  The CCPA also requires that we explain how we “share” personal information, which under the CCPA broadly means making personal information available to third parties for the purposes of providing personalized ads or content, also known as “cross-context behavioral advertising” or “internet-based advertising”. As such, we may “share” your personal information with a third party to help serve you with personalized content or ads that may be more relevant to your interests, and to otherwise advertise our products and Services. Note that any “sharing” of personal information as described in this section does not apply to Contact Data. In the preceding 12 months, we have “shared” the following categories of personal information to the following categories of third parties: - Interpretation (disclaimed): This segment discloses that Internet or electronic network activity information is sold to data enrichment providers, grants consumers the right to opt out of such sales via a designated link, and states that personal information of consumers under 16 is not knowingly collected or sold, establishing both a disclosure obligation and a consumer opt-out right under the CCPA. - Tier: All - Location: Privacy Policy › “Identifiers Data enrichment providers” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20Internet%20or%20electronic,categories%20of%20third%20parties%3A ### subprocessors data sharing — risk unknown > Category of Personal Information Disclosed for a business or commercial purpose Categories of Recipients Contents of mail, email, or text messages Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including, data hosting providers, fraud detection and prevention vendors, customer service support providers, IT support providers, learning management platforms, video hosting platforms, cloud services providers Note that any disclosures of personal information as described in this section does not apply to Contact Data. “Sales” of Personal Information  The CCPA requires that we provide transparency about personal information we “sell.” For the purposes of the CCPA, this broadly means scenarios in which we have disclosed personal information to third parties in exchange for any “valuable consideration” (i.e., no monetary payment needs to be involved). Although we do not sell your personal information in exchange for money, we do disclose personal information for the commercial purpose of enriching datasets to better understand how to tailor our Services to your use cases. Note that any “sales” of personal information as described in this section does not apply to Contact Data. In the preceding 12 months, we have “sold” the following categories of personal information to the following categories of third parties: - Interpretation (disclaimed): This segment discloses that contents of mail, email, or text messages are shared with various service providers for business or commercial purposes, and clarifies that disclosures do not apply to Contact Data, fulfilling CCPA transparency obligations and introducing the 'Sales' of Personal Information section. - Tier: All - Location: Privacy Policy › “Categories of Personal Information Disclosed” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20Category%20of%20Personal,categories%20of%20third%20parties%3A ### subprocessors data sharing — risk unknown > Should you choose to connect your email account to our platform, you will be using a set of features built using technology from Nylas, Inc. By signing up or using the Nylas application, you understand and agree that Nylas, Inc. and its affiliates who provide Nylas (“ Nylas ”), will have access to your information and will be permitted to use that information for specific, limited purposes to provide the Services to you, in accordance with our agreement with Nylas.  This integration is a completely optional service and is not required to use our platform. Google OAuth: You have the option of integrating aspects of your Google email metadata with your account through our integration with Nylas. We will ask for your consent to connect your Google account to your ActiveCampaign account. This step is optional but can very valuable in helping you to make the best use of our platform by tracking your interactions with your leads and customers. When you connect your Google account with the ActiveCampaign platform through Nylas, we will have access to certain information such as the email meta headers (sender, recipient, and date), the email message body and subject line (“ Google Data ”). We only process Google Data you make available to us through this integration in order to provide the Service to you and to improve the Services, consistent with  Google’s Limited Use Requirements . We do not independently access the Google Data ourselves unless we first obtain your consent to view the Google Data (e.g., to provide you with tech support), we need to do so for internal security purposes, to comply with applicable law, or where the data is fully aggregated and anonymized for internal use purposes and cannot be used to identify you or your email recipients. - Interpretation (disclaimed): This clause grants Nylas, Inc. and its affiliates permission to access and use user information for limited purposes under a subprocessor agreement, while clarifying the integration is optional, thereby defining the scope of third-party data access rights. - Tier: All - Location: Privacy Policy › “Connecting Your Email Account” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20Should%20you%20choose,your%20email%20recipients.%20 ### subprocessors data sharing — risk unknown > Internet or electronic network activity information Advertising networks and social networks You have the right to opt out of this “sharing” at any time by going to our “Do Not Sell or Share My Personal Information” link on our CCPA webpage . We do not knowingly collect, and therefore do not share, the personal information of consumers under the age of 16. - Interpretation (disclaimed): This segment discloses that Internet or electronic network activity information is shared with advertising networks and social networks, grants consumers the right to opt out of such sharing via a designated link, and states that personal information of consumers under 16 is not knowingly collected or shared, establishing both a disclosure obligation and a consumer opt-out right under the CCPA. - Tier: All - Location: Privacy Policy › “Identifiers Advertising networks and social networks” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20Internet%20or%20electronic,the%20age%20of%2016. ### subprocessors data sharing — risk unknown > We allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons, device identifiers, session replay, and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, mobile network information, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by ActiveCampaign and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, better understand your online activity and identify usability issues or areas for improvement. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices  or  http://www.youronlinechoices.eu/ if you are in the European Economic Area (“ EEA “). We also use Google Analytics within our Services. For more information on how Google may use personal information about you, see  www.google.com/policies/privacy/partners/  for more information. Please note: If you choose to opt-out of interest-based advertising, you may continue to see or receive online advertising, but such ads may not be as relevant to you. We also work with third parties to serve ads to you as part of customized campaigns on third-party platforms (such as Facebook, Twitter, and LinkedIn). - Interpretation (disclaimed): This clause permits third parties to serve advertisements and provide analytics using cookies, web beacons, device identifiers, and session replay to collect behavioral data across the internet, establishing the scope of third-party data collection and use rights for advertising and analytics purposes. - Tier: All - Location: Privacy Policy › “Advertising and Analytics Services Provided by Others” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20We%20allow%20others,Twitter%2C%20and%20LinkedIn).%20 ### subprocessors data sharing — risk unknown > As part of these ad campaigns, we or the third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and serve you advertising that is customized to your interests. Note that the third-party platforms may offer you choices about whether you see these types of customized ads. - Interpretation (disclaimed): This clause permits the platform and third-party advertising platforms to convert user contact information (email, phone number) into hashed identifiers for audience matching and targeted advertising, establishing operative permission for data transformation and cross-platform identity resolution. - Tier: All - Location: Privacy Policy › “Advertising and Analytics Services Provided by Others” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=As%20part%20of%20these,types%20of%20customized%20ads. ### subprocessors data sharing — risk unknown > We may disclose your personal information to third parties as described in the “ Disclosure of Information ” section above. Note that any disclosure of information as described in that section does not apply to Contact Data. - Interpretation (disclaimed): Fulfills the CCPA obligation to disclose categories of third parties receiving personal information by cross-referencing the 'Disclosure of Information' section, and establishes an explicit exception carving out Contact Data from the scope of third-party disclosure described therein. - Tier: All - Location: Privacy Policy › “Categories of Third Parties to Whom We Disclose Personal Information” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20We%20may%20disclose,apply%20to%20Contact%20Data. ### subprocessors data sharing — risk unknown > Session replay provides the ability to replay a visitor’s interaction with our Services, such as mouse movements, clicks and page visits, in helping us to better understand your experience and may employ cookies and similar technologies. For more information about cookies, and how to disable them, please see “ Your Choices ” below or visit the applicable Cookie Policy located at https://www.activecampaign.com/legal/cookie-policy  for ActiveCampaign services and https://postmarkapp.com/cookie-policy for Postmark and DMARC Digests services. - Interpretation (disclaimed): This clause discloses the use of session replay technology and cookies to record visitor interactions, and references third-party cookie policies for ActiveCampaign and Postmark services, establishing data collection practices and directing users to subprocessor-related cookie disclosures. - Tier: All - Location: Privacy Policy › “Information We Collect Automatically When You Use the Services” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=Session%20replay%20provides%20the,and%20DMARC%20Digests%20services. ### subprocessors data sharing — risk unknown > Information Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including data hosting providers, cloud services providers Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes Related bodies corporate, vendors, consultants and service providers who perform services on our behalf including data hosting providers, cloud services providers This includes disclosures of the following CCPA-defined categories of sensitive personal information for business or commercial purposes to the following categories of recipients: - Interpretation (disclaimed): This segment continues the CCPA-required disclosure of categories of personal information (including inferences drawn to create consumer profiles) shared with related bodies corporate, vendors, and service providers including data hosting and cloud services providers, satisfying statutory disclosure requirements under the CCPA. - Tier: All - Location: Privacy Policy › “Categories of Personal Information Disclosed” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20Information%20Related%20bodies,following%20categories%20of%20recipients%3A ### audit rights dpa residency — risk unknown > In order to provide you with the Services you subscribe to or that you request from us, information about you may be transferred to ActiveCampaign locations in the United States, Australia, Ireland, Brazil, and Costa Rica as well as countries where our service providers and approved ActiveCampaign partners may be based. In some cases, information about you may be transferred to or accessed from other countries, including when you consent and allow us to do so, where it is required in order for us to provide Services to you and when we need to do so to provide functions like product support, troubleshooting and gaining insights into the usage patterns of our Services. When information about you is transferred to countries other than your home country, you may not have the same rights and protections as you do under local law. Any international transfers of such information will be done in accordance with applicable law. - Interpretation (disclaimed): This clause establishes that user data may be transferred to ActiveCampaign locations in multiple countries (US, Australia, Ireland, Brazil, Costa Rica) and to countries where service providers operate, defining the geographic scope of international data transfers and the legal bases for such transfers including consent and service necessity. - Tier: All - Location: Privacy Policy › “Transfer of Information to the U.S. and Other Countries” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20In%20order%20to,accordance%20with%20applicable%20law. ### audit rights dpa residency — risk unknown > You have the right to withdraw your consent to our processing of your personal data where we process it based on your consent. You can do this at any time by opting out of commercial emails we send you by clicking on the unsubscribe links in those emails, or emailing us with your request at  privacy@activecampaign.com , or by simply cancelling your account through your account settings and then emailing  privacy@activecampaign.com  to request that your personal data be deleted. If you withdraw your consent to the processing of your personal data for the purposes set out in this Privacy Policy, you may not have access to some (or any) of the Services, and we might not be able to provide you some (or any) of the Services. Please note that, in certain cases, we may continue to process your personal data after you have withdrawn consent and requested that we delete your personal data, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation, or if it is necessary to do so to pursue our legitimate interest in keeping the Services safe and secure. - Interpretation (disclaimed): Grants data subjects the right to withdraw consent to processing at any time via specified mechanisms including unsubscribe links, email, or account cancellation, and identifies the legal consequences of withdrawal including potential inability to continue using services. - Tier: All - Location: Privacy Policy › “Withdrawing Consent” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20You%20have%20the,Services%20safe%20and%20secure. ### audit rights dpa residency — risk unknown > If you are a resident of California, you have certain rights as a “consumer” under the California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.) with respect to your personal information. This section describes your CCPA consumer rights and explains how to exercise those rights. - Interpretation (disclaimed): Continuation of the CCPA introduction, providing the statutory citation and describing the purpose of the section to outline consumer rights and exercise mechanisms under California law. - Tier: All - Location: Privacy Policy › “Residents of California” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20If%20you%20are,to%20exercise%20those%20rights. ### audit rights dpa residency — risk unknown > Your CCPA rights include the right to request access to your personal information, to request deletion or correction of your personal information, and to know additional details about our personal information practices (see below). You also have the right to opt out of the “sale” or "sharing" of your personal information, which is broadly defined under the CCPA to include certain cases of simply making data available to third parties (see below), and to not be discriminated against. For details about how to exercise these rights, please see “ Your Choices ” above. You may additionally contact us through our toll-free number at +1 (866) 851-5211 , and finally, you may exercise your rights by clicking on the “Do Not Sell or Share My Personal Information” link on our CCPA page to take you to a webform or, as applicable, submitting a verifiable consumer request through https://postmarkapp.com/contact . California consumers may also designate an authorized agent to exercise these options on their behalf. If you would like to use an authorized agent registered with the California Secretary of State to exercise these rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf. We will not discriminate against you if you choose to exercise your rights related to your personal information. - Interpretation (disclaimed): Enumerates specific CCPA rights including access, deletion, correction, knowledge of data practices, opt-out from sale or sharing of personal information, and non-discrimination, and cross-references the 'Your Choices' section as the procedural mechanism for exercising those rights. - Tier: All - Location: Privacy Policy › “CCPA Consumer Rights” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20Your%20CCPA%20rights,to%20your%20personal%20information. ### audit rights dpa residency — risk unknown > If you are a resident of the EEA, the UK or Switzerland, we primarily rely on the following bases to process your personal data lawfully. First, it is necessary for us to process your personal data in certain ways in order to provide the Services to you, in accordance with a contract between you and us, including, our Terms of Service, available at  https://www.activecampaign.com/legal/terms-of-service/ . Second, where you have given us valid consent to use your personal data in certain ways, we will rely on your consent. This includes situations where we will obtain your consent prior to sending you information about our products and Services. Third, in certain cases we may process your personal data where necessary to further our legitimate interests, where those legitimate interests are not overridden by your rights or interests. This includes usage statistics, analytics and internal analysis we run to better understand how to use our platform so that we can improve our Services and also provide you with better recommendations on how to get the most out of our platform and to accomplish your goals. This also includes information we process and disclose to detect, prevent, and address fraudulent and illegal activities on our Services. Fourth, in some cases we may process your personal data where necessary to satisfy our legal obligations. This includes records containing your personal data that we may be required to retain for a period of time or may be legally required to disclose to a government authority or third party. - Interpretation (disclaimed): Identifies and defines the lawful bases relied upon for processing personal data of EEA, UK, and Switzerland residents, including contractual necessity and consent, and incorporates the Terms of Service by reference as governing the contractual basis. - Tier: All - Location: Privacy Policy › “Lawful Basis for Processing” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20If%20you%20are,authority%20or%20third%20party. ### audit rights dpa residency — risk unknown > If you are a resident of the EEA, the UK or Switzerland, you have the right to request access to personal data we hold and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing activities. If you submitted personal data directly to us or in accordance with the provision of our Services and you would like to view, change, limit or delete your personal data, you can do so via your account settings or by contacting us. Upon request, we will notify you about whether we hold any of your personal data. By visiting your account settings, you can access, correct, change and delete certain of your personal data associated with your account. In certain cases where we process your personal data, you may also have a right to restrict or limit the ways in which we use your personal data. In certain circumstances, you also have the right to object to the processing of your personal data, to request the deletion of your personal data and to obtain a copy of your personal data in machine-readable format. If you need assistance accessing or modifying your personal data or wish to delete your personal data, please email us at  privacy@activecampaign.com . - Interpretation (disclaimed): Enumerates specific GDPR data subject rights including access, correction, erasure, portability, objection, and restriction of processing, and establishes the procedure for exercising those rights via account settings or direct contact. - Tier: All - Location: Privacy Policy › “Data Subject Rights Requests” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20If%20you%20are,us%20at%20privacy%40activecampaign.com%20. ### audit rights dpa residency — risk unknown > If you are a resident of the EEA, the UK or Switzerland, you have certain rights and protections under the law regarding the processing of your personal data. - Interpretation (disclaimed): Affirms that EEA, UK, and Switzerland residents hold specific legal rights and protections under applicable law regarding personal data processing, establishing the legal basis for the rights enumerated in subsequent segments. - Tier: All - Location: Privacy Policy › “Residents of the European Economic Area, the United Kingdom and Switzerland” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20If%20you%20are,of%20your%20personal%20data. ### audit rights dpa residency — risk unknown > EU-REP.Global has been appointed as ActiveCampaign’s representative in the European Union and the UK pursuant to Article 27 of the General Data Protection Regulation (EU) 2016/679 (“ GDPR ”) and the GDPR as incorporated into UK law (“ UK GDPR ”) respectively. Accordingly, in addition to reaching us via the details provided in our “ Contact Us ” section above, you may contact EU-REP.Global on matters related to our processing of your personal data as follows: If you are in the European Union, you may address privacy-related inquiries to: EU-REP.Global GmbH, Attn: ActiveCampaign, Hopfenstr. 1d, 24114 Kiel, Germany or activecampaign@eu-rep.global If you are in the UK, you may address privacy-related inquiries to: DP Data Protection Services UK Ltd., Attn: ActiveCampaign, 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom or activecampaign@eu-rep.global If you are a resident of the EEA, the UK or Switzerland and have a concern about our processing of your personal data that we are not able to resolve, you have the right to lodge a complaint with the data protection authority where you reside. For contact details of your local Data Protection Authority, please see the links below: For individuals in the EEA:  http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm . For individuals in the UK:  https://ico.org.uk/global/contact-us/ . For individuals in Switzerland:  https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html . - Interpretation (disclaimed): Identifies EU-REP.Global as ActiveCampaign's appointed representative under Article 27 of the GDPR and UK GDPR and provides procedural contact details for data subjects in the EU and UK to submit privacy-related inquiries, fulfilling a legal obligation under GDPR. - Tier: All - Location: Privacy Policy › “Questions or Complaints” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20EU-REP.Global%20has%20been,in%20Switzerland%3A%20https%3A%2F%2Fwww.edoeb.admin.ch%2Fedoeb%2Fen%2Fhome%2Fthe-fdpic%2Fcontact.html%20. ### audit rights dpa residency — risk unknown > Residents of the European Economic Area, the United Kingdom and Switzerland - Interpretation (disclaimed): Table of contents entry cross-referencing the EEA, UK, and Switzerland residents section, which governs GDPR and equivalent data protection rights and obligations; functions as an incorporation by reference to that legal section. - Tier: All - Location: Privacy Policy › “Additional Information for Residents of Certain Jurisdictions” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20Residents%20of%20the,Kingdom%20and%20Switzerland%20 ### audit rights dpa residency — risk unknown > In connection with our processing of personal data (as defined by European law) received from the European Union, the United Kingdom or Switzerland, ActiveCampaign and AC PM LLC comply with the EU-U.S. Data Privacy Framework (“ EU-U.S. DPF ”), the UK Extension to the EU-U.S. DPF and the Swiss-U.S. Data Privacy Framework (“ Swiss-U.S. DPF ”) as set forth by the U.S. Department of Commerce (collectively, the “ Data Privacy Framework ”) with respect to personal data we process from the EU, the UK or Switzerland and transfer to the United States. ActiveCampaign has certified to the U.S. Department of Commerce that it adheres 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 and the UK in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. ActiveCampaign has certified to the U.S. Department of Commerce that it adheres 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 in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. For more information about the Data Privacy Framework program, and to view our certification, please visit https://www.dataprivacyframework.gov . - Interpretation (disclaimed): This clause establishes that ActiveCampaign and AC PM LLC comply with the EU-U.S. DPF, UK Extension, and Swiss-U.S. DPF as certified to the U.S. Department of Commerce, defining the legal framework and certification status for transatlantic personal data transfers. - Tier: All - Location: Privacy Policy › “Data Privacy Framework” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20In%20connection%20with,visit%20https%3A%2F%2Fwww.dataprivacyframework.gov%20.%20 ### audit rights dpa residency — risk unknown > One of the mechanisms we use to help provide protection for the transfer of personal data to countries outside of your home country is through a series of intercompany agreements. If you are in the EEA, the UK or Switzerland, this may include the Standard Contractual Clauses authorized under European Union law. You can find a copy of the Standard Contractual Clauses at this link . - Interpretation (disclaimed): This clause establishes the use of Standard Contractual Clauses authorized under EU law as a transfer mechanism for EEA/UK/Switzerland personal data, and provides access to a copy of those clauses, defining the legal instrument governing cross-border transfer compliance. - Tier: All - Location: Privacy Policy › “Data Transfer Agreements” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20One%20of%20the,at%20this%20link%20. ### indemnity liability — risk unknown > WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY MARKETING CONTENT, THIRD-PARTY CONTENT OR THIRD-PARTY SERVICES MADE AVAILABLE ON OR LINKED TO BY OUR SERVICES. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, ACTIVECAMPAIGN DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE DO NOT REPRESENT, WARRANT OR COMMIT TO ANY DELIVERABLES, RESULTS, OUTCOMES OR BENEFITS OF ANY KIND WITH RESPECT TO OUR PERFORMANCE OR YOUR USE OF ANY SERVICES. WHILE ACTIVECAMPAIGN ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. AS BETWEEN YOU AND ACTIVECAMPAIGN, YOU WILL BE SOLELY RESPONSIBLE FOR RESPONDING TO AND HONORING ALL REQUESTS RELATING TO THE RIGHTS OF YOUR CONTACTS AND THEIR PERSONAL DATA PURSUANT TO AND IN ACCORDANCE WITH APPLICABLE DATA PROTECTION LAWS. - Interpretation (disclaimed): This segment disclaims all warranties, express or implied, regarding the services, including warranties of merchantability, fitness for purpose, and accuracy, and disclaim responsibility for third-party content, establishing that the services are provided 'as is' with no guarantee of reliability or correctness. - Tier: All - Location: § 14 (Disclaimers) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20WE%20DO%20NOT,DATA%20PROTECTION%20LAWS.%20 ### indemnity liability — risk unknown > If Meta determines that your use of Meta’s services violates the WhatsApp Terms or otherwise takes action to suspend, terminate, or otherwise restrict your access to, or use of, your WhatsApp Business Account, your use of the AC WhatsApp Services will be impacted and features of the AC WhatsApp Service will no longer be available to you. If a Meta entity requests that we suspend or terminate your access to the AC WhatsApp Service, we reserve the right to comply with such request in our sole discretion. You hereby forever release and disclaim any and all liability against ActiveCampaign in connection with such actions.  Please Note: We are not a party to your WhatsApp Terms and it is solely your responsibility to ensure that your use of your WhatsApp Business Account and your use of the AC WhatsApp Services complies with the WhatsApp Terms. As a result, you will not receive any refund in the event your WhatsApp Business Account is suspended, terminated, under investigation, or your use of your WhatsApp Business Account is otherwise interrupted, even if such determination reduces or eliminates entirely the functionality of the AC WhatsApp Services.   The terms and conditions set forth in this Section 5.6 are in addition to, and in no way limit or restrict, the terms and conditions set forth in Section 9 of these Terms. - Interpretation (disclaimed): This segment grants ActiveCampaign the right to comply with Meta's requests to suspend or terminate WhatsApp service access in its sole discretion, and extracts a perpetual release and disclaimer of all liability from the user against ActiveCampaign in connection with any such suspension or termination, functioning as a liability-extinguishing release and enforcement remedy. - Tier: All - Location: § 5.6 (WhatsApp Prohibited Activities) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20If%20Meta%20determines,9%20of%20these%20Terms. ### indemnity liability — risk unknown > ActiveCampaign provides no warranties, indemnities or support for any of the Beta Features, and ActiveCampaign has no obligation to correct or repair any Beta Features. We reserve the right to fully or partially discontinue Beta Features at any time and for any reason, temporarily or permanently, with or without notice. ActiveCampaign will have no liability to you or any third party for any harm or damage arising out of or in connection with any of the Beta Features. - Interpretation (disclaimed): Expressly disclaims all warranties, indemnities, and support obligations for Beta Features, disclaims any obligation to correct or repair them, reserves the right to discontinue them, and limits ActiveCampaign's liability to zero for harm arising from Beta Features, functioning as a comprehensive liability exclusion for the beta tier. - Tier: All - Location: § 6.4 (Free Trials and Beta Features) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=ActiveCampaign%20provides%20no%20warranties%2C,of%20the%20Beta%20Features. ### indemnity liability — risk unknown > We may display content, advertisements and promotions from third parties through the Services (“ Third Party Content ”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that ActiveCampaign has no responsibility or liability for any Third Party Content. If ActiveCampaign requires you to accept additional terms, conditions, or obligations in connection with your use of third party services or third party integrations (“ Third Party Terms “), we will provide you advanced notice and obtain your authorization or acceptance of such Third Party Terms, which shall include your continued use of such services or integrations. We may also provide you with access to certain services, features or functionality offered by a third party in connection with the Services. Use of any such services, features or functionality will be subject to separate terms of service between you and such third party, and not these Terms. The third party provider, and not ActiveCampaign, will be solely responsible for providing you with such services, features or functionality. - Interpretation (disclaimed): Continues disclaimer of responsibility for Third Party Content and interactions with third-party providers, reinforcing that ActiveCampaign bears no liability for such content or services accessed through the platform. - Tier: All - Location: § 9 (Third Party Content and Services) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20We%20may%20display,services%2C%20features%20or%20functionality. ### indemnity liability — risk unknown > To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless ActiveCampaign, our parent, subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “ ActiveCampaign Parties ”) from and against any loss, liability, claim, demand, damages, expenses or costs (“ Claims “) arising out of or related to (a) your access to or use of our Services; (b) your Marketing Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of a third party (including intellectual property rights or privacy rights) or (e) your conduct in connection with our Services. You agree to promptly notify ActiveCampaign Parties of any third party Claims, cooperate with ActiveCampaign Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that ActiveCampaign Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ActiveCampaign or the other ActiveCampaign Parties. - Interpretation (disclaimed): This segment imposes a broad obligation on the user to indemnify, defend, and hold harmless ActiveCampaign and its affiliated parties against any claims arising from the user's use of services, content, violations of the Terms, or infringement of third-party rights. - Tier: All - Location: § 13 (Indemnification) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20To%20the%20fullest,the%20other%20ActiveCampaign%20Parties. ### indemnity liability — risk unknown > ACTIVECAMPAIGN AND THE OTHER ACTIVECAMPAIGN PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF ACTIVECAMPAIGN OR THE OTHER ACTIVECAMPAIGN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ACTIVECAMPAIGN AND THE OTHER ACTIVECAMPAIGN PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF ACTIVECAMPAIGN OR THE OTHER ACTIVECAMPAIGN PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. - Interpretation (disclaimed): This segment caps ActiveCampaign's total liability to the user for any claims under any legal theory, excluding indirect, consequential, punitive, and other special damages, and sets a monetary ceiling on direct damages recoverable, thereby limiting the remedies available to the user. - Tier: All - Location: § 15 (Limitation of Liability) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20ACTIVECAMPAIGN%20AND%20THE,APPLY%20TO%20YOU.%20 ### indemnity liability — risk unknown > The receipt and use of our Services may be subject to export control and economic sanctions laws of the United States and other applicable jurisdictions (“ Export Control and Sanctions Laws ”). You agree to abide by all Export Control and Sanctions Laws as they relate to your access and use of our Services. You will not, directly or indirectly, access or use our Services if you are located in a jurisdiction where the provision of our Services is prohibited by law (a “ Prohibited Jurisdiction ”), including Cuba, Iran, North Korea, Syria, and the Crimea region. You also will not provide access to or allow the use of our Services by any government, entity or individual: (a) located in any Prohibited Jurisdiction; or (b) identified on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, or subject to any other expert control or economic sanctions lists or programs. You represent and warrant that: (a) you are not named on or subject to any government sanctions programs or list of persons or entities prohibited from receiving U.S. exports, or engaging in transactions with any U.S. person; (b) you are not located in, or a company registered in, any Prohibited Jurisdiction; and (c) you will comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you are located. - Interpretation (disclaimed): This segment restricts users from accessing or using the services if located in prohibited jurisdictions (Cuba, Iran, North Korea, Syria, Crimea) and prohibits providing access to sanctioned parties, imposing compliance obligations with U.S. and other export control and sanctions laws. - Tier: All - Location: § 18.1 (Export Control and Sanctions Compliance) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20The%20receipt%20and,which%20you%20are%20located. ### indemnity liability — risk unknown > We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services. - Interpretation (disclaimed): This segment establishes the procedure for amending the Terms, including posting updates, notifying users by email, and specifying that continued use constitutes acceptance, while granting the right to terminate use if the user disagrees with amended Terms. - Tier: All - Location: § 22 (Changes to these Terms) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20We%20may%20make,and%20using%20our%20Services. ### indemnity liability — risk unknown > We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services. - Interpretation (disclaimed): This segment reserves ActiveCampaign's unilateral right to terminate a user's access without notice or stated reason at its sole discretion, and disclaims responsibility for any resulting loss or harm to the user. - Tier: All - Location: § 23 (Termination) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20We%20reserve%20the,or%20use%20our%20Services. ### indemnity liability — risk unknown > If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. - Interpretation (disclaimed): This segment provides a severability exception whereby any invalid or unenforceable provision is severed from the Terms without affecting the remaining provisions, preserving the enforceability of the overall agreement. - Tier: All - Location: § 24 (Severability) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20If%20any%20provision,of%20any%20remaining%20provisions. ### indemnity liability — risk unknown > These Terms constitute the entire agreement between you and ActiveCampaign relating to your access to and use of our Services. Any additional or different terms proposed by you in any purchase order, request for proposal or other document are hereby objected to by ActiveCampaign and shall be void. The failure of ActiveCampaign to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. These Terms may not be assigned or transferred by you except with our prior written consent. These Terms may be executed and delivered electronically and in one or more counterparts, each of which shall, when taken together, constitute a single document. - Interpretation (disclaimed): This segment defines the Terms as the entire agreement between the parties, voids any additional terms proposed by the user, establishes a non-waiver rule, clarifies that section titles have no legal effect, and sets out other general provisions governing the relationship, defining the scope and nature of the contractual framework. - Tier: All - Location: § 25 (Miscellaneous) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20These%20Terms%20constitute,constitute%20a%20single%20document. ### indemnity liability — risk unknown > We remain responsible and liable under the Data Privacy Framework for any personal data that we disclose to third parties for external processing on our behalf, as described in the “ Disclosure of Information ” section above, unless we prove we are not responsible for the event giving rise to the damage. Where appropriate or required to do so, we will give you an opportunity to opt out where personal data we control about you is to be disclosed to an independent data controller in a manner not specified in this Privacy Policy or is to be used for a purpose that is materially different from those set out in this Privacy Policy. Requests to opt out of such disclosures or uses of your personal data should be sent to us using the details provided in the “ Contact Us ” section below. In compliance with the Data Privacy Framework, ActiveCampaign commits to resolve DPF Principles-related complaints about our collection and use of your personal data. EU, UK and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the Data Privacy Framework should first contact ActiveCampaign at privacy@activecampaign.com . We are subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission. Further, in compliance with the Data Privacy Framework, ActiveCampaign commits to refer unresolved complaints concerning our handling of personal data received in reliance on the Data Privacy Framework to JAMS, an alternative dispute resolution provider based in the United States. - Interpretation (disclaimed): This clause establishes the platform's ongoing responsibility and liability under the Data Privacy Framework for personal data disclosed to third-party processors, with a burden-shifting provision allowing the platform to escape liability if it proves it was not responsible for the damaging event, and establishes opt-out rights for certain onward transfers. - Tier: All - Location: Privacy Policy › “Data Privacy Framework” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=We%20remain%20responsible%20and,the%20United%20States.%20 ### indemnity liability — risk unknown > To the fullest extent permitted by applicable law, you release ActiveCampaign and the other ActiveCampaign Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. - Interpretation (disclaimed): This segment requires the user to release ActiveCampaign and its affiliated parties from all claims and damages arising from disputes with other users or acts of third parties, and expressly waives California Civil Code § 1542 protections, eliminating certain legal remedies the user might otherwise have against ActiveCampaign. - Tier: All - Location: § 16 (Release) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20To%20the%20fullest,to%20this%20release.%20 ### indemnity liability — risk unknown > You will comply with all applicable United States and international anti-corruption and anti-bribery laws and regulations, including the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and others as they relate to your access to and use of our Services. You acknowledge that you have not received or been offered any illegal or improper bribe, kickback, payment, gift or thing of value in connection with these Terms. - Interpretation (disclaimed): This is the substantive text of the anti-corruption compliance obligation referenced in segment 134, requiring compliance with anti-corruption laws and acknowledgment of no improper payments. - Tier: All - Location: § 18.2 (Anti-Corruption Compliance) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20You%20will%20comply,connection%20with%20these%20Terms. ### governing law disputes — risk unknown > You represent and warrant that your access to and use of the Services will comply with all applicable laws, rules and regulations, including but not limited to Export Control and Sanctions Laws (defined below) and those that relate to privacy and data protection and to the sending of electronic communications. You also represent and warrant (i) that your access to and use of the Services will comply with all applicable U.S. securities laws, rules, or regulations, including the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940, and (ii) that you have not received notice of any investigation or inquiry, or any subpoena or a document request relating to an investigation or inquiry, from any securities regulator. Moreover, you agree to notify us in the event that you receive notice of any investigation, inquiry, or any subpoena or a document request relating thereto, from any securities regulator. You further represent and warrant that you have a lawful basis for processing and sending Marketing Content to your customers, business contacts, followers and others who receive marketing messages from you or on your behalf (“ Contacts “), whether through legally appropriate consents or otherwise. You also represent and warrant that the Marketing Content you process and send through the Services relates to the provision of goods, services, or other information that are, in each instance, provided in accordance with all applicable laws, rules, and regulations. - Interpretation (disclaimed): This segment requires users to represent and warrant that their use of the services will comply with all applicable laws including export control, sanctions, privacy, data protection, electronic communications, and U.S. securities laws, creating affirmative compliance obligations backed by contractual representations. - Tier: All - Location: § 5.2 (Compliance with Laws) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20You%20represent%20and,rules%2C%20and%20regulations.%20 ### governing law disputes — risk unknown > These Terms of Service (“ Terms ”) apply to your access to and use of the websites, applications and other products and services, including email services, trainings, events, marketing services, consulting services, review and message boards and various other message communication applications (collectively, our “ Services ”) provided by ActiveCampaign, LLC. (“ ActiveCampaign ”, “ we ”, or “ us ”).  By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the Services, you agree to these Terms,  and to use our Services in accordance with our Acceptable Use Policy ( https://www.activecampaign.com/legal/acceptable-use-policy ), which is incorporated by reference into these Terms.  If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 20, do not access or use our Services. In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service. If you have any questions about these Terms or our Services, please contact us at  info@activecampaign.com . - Interpretation (disclaimed): This introductory segment defines the scope of the Terms, identifies the contracting entity (ActiveCampaign, LLC), defines 'Services,' and incorporates the Acceptable Use Policy by reference, establishing the foundational legal framework and incorporating additional operative documents. - Tier: All - Location: § 25 (Miscellaneous) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20These%20Terms%20of,us%20at%20info%40activecampaign.com%20. ### governing law disputes — risk unknown > If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you. In certain circumstances, the Data Privacy Framework provides the right to invoke binding arbitration to resolve complaints (see Annex I to the DPF Principles for more details). - Interpretation (disclaimed): This clause establishes the dispute resolution procedure for DPF Principles-related complaints, directing users to JAMS arbitration at no cost, and referencing binding arbitration as an available mechanism under the Data Privacy Framework, establishing the procedural pathway for privacy-related dispute resolution. - Tier: All - Location: Privacy Policy › “Data Privacy Framework” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=If%20you%20do%20not,Principles%20for%20more%20details). ### governing law disputes — risk unknown > If you are a resident of Brazil and have a concern about our processing of your personal data that we are not able to resolve, you have the right to lodge a complaint with the National Data Protection Authority (ANPD). - Interpretation (disclaimed): This segment establishes that Brazilian residents who have unresolved concerns about data processing have the right to lodge a complaint with the National Data Protection Authority (ANPD), identifying the competent supervisory authority and establishing a dispute escalation mechanism under the LGPD. - Tier: All - Location: Privacy Policy › “Questions or Complaints” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20If%20you%20are,Data%20Protection%20Authority%20(ANPD). ### governing law disputes — risk unknown > If you have any concerns about the way that your personal information is processed by us, we encourage you to contact us at privacy@activecampaign.com . We will deal with your concerns as soon as possible and endeavor to get back to you within a reasonable timeframe. If you are a resident of Australia and have a concern about our processing of your personal data that we are not able to resolve, you can lodge a complaint with the Office of the Australian Information Commissioner (OAIC). For contact details of the OAIC, please see:  https://www.oaic.gov.au/about-us/contact-us/ . - Interpretation (disclaimed): This segment establishes a complaints procedure for Australian residents, directing them to contact the company at a specified email address, committing to timely response, and identifying the Office of the Australian Information Commissioner (OAIC) as the relevant supervisory authority to which unresolved complaints may be escalated, including contact details. - Tier: All - Location: Privacy Policy › “Questions or Complaints” - Source: https://www.activecampaign.com/legal/privacy-policy - Snapshot SHA-256: `6abf989571795b9b79172516dfbb0590f8a39928208df7007a293239a4ba3ad4` - Wayback: — - Deep link: https://www.activecampaign.com/legal/privacy-policy#:~:text=%20If%20you%20have,please%20see%3A%20https%3A%2F%2Fwww.oaic.gov.au%2Fabout-us%2Fcontact-us%2F%20. ### governing law disputes — risk unknown > You and ActiveCampaign agree that these Terms affect interstate commerce and that the enforceability of this Section 20 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “ FAA “), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and ActiveCampaign agree that for any arbitration you initiate, you will pay the filing fee and ActiveCampaign will pay the remaining JAMS fees and costs. For any arbitration initiated by ActiveCampaign, ActiveCampaign will pay all JAMS fees and costs. You and ActiveCampaign agree that the state or federal courts of the State of Illinois and the United States sitting in Cook County, Illinois have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and ActiveCampaign will not have the right to assert the claim. - Interpretation (disclaimed): This segment specifies that the Federal Arbitration Act governs arbitration enforceability, grants the arbitrator exclusive authority over procedural and substantive decisions, and incorporates JAMS Rules into the arbitration procedure. - Tier: All - Location: § 20 (Dispute Resolution; Binding Arbitration) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20You%20and%20ActiveCampaign,assert%20the%20claim.%20 ### governing law disputes — risk unknown > You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 20 by emailing us at legal@activecampaign.com . In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 21. - Interpretation (disclaimed): This segment grants users a time-limited right to opt out of binding arbitration within 30 days of acceptance by providing written notice, and specifies the procedure and requirements for exercising that opt-out right. - Tier: All - Location: § 20 (Dispute Resolution; Binding Arbitration) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20You%20have%20the,accordance%20with%20Section%2021. ### governing law disputes — risk unknown > These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of State of Illinois, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois. - Interpretation (disclaimed): This segment designates Illinois law as governing the Terms and designates Illinois state and federal courts in Cook County as the exclusive venue for non-arbitrable disputes, binding both parties to a specific jurisdiction for litigation. - Tier: All - Location: § 21 (Governing Law and Venue) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20These%20Terms%20and,in%20Cook%20County%2C%20Illinois. ### governing law disputes — risk unknown > Please read the following section carefully because it requires you to arbitrate certain disputes and claims with ActiveCampaign and limits the manner in which you can seek relief from us. Except for small claims disputes in which you or ActiveCampaign seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or ActiveCampaign seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and ActiveCampaign waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Cook County, Illinois in accordance with the Streamlined Arbitration Rules and Procedures (“ Rules “) of the Judicial Arbitration and Mediation Services (“ JAMS “), which are available on the  JAMS website  and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. You and ActiveCampaign agree that any dispute arising out of or related to these Terms or our Services is personal to you and ActiveCampaign and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. - Interpretation (disclaimed): This segment establishes binding arbitration as the mandatory dispute resolution procedure for most disputes, waives jury trial rights, and identifies exceptions for small claims court and injunctive relief for IP disputes, setting out the procedural framework for resolving claims between users and ActiveCampaign. - Tier: All - Location: § 20 (Dispute Resolution; Binding Arbitration) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20Please%20read%20the,of%20representative%20proceeding.%20 ### governing law disputes — risk unknown > You must be at least 18 years of age or older to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. - Interpretation (disclaimed): This segment imposes a minimum age requirement of 18 years and requires that any user acting on behalf of another person or entity represent they have authority to bind that entity, creating obligations and representations regarding legal capacity and authority to contract. - Tier: All - Location: § 1 (Eligibility and Authority) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20You%20must%20be,entity%20violates%20these%20Terms. ### moderation enforcement — risk unknown > techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access; Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; Bypass or ignore instructions contained in our robots.txt file that controls automated access to portions of our Services; Export or attempt to export certain data points, including but not limited to EGEO and ERJA data, that cannot be exported from the Services; or Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms. - Interpretation (disclaimed): This segment restricts users from employing scraping techniques, accessing unauthorized areas, developing unauthorized third-party applications, bypassing robots.txt instructions, exporting restricted data points, and using services for illicit purposes, constituting platform-use restrictions with enforcement implications. - Tier: All - Location: § 5.1 - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20techniques%20we%20employ,that%20violates%20these%20Terms. ### moderation enforcement — risk unknown > You further represent and warrant that your use of the Services, including the information that you upload to or make available through the Services will not cause ActiveCampaign to violate any applicable laws, rules and regulations, including but not limited to those that relate to privacy and data protection and to the sending of electronic communications. We may suspend, restrict or terminate your access to or use of the Services if we suspect, in our sole discretion, that your Marketing Content violates our Acceptable Use Policy or any applicable law, rule or regulation, or that it relates to goods, services or information that are offered in violation of applicable law, or that it includes spam or otherwise duplicative or unsolicited messages. - Interpretation (disclaimed): This segment grants ActiveCampaign the right to suspend, restrict, or terminate user access if it suspects violations of the Acceptable Use Policy or applicable law, and requires users to represent that their use will not cause ActiveCampaign to violate applicable laws, combining an enforcement right with a user obligation. - Tier: All - Location: § 5.2 (Compliance with Laws) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=You%20further%20represent%20and,duplicative%20or%20unsolicited%20messages. ### moderation enforcement — risk unknown > b. Eligibility Requirements. In order to use the AC WhatsApp Service or WhatsApp Credits you must satisfy all WhatsApp Eligibility Requirements. While ActiveCampaign may provide you with resources relating to the AC WhatsApp Service, you agree that it is solely your responsibility to ensure that you meet all WhatsApp Eligibility Requirements, including familiarizing yourself with, reading and understanding all of the WhatsApp Terms (as may be updated by Meta from time to time in their sole discretion) in their entirety as they apply to you. - Interpretation (disclaimed): Imposes an obligation on the user to satisfy all WhatsApp Eligibility Requirements independently, including reading and understanding all WhatsApp/Meta Terms as updated, making the user solely responsible for compliance with third-party platform requirements as a condition of using the AC WhatsApp Service. - Tier: All - Location: § 6.7 (WhatsApp Messaging Service) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20b.%20Eligibility%20Requirements.,they%20apply%20to%20you. ### moderation enforcement — risk unknown > We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify ActiveCampaign’s Designated Agent as follows: - Interpretation (disclaimed): Establishes ActiveCampaign's policy of terminating accounts of users who infringe intellectual property rights and provides the procedure for submitting copyright infringement notices to the Designated Agent, constituting the platform's enforcement mechanism for IP violations. - Tier: All - Location: § 12 (Copyright Complaints) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20We%20have%20a,Designated%20Agent%20as%20follows%3A ### moderation enforcement — risk unknown > If you think anyone using the Services is violating any of these Terms, please notify us immediately by emailing abuse@activecampaign.com . - Interpretation (disclaimed): This segment directs users to report suspected Terms violations by emailing abuse@activecampaign.com, establishing the procedure for reporting abuse and triggering potential moderation or enforcement action by ActiveCampaign. - Tier: All - Location: § 5.5 (Reporting Abuse) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20If%20you%20think,by%20emailing%20abuse%40activecampaign.com%20. ### moderation enforcement — risk unknown > You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. When you access or use our Services, you will not: Violate our Acceptable Use Policy ( https://www.activecampaign.com/legal/acceptable-use-policy ); Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Impersonate any person or entity, including without limitation, any ActiveCampaign official, employee, or falsely state or otherwise misrepresent your affiliation with such a person or entity; Use or attempt to use another user’s account without authorization from that user and ActiveCampaign; Access the Services by any means other than through the standard industry-accepted or ActiveCampaign-approved application program interfaces; Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner; Delete or revise any material, including Marketing Content, posted by another person or entity; Delete or modify any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; Register, subscribe, attempt to register or subscribe, unsubscribe or attempt to unsubscribe, any party for any ActiveCampaign product or Service if you are not expressly authorized by such party to do so; Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; Attempt to circumvent any content-filtering - Interpretation (disclaimed): This segment enumerates specific prohibited conduct including violating the Acceptable Use Policy, engaging in harassment, impersonation, or misrepresentation, imposing restrictions on user behavior and making users solely responsible for their conduct on the services. - Tier: All - Location: § 5.1 - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20You%20will%20not,to%20circumvent%20any%20content-filtering ### moderation enforcement — risk unknown > E-Mail Address:  dmca@activecampaign.com Please see  17 U.S.C. §512(c)(3)  for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages. - Interpretation (disclaimed): This segment provides the DMCA contact email and cross-references the statutory requirements for a proper infringement notification under 17 U.S.C. §512(c)(3), and warns that knowingly misrepresenting infringing activity creates liability, establishing a procedural mechanism for copyright enforcement. - Tier: All - Location: Terms of Service › “Telephone Number: (773) 360-2270” - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=E-Mail%20Address%3A%20dmca%40activecampaign.com%20Please,certain%20costs%20and%20damages. ### tier differences — risk unknown > f. Termination. Without limiting our rights as provided in Section 23 of these Terms, we reserve the right to terminate, modify, or discontinue the AC WhatsApp Service at any time in our sole discretion, with or without prior written notice to you. - Interpretation (disclaimed): Reserves ActiveCampaign's right to terminate, modify, or discontinue the AC WhatsApp Service at any time in its sole discretion with or without notice, establishing a unilateral contractual right to alter or end this service tier. - Tier: All - Location: § 6.7 (WhatsApp Messaging Service) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20f.%20Termination.%20Without,written%20notice%20to%20you. ### tier differences — risk unknown > From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified period of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion. In addition, from time to time, we may add to our Services new or test features or functionality in an unfinished or beta form or as a preview or an early access offering (collectively, “ Beta Features “). Beta Features will be considered part of the Services and all provisions of these Terms will apply to the Beta Features, and you agree to be bound by any additional terms applicable to the Beta Features as provided by ActiveCampaign. Beta Features are for evaluation and feedback purposes only in order to allow ActiveCampaign to create improvements for the benefit of you and others, and we may monitor how you use the Beta Features and use that information to improve the Beta Features and other Services. Beta Features are optional and, if you elect to use a Beta Feature, you do so at your own risk. You acknowledge that Beta Features may be untested, inoperable or incomplete, and may contain bugs, errors or other problems. We advise that you do not rely on the Beta Features for any purpose whatsoever. - Interpretation (disclaimed): Grants ActiveCampaign discretionary permission to offer free trials and beta features while reserving the right to modify or terminate them at any time without notice, establishing the conditional and revocable nature of these lower-tier or trial service offerings. - Tier: All - Location: § 6.4 (Free Trials and Beta Features) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20From%20time%20to,any%20purpose%20whatsoever.%20 ### tier differences — risk unknown > c. Recurring Subscription. When you sign up for the AC WhatsApp Service, you agree to a recurring subscription for the AC WhatsApp Service on a monthly, quarterly, annual, or other temporal basis that you select when subscribing. The AC WhatsApp Service can be bundled with a subscription to other Services or as a standalone service offering, at the prices provided on the ActiveCampaign  Pricing page, or such other rate as agreed to by you and ActiveCampaign in writing. WhatsApp Credits are also purchased on a recurring subscription basis for a subscription term that matches your subscription to the AC WhatsApp Service, pursuant to which you will receive a monthly allotment of WhatsApp Credits over the course of the initial subscription period and each renewal subscription period thereafter (a “ WhatsApp Credit Subscription ”). For the avoidance of doubt, and consistent with the other ActiveCampaign services, any renewal of your AC WhatsApp Service subscription or your WhatsApp Credit Subscription will be at the then current prices listed on, or otherwise accessible via, the ActiveCampaign Pricing page without applying any prior discount. - Interpretation (disclaimed): Establishes the recurring subscription obligation for the AC WhatsApp Service, specifying billing frequency options, bundling or standalone pricing, and that WhatsApp Credits are purchased on a recurring basis matching the subscription term, defining the financial structure of this distinct service tier. - Tier: All - Location: § 6.7 (WhatsApp Messaging Service) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20c.%20Recurring%20Subscription.,applying%20any%20prior%20discount. ### tier differences — risk unknown > When you sign up for our Services, you agree to a recurring subscription contract with ActiveCampaign on a monthly, quarterly, annual, or other temporal basis that you select when signing up for the Services. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) ACTIVECAMPAIGN (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY, QUARTERLY, ANNUAL, OR OTHER BASIS AS APPLICABLE FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS. For more information about pricing and subscription plans, please visit our Pricing page. - Interpretation (disclaimed): Imposes an obligation on the user by expressly acknowledging recurring billing authorization, specifying that ActiveCampaign or its payment processor is authorized to charge on monthly, quarterly, annual, or other bases, and that the subscription is continuous until cancelled, creating binding financial obligations tied to subscription tiers. - Tier: All - Location: § 6.1 (Subscriptions) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20When%20you%20sign,visit%20our%20Pricing%20page. ### tier differences — risk unknown > Some features of our Services, such as templates and Consulting Services (as defined in Section 7 below), may be offered as a standalone, non-subscription product or service. We will charge your payment method at the time of such purchases as a one-time purchase. - Interpretation (disclaimed): Defines the billing mechanism for one-time purchases of standalone features such as templates and Consulting Services, establishing that payment is charged at time of purchase rather than on a recurring basis, creating a distinct tier of service with different financial obligations. - Tier: All - Location: § 6.3 (One-Time Purchases) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20Some%20features%20of,as%20a%20one-time%20purchase. ### tier differences — risk unknown > d. Usage Limits. In accordance with Section 5.4 of these Terms, the usage limits that apply to your use of the AC WhatsApp Service will be specified in the billing page within your account console. When you register for a paid subscription to the AC WhatsApp Service, you will select the maximum number of WhatsApp Contacts to which you are permitted to send Marketing Content through your account (“ WhatsApp Contact Limit ”). You may increase the WhatsApp Contact Limit by upgrading your subscription plan or purchasing increases to your WhatsApp Contact Limit as an additional product enhancement. If you are bundling the AC WhatsApp Service with other Services, you will be prompted to select an email Contact limit for such Services, as well as a WhatsApp Contact limit. Your monthly send limit (if applicable) will be based on the WhatsApp Contact Limit and your subscription plan, as may be further described on our  Pricing  page. If you reach your monthly send limit, you will not be able to send any more messages to your WhatsApp Contacts, including any messages scheduled for sending at a future date, until the start of the next calendar month. You may increase your monthly send limit by upgrading your subscription plan or purchasing increases to your WhatsApp Contact Limit. - Interpretation (disclaimed): Restricts use of the AC WhatsApp Service to the WhatsApp Contact Limit selected at registration, imposes usage-based limits, and provides the mechanism for increasing limits through plan upgrades or add-on purchases, establishing tier-based usage restrictions for this service. - Tier: All - Location: § 6.7 (WhatsApp Messaging Service) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20d.%20Usage%20Limits.,your%20WhatsApp%20Contact%20Limit. ### tier differences — risk unknown > If acquired by any agency of the U.S. Government, such agency acknowledges that (a) the App and Services constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency’s rights are limited to those specifically granted under these Terms. - Interpretation (disclaimed): This segment restricts U.S. government agencies' rights to only those specifically granted under the Terms and characterizes the services as commercial computer software under federal acquisition regulations, limiting government procurement rights. - Tier: All - Location: § 19 (Commercial Items) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20If%20acquired%20by,granted%20under%20these%20Terms. ### tier differences — risk unknown > You may cancel your subscription at any time by logging into your account and following the instructions on your account dashboard for cancellation or by contacting us at info@activecampaign.com . Such cancellation notice must be sent by the designated account owner or an authorized signatory. Inactivity does not constitute automatic cancellation, so unless you cancel your account in accordance with this section, you will continue to be charged for subscription to the Services. All cancellation requests will take effect at the end of then-current subscription period in which the cancellation request is made, and you will be responsible for all fees and any applicable taxes and other charges rendered up through the cancellation date. In the event you cancel your subscription, please note that we may still send you promotional communications about ActiveCampaign, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein. If you are interested in cancelling your subscription, we may provide you with the option of pausing your subscription for a certain period of time. During the pause period, your account will remain active in our system, and we will retain the data, including Contact Data, associated with your account. The collection, use and disclosure of such data will continue to be subject to our Privacy Policy. - Interpretation (disclaimed): Establishes the specific procedure for cancellation of subscriptions, requiring the account owner or authorized signatory to submit notice via account dashboard or email, clarifying that inactivity does not constitute cancellation and that charges continue until end of the current billing period, thereby governing user rights and obligations around subscription termination. - Tier: All - Location: § 6.2 - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20You%20may%20cancel,to%20our%20Privacy%20Policy. ### tier differences — risk unknown > e. Expiration of WhatsApp Credits. WhatsApp Credits must be used within a calendar month of being credited to your account. Any unused WhatsApp Credits expire after such time, and do not roll over to subsequent periods. If you exceed the monthly WhatsApp Credits apportioned to your account pursuant to a WhatsApp Credit Subscription, you will incur additional charges for the billing period at the rates specified on the  Purchasing Help Page . You can check the WhatsApp Credits available to you at any time in the billing page within your account console. - Interpretation (disclaimed): Restricts WhatsApp Credits to monthly use with no rollover, causes automatic expiration of unused credits, and imposes overage charges for exceeding the monthly credit allotment at specified rates, establishing consumption-based financial restrictions within the WhatsApp service tier. - Tier: All - Location: § 6.7 (WhatsApp Messaging Service) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20e.%20Expiration%20of,within%20your%20account%20console. ### tier differences — risk unknown > The usage limits that apply to you will be specified in the billing page within your account console. When you register for a paid subscription, you will select the maximum number of Contacts to which you are permitted to send Marketing Content through your account (“ Contact Limit ”). Your monthly send limit (if applicable) will be based on the Contact Limit and your subscription plan, as may be further described on our  Pricing  page. If you reach your monthly send limit, you will not be able to send any more messages to your Contacts, including any messages scheduled for sending at a future date, until the start of the next calendar month. You may increase your monthly send limit by upgrading your subscription plan or purchasing increases to your Contact Limit or monthly send limit as additional product enhancements. From time to time, ActiveCampaign may provide you with options to manage your subscription plan and help you avoid service interruptions, such as auto-upgrade. If you enable auto-upgrade within your account console, your subscription fees will increase immediately according to usage during the course of a subscription period once you exceed your Contact Limit in such subscription period; such fees will be pro-rated for the remainder of your subscription period and each renewal subscription period thereafter will be charged at such upgraded subscription fee amount. - Interpretation (disclaimed): This segment defines 'Contact Limit' and monthly send limits, restricts users from sending messages beyond their plan-specified limits, and ties those limits to the subscription tier selected, establishing tier-differentiated usage restrictions with direct commercial implications. - Tier: All - Location: § 5.4 (Usage Limits) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20The%20usage%20limits,upgraded%20subscription%20fee%20amount. ### tier differences — risk unknown > If you use the AC WhatsApp Service, this Section 6.7 applies to you. - Interpretation (disclaimed): Conditional applicability clause that incorporates Section 6.7 specifically for users of the AC WhatsApp Service, establishing a distinct tier of terms applicable only to that service. - Tier: All - Location: § 6.7 (WhatsApp Messaging Service) - Source: https://www.activecampaign.com/terms-of-service - Snapshot SHA-256: `5f3a574587113690ae6414ec7d78efa4e8a14fc1023fdc1e24a6ab43a8b9537d` - Wayback: — - Deep link: https://www.activecampaign.com/terms-of-service#:~:text=%20If%20you%20use,6.7%20applies%20to%20you.