Privacy & GDPR

Privacy & GDPR

Webtrends Optimize, and Accelerate Group Limited are each referred to herein as “Webtrends Optimize”.

Last Updated: 2nd May, 2024

PRIVACY STATEMENT

This privacy statement applies to https://www.webtrends-optimize.com and other subdomains comprising Webtrends Optimize’s corporate web presence (together our “Corporate Websites”); as well as to our Software-as-a-Service (SaaS) platforms owned and operated by Webtrends Optimize (our “SaaS Solutions”). This privacy statement (“Statement”) explains how your personal information is collected, used, and disclosed by Webtrends Optimize and its subsidiaries and affiliated companies (“Webtrends Optimize” or “We”). It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. It applies to all business clients of our products and services and visitors to our websites. This Statement does not apply to household consumers, visitors to Webtrends Optimize’s clients’ sites, and services, or employees. This Statement does not cover the practices of any third parties or their services, including any social networking platforms you choose to use to connect with Webtrends Optimize Corporate Websites or SaaS Solutions, or to business clients who use Webtrends Optimize services to collect information from their customers. For information about third party privacy practices, please consult their privacy policies.

Data Controller

The data controller for all personal data collected from European data subjects is Webtrends Optimize.

We can be contacted at:

Webtrends Optimize
Lawrence House,
45 High St,
Egham TW20 9DP
United Kingdom

Or via email at: legal@webtrends-optimize.com

Purpose of Data Collection and Processing

With respect to its Corporate Websites, Webtrends Optimize collects various data as described further in this document for the purpose of responding to your requests, for first party marketing, as well as to better understand our clients and their interests.

With respect to its SaaS Solutions, Webtrends Optimize is a data processor for all personal data collected on behalf of clients (“Client Data”) – clients, as data controller, determine the purpose and legal basis of all data processing activities – and Webtrends Optimize is a data controller for all personal data of client’s employees (“SaaS Solutions Users”) collected and processed during access to these solutions.

Recipients of Personal Data Collected

With respect to Webtrends Optimize Corporate Websites, all data collected is stored in secure applications with access limited to business needs. No personal data is shared with third parties other than services providers acting as Webtrends Optimize’s agents.

With respect to its SaaS Solutions, Webtrends Optimize does not provide any third party with access to Client Data. Webtrends Optimize may share personal data of SaaS Solutions Users with service providers acting as Webtrends Optimize’s agents (such as for email notifications).

Personal Information Requests by Public Authorities

In certain situations, Webtrends Optimize may be required to disclose personal data; a) in response to lawful requests, such as to comply with a subpoena or other legal process, by public authorities including national security and law enforcement; b) in the event that Webtrends Optimize files for bankruptcy; c) to protect our rights; d) to protect your safety or that of others; e) to investigate fraud, or f) to respond to a government request.

WEBTRENDS OPTIMIZE NOTICE ON THE EUROPEAN UNION DATA PROTECTION REGULATION (GDPR)

This notice applies to the Webtrends Optimize (“Companies”). It is relevant to Customers using Webtrends Optimize software (“System”) who conduct business with End Users that are citizens of the European Union (“EU”), and are thereby governed by the EU GDPR in effect as of May 25, 2018.

SECURITY

Webtrends Optimize have a comprehensive and mature Information Security program and are committed to the privacy and security of its Customers’ data. Any information processed through the System is securely handled, solely accessed by authorized personnel, and treated as confidential. The Companies implement and maintain appropriate technical, security, and organisational controls to protect all personal data against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure.

END USER ABILITY TO OPT-OUT OR WITHDRAW CONSENT

It is each Customer’s obligation to obtain End User consents. The Companies do not operate the web site or digital property that its Customers’ End Users interact with, and therefore do not display any consent notices.

END USER ABILITY TO REQUEST DATA DELETION

End Users have the right to request that you delete any historical data you have stored about them. To delete End User data, please submit a request to support@webtrends-optimize.com. Your request will be processed within fifteen (15) calendar days and you will receive a confirmation response when it’s complete.

DATA COLLECTION

In its default configuration, the System is configured to prevent the capture of any personally identifiable information. However, to perform its intended function, the System has the capability to read specific End User information. The Companies will not retain data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.

INFORMATION WE COLLECT

Here are a few ways we collect your information and the types of information we collect. We may also obtain information from other sources. Information we collect may be in the form of personal information or anonymised data. Anonymised data may be in the form of aggregate data. Aggregate data is information we collect about a group or category of services or users from which individual user identities have been removed. In other words, no personal information is included in aggregate data. Aggregate data helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor our products and services. This Policy does not restrict or limit our collection and use of aggregate data.

Information You Provide To Us

We collect personal information you give us. These are the general types of information we may collect from you:

Registration and Profile Information – When you register to use our service, to receive information, to participate in our events, and create or update your forum profile, we may collect various kinds of information about you. For example, we may collect: your name; postal address; phone numbers; fax numbers and email address; your log-in ID and password; your title; company; and other profile information you provide; demographic information; and information linked with your profile such as comments you may post.

Submissions and Customer Service – From time to time we may use surveys, contests, or sweepstakes requesting personal information. Information we collect may include demographic information, information about your personal interests, and your feedback as a valued client.

Information We Automatically Collect

When you visit our site or use our services, some information such as your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, and the website you visited before our Corporate Websites is logged automatically and stored in log files. We also collect information about your usage and activity on our Corporate Websites. We may tie your IP address to information we automatically collect on our Corporate Websites. We may also tie information we automatically collect with personal information, such as your login ID and information you give us at registration. We use our own products, and products of third parties acting on our behalf, to analyse, optimise, and improve our site. To opt-out of online behavioural advertising, please visit http://www.networkadvertising.org/managing/opt_out.asp.

We will also collect information on your usage of the SaaS Solutions to ensure the security of the data we collect on behalf of our clients. You cannot opt-out of this collection and processing as it is necessary to ensure the security of the service we provide to our clients. The information is below

• The End User’s browser agent-string (also known as the User Agent)
• which experiment they are exposed to.
• metrics we have decided to capture that are important to us.
• IP address, if the feature is enabled.
• Optimize user ID, an anonymous, randomised identifier.

The Court of Justice of the European Union ruled, under Case 582/14, Patrick Breyer v Germany, that IP addresses are “personal data” in certain circumstances and stated IP addresses would only qualify as personal data if the relevant individual provides additional details to the website operator (e.g., name, email address, etc.) in the course of using the website. The System does not store such additional user details.

Webtrends Optimize and our marketing partners, affiliates, analytics providers, and leads management providers use cookies and similar tracking technologies to analyse trends, administer the site, track users’ movements around the site, and gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

Cookie Policy – We use cookies for analytics, user experience and session tracking, as well as ad and video tracking. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

Click here to find out more about the types of cookies Webtrends Optimize uses.

Webtrends Optimize may also use device-recognition technologies combined with other identifiers to create cross-browsers and cross-devices identities to provide you with better services.

Behavioural targeting/Re-targeting – We partner with third parties to either display advertising on our Corporate Websites or to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.

Information We Obtain from Other Sources

Webtrends Optimize may collect information about you from third party sources and services. We may buy or lease contact, marketing, and demographic data from brokers. Webtrends Optimize may also access certain profile information such as friends, profile picture, etc. from social networking platforms and services that you use to interact with Webtrends Optimize Corporate Websites and SaaS Solutions. We may combine that third party information with information we collect directly from you.

USE OF PERSONAL INFORMATION

We use personal information collected through our Corporate Websites and SaaS Solutions in the ways we tell you in this Statement. For example, we may use your information to:

• operate and improve our sites, products and services;
• process and deliver contest entries and rewards (Corporate Websites only);
• respond to your comments and questions and provide customer service;
• contact you to request feedback about your experience with our products and services or learn about your demographics, preferences and interests;
• provide and deliver our products and services you use;
• send you information related to our products and services you use, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
• communicate with you about new contests, promotions and rewards, upcoming events and webinars, and other news about products and services offered by Webtrends Optimize and our selected partners (Corporate Websites only);
• anonymise and aggregate personal information for different purposes. This could include market analysis, traffic flow analysis and reporting, and to deliver relevant advertising and information based on click stream data (Corporate Websites only);
• customise or personalise your online experience, for example to pre-populate forms and display relevant content;
• customise or personalise advertising and communications to bring you relevant information about products and services that may interest you (Corporate Websites only); and
• protect, investigate and deter against fraudulent, unauthorised or illegal activity. We may also link, combine or supplement your personal information with other personal information we get from third parties such as a business directory. We do this to help understand your needs and provide you with better products and services. We may also use your personal information in other ways than as listed here, in which case, we will inform you.

Webtrends Optimize may store and process personal information in the U.S., EU member countries, and other countries.

SHARING OF PERSONAL INFORMATION

Information You Share

We may engage third parties to provide forums that allow you to connect and share your profile, actions, comments, content, and information publicly and with others. We are not responsible for the personal information you choose to submit in these forums. To learn how the third party applications use your information, please review their privacy policies. To request removal of your personal information from our blog or community forum, follow the instructions in the section titled Your Information Choices and Changes below. We may also allow you to connect and share on third party sites and services. For example, we use a single sign-on service that allows you to sign into Webtrends Optimize forums using certain third-party social networking login credentials. This allows you to link your existing social network profile to your Webtrends Optimize account. Once connected, you will be able to share and post content on and with the third-party site from Webtrends Optimize and share and interact with your friends.

Please be mindful of your own privacy needs as you choose with which third party services to connect, with whom you connect, and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others. If you share information about others, we suggest you get consent for any information you may share about them.

Information We Share

Corporate Websites only – We do not sell and share your personal information with third parties other than as follows:

• in an aggregated form that does not directly identify you;
• with your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies;
• with third party vendors, consultants and other service providers such as email service providers, marketing service providers, blog service providers and forum service providers who are working on our behalf and need access to your information to carry out their work for us, these service providers are authorised to use your personal information only as necessary to provide these services to us;
• when we do a business deal, or negotiate a business deal, involving sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding. You will be notified via email and/or a prominent notice on our Corporate Websites of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

RETENTION AND SECURITY OF YOUR PERSONAL INFORMATION

The security of your personal information is important to us. When you enter sensitive information (such as log in credentials), we encrypt the transmission of that information using secure transport layer security (TLS). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it, including encryption in transit, strict access controls, firewalls and intrusion detection systems, hardening and patching procedures, and malware protection. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.

Webtrends Optimize retains personal information it collects as a data controller consistent with its data retention policy. Retention of Client Data (defined below) is documented in Webtrends Optimize Data Retention Policy.

LINKS TO 3RD PARTY SITES

Our Corporate Websites includes links to other websites, mobile sites, and/or mobile applications whose privacy practices may differ from those of Webtrends Optimize. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any site you visit.

Social Media Widgets

Our Corporate Websites includes certain social media features, such as the Facebook button. These features may collect your IP address, may collect which page you are visiting on our Corporate Websites, and may set a cookie to enable such feature to function properly. Social media features are either hosted by a third party or hosted directly on our Corporate Websites. Your interactions with these features are governed by the privacy policy of the company providing it.

TESTIMONIALS

We display personal testimonials of satisfied clients on our site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at legal@webtrends-optimize.com

YOUR INFORMATION CHOICES AND CHANGES

You may opt-out of receiving promotional emails from Webtrends Optimize by following the instructions in those emails. If you opt-out, we may still send you non-promotional communications, such as emails about your accounts, product notices, user forum notices or our ongoing business relations.

In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

We will retain your information collected for a commercially reasonable period of time for us to provide services to you and to use it as stated in this Statement. In addition, we will retain your information for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Upon request Webtrends Optimize will provide you with information about whether we hold any of your personal information. You may email legal@webtrends-optimize.com to:

• request Webtrends Optimize to provide you with information about whether we hold, or process on behalf of a third party, any of your personal information;
• request changes to your contact preferences,
• request access and changes to your personal information. If you would like this information edited or deleted, we will respond to your request within 30 days,
• opt-out of our sharing your information with independent third parties.

As a user of Webtrends Optimize’s SaaS Solutions, you may not opt out of personal data collection, because such data collection is required to ensure the security and integrity of the data we collect on behalf of our clients. If you object to such data collection, please contact the client for whom you work.

INFORMATION WE COLLECT ON BEHALF OF OUR CLIENTS

Webtrends Optimize acts as a service provider for each of our clients, in that we provide our services for the benefit of the client. Each of our clients uses Webtrends Optimize products and services to gather information about their own customers and visitors to their sites and digital properties (Client Data). Each client instructs us as to what types of Client Data it would like us to collect on its behalf.

Webtrends Optimize will retain personal data we process on behalf of our clients for as long as needed to provide services to our clients, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Webtrends Optimize retains Client Data, including any personal data, we process on behalf of our clients in accordance with the Webtrends Optimize Data Retention Policy (Exhibit B of Webtrends Optimize Subscription Service Agreement).

If you are a customer of one of our clients and would no longer like to be contacted by one of our clients that uses our service, please contact the client that you interact with directly.

Webtrends Optimize may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our clients.

Webtrends Optimize acknowledges that you have the right to access your personal information. Webtrends Optimize has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, who seeks to correct, amend, delete inaccurate data, or who seeks to withdraw consent to further contact should direct his/her query to the applicable Webtrends Optimize client. If the client requests Webtrends Optimize to remove the data, we will respond to their request within 30 days.

We treat Client Data as the property and confidential information of the applicable Webtrends Optimize client. We reserve a limited right to disclose any collected data as required by law, a valid court order, or other request from a governmental authority. Other than under such a limited right, we do not share information collected for one client with our other clients or with any third party.

Webtrends Optimize follows our clients’ instructions on cookie placement. To control the placement of cookies set while visiting our clients’ web sites, please consult these clients’ privacy statement and cookie settings.

END USERS CONTACTING WEBTRENDS OPTIMIZE FOR PRIVACY INQUIRIES

Under GDPR, End Users have the right to contact the Companies directly. Contact information and instructions can be found on our website below.

Changes to this Statement

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, or by means of a notice on our home page prior to the change becoming effective.

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

Webtrends Optimize
Lawrence House
45 High Street
Egham
Surrey TW20 9DP
United Kingdom

Or via email at: legal@webtrends-optimize.com

GDPR FAQs

What is the GDPR?
The General Data Protection Regulation (“GDPR”) is a comprehensive EU data protection law, which goes into effect on May 25, 2018. The GDPR expands the privacy rights of EU individuals, and places heightened obligations on companies that process EU personal data in the context of providing goods or services to those individuals.

For more details, check out this Guide to the GDPR published by the UK Information Commissioner’s Office.

As a Webtrends Optimize client, does the GDPR apply to me?
Companies within the EU, or who process the personal data of EU residents in the context of providing goods or services, will need to comply with GDPR. As a Webtrends Optimize client collecting data via our Software-as-a-Service (SaaS) solutions, you are likely a data controller under the GDPR.

Clients will need to evaluate their obligations under the GDPR, in part, based on: (1) the type of client data that you collect via Webtrends Optimize SaaS solutions, and (2) the legal basis on which you rely for the collection of this client data.

What about Webtrends Optimize?
Webtrends Optimize serves as the data processor for the data you collect via our SaaS solutions, as further described in this GDPR FAQ. For some limited data types (e.g. your login data), Webtrends Optimize is the data controller.

What personal data is collected and processed via Webtrends Optimize’s solutions?
Webtrends Optimize’s SaaS solutions collect a limited amount of personal data by default – (1) IP address; and (2) randomly generated GUID. Clients have control over, and are responsible for, any additional collection and use of personal data.

Clients should be aware that combining multiple data elements, even if not considered personal data when taken alone, may result in them being considered personal data when combined.

Can I avoid collecting personal data when using Webtrends Optimize’s solutions?
Webtrends Optimize provides functionality to allow clients to truncate IP addresses. In addition, clients may contact Webtrends Optimize’s Technical Support team to discuss other options for minimizing the collection of personal data.

Are there certain types of data that cannot be collected and processed via Webtrends Optimize’s solutions?
Yes. Webtrends Optimize’s SaaS solutions are not intended for processing data that could be legally considered sensitive in any applicable jurisdiction (e.g. government-issued identification or credit card numbers). Webtrends Optimize calls this “Prohibited Data”, and the default configurations of Webtrends Optimize’s tagging methods do not collect Prohibited Data. Webtrends Optimize prohibits clients from using its solutions to collect, store, process, or analyse Prohibited Data, and does not accept liability for Prohibited Data.

When does Webtrends Optimize delete client data?
Webtrends Optimize deletes client data, including backups, within thirty (30) days following termination of the agreement. Please refer to Webtrends Optimize’s Data Retention Policy (Exhibit B to Webtrends Optimize’s Terms of Subscription Service) for more information about data retention during the term of the agreement.

Does Webtrends Optimize provide clients with the option to delete client data?
Webtrends Optimize supports the deletion of client data; however, this needs to be done in conjunction with Webtrends Optimize’s Technical Support team pursuant to a Statement of Work.

Does Webtrends Optimize utilise augmentation data?
Yes. Webtrends Optimize uses augmentation data from NetAcuity and Device Atlas to provide additional geographical and device information in reports.

Where is the data held?
Webtrends Optimize leverages data collection centres in Australia, Netherlands, Dublin. All data is stored in Amsterdam.

Webtrends Optimize’s Commitment to Data Protection

Robust Security Practices. Webtrends Optimize employs technical and organisational measures designed to prevent unauthorised access, use, alteration, or disclosure of Client Data collected via Webtrends Optimize’s SaaS solutions). Further, Webtrends Optimize has more than 15 years of experience in operating highly secured SaaS solutions with security controls that are continuously updated to meet industry standards and emerging threats. This is described in detail in Webtrends Optimize’s Security Statement.

For more information, please contact us at legal@Webtrends-Optimize.com.