Last Updated: February 2, 2021
Webtrends Inc. (“Webtrends,” “we,” etc.) is an Internet and software analytics company that provides software and related consulting services to businesses around the globe. We enable our clients to understand and analyze data associated with their websites and software used by their employees. This statement applies to https://www.webtrends.com/ and other sub-domains comprising our corporate web presence (together, our “Website”), as well as to our Software-as-a-Service (SaaS) platforms owned and operated by Webtrends (our “SaaS Solutions”) (together the Website and SaaS Solutions are the “Platform”).
This statement explains how your personal information is collected, used, and disclosed by Webtrends, its subsidiaries and affiliated companies. It also describes your choices when it comes to use, access, correction, and updates to your information. It applies to all business clients of our SaaS Solutions and visitors to our Websites. This statement does not apply to household consumers, nor to visitors of our clients’ sites, and services, or our clients’ 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 our Websites or SaaS Solutions. This Privacy Statement also does not apply to our business clients who use Webtrends services to collect information from their customers or employees. For information about the privacy practices of any third party, including Webtrends’ clients, please consult their privacy policies.
How we collect personal information
We may collect personal information from third party sources and you, directly or indirectly. This information may contain personal information. Aggregated data, which means individual characteristics have been removed from information about a group or category of services or users. In these cases, no personal information is included in aggregate data. Aggregate data helps us understand trends in Website visitors and SaaS Solutions users’ needs so that we can better tailor our products and services.
Our Services are for individuals who are over 16 years old
Our Website and SaaS Solutions are not intended for use by anyone under age 16. If we become aware that anyone younger than 16 is using our SaaS Solutions, or the data collected from our Website relates to anyone younger than 16, we will delete the information from our files.
Information you provide directly to us
In some cases, you will provide personal information directly to us. For example, when you fill out a form on our Website. We also collect information on behalf of our clients through our SaaS Solutions (“Client Data”). Webtrends does not control what is contained within Client Data and stored within the SaaS Solutions. Accordingly, Webtrends can make no representation about the type of personal information submitted to Webtrends by its clients. Webtrends acknowledges that you have the right to access your personal information. However, Webtrends has no direct relationship with the individuals whose personal information it processes on behalf of its clients. An individual whose personal information is contained within Client Data and who seeks access, or to correct, amend, delete inaccurate data, or who seeks to withdraw consent to further contact should direct his/her query to the applicable Webtrends client. Where requested by a client, Webtrends will remove personal information within 30 days of the request.
We may collect certain personal information when you interact with us online and offline (via social media or Web forms, by phone, email, in person – or even through postal mail). The following are the ways in which we collect personal information directly:
- Registration and Profile Information– When you register to use our SaaS Solutions, participate in our events, or create or update your forum profile, we may collect information about you. This typically includes your name, business contact information such as postal address, phone and fax numbers, job title, company name and email address, your log-in ID and password, demographic information, and information linked with your profile, such as comments you may post.
- Submissions and Client Service– We may conduct surveys, contests, or sweepstakes and your participation requires that we request personal information. This typically includes your name, business contact details, demographic information, personal interests, and your feedback as a valued client.
- Webforms – When filling out a form on our Website or making an inquiry for a demonstration of our services, you may provide personal information, such as your name and business contact information, including phone number and email.
We collect personal information using automated technologies
When you visit our Websites, some information is logged automatically and stored in our files. Among the personal information this typically includes is information about your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, and the website you visited before reaching our Websites. We also collect information about activity on our Websites such as pages visited, or information downloaded. We may link your IP address to information we automatically collect on our Websites. We may also link 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 authorized third parties, to analyze, optimize, and improve our Website and its content.
We also collect information related to usage of our SaaS Solutions to ensure the security of the data we collect on behalf of clients. Collection of this information is necessary to ensure the security of the services we provide to our clients.
We collect personal information from third-party sources
Webtrends may collect information about you from third-party sources and services. We may buy or lease contact, marketing, and demographic data. Webtrends also may access profile information, such as friends or profile pictures, from social networking platforms and services that you use to interact with the Websites and SaaS Solutions. We may combine third-party information with information we collect directly from you.
Some browsers offer a “Do Not Track” privacy preference. Generally, when a user turns on the Do Not Track Signal, their browser sends a message to websites requesting that the user not be tracked. Our Website and services currently do not respond to “Do Not Track” signals.
How we use personal information
We use personal information collected through our Platform in many ways. We may use your information to:
operate and improve our Websites, SaaS Solutions and related services;
- respond to 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 SaaS Solutions and related 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 contests, promotions and rewards (including delivering the contests and rewards), upcoming events and webinars, and other news about products and services offered by Webtrends and our selected partners;
- For market analysis, traffic flow analysis, and reporting, but only in aggregated form;
- deliver relevant advertising and information based on click stream data;
- customize or personalize online experiences (pre-populating forms and displaying relevant content, for example);
- customize or personalize advertising and communications to deliver relevant information about products and services that may interest you;
- protect, investigate, and deter fraudulent, unauthorized, or illegal activity.
We also may link, combine, or supplement your personal information with other personal information we get from third parties, such as a business directory, to understand clients’ needs and provide better products and services.
As noted previously, Webtrends collects certain personal information through its SaaS Solutions on behalf of its business clients. Our clients will determine the purpose and legal basis of this data collection and processing.
We may use your personal information in other ways than listed here, in which case, we will inform you at the point of collection or will obtain your consent if we intend to use your personal information in a manner other than as previously disclosed.
When we share personal information
Personal Information collected by our Websites and SaaS Solutions is stored in secure locations and access is limited to those employees or third parties that need to access the information to fulfil their job function or meet a business requirement. No personal information is shared with third parties except when they act as Webtrends’ agents in providing contracted services. Where we share personal information with third parties, we obtain contractual commitments by those third parties to properly secure personal information consistent with this Privacy Statement.
Third parties do not have access to Client Data collected by SaaS Solutions. Webtrends does, however, share personal information of SaaS Solutions licensed users with third party service providers to support account management activities, such as providing email notifications and for client support management.
Webtrends may transfer personal information to companies that help us provide services to our clients. Transfers to these third parties are covered by the service agreements we have with our clients.
We use interest-based advertising
Our vendors help too
As noted above, there are times when we use third-party suppliers to support our ability to deliver our Website and SaaS Solutions. For example, we may use third party software to ensure the security of our Website and SaaS Solutions. Another example is where we use the Salesforce platform to receive and manage client support cases for our clients of our SaaS Solutions. Regardless of the vendor, they are not permitted to use personal information for any purpose other than to deliver the specific services that supplier provides.
Third-Party Sites and Services
We 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 forums using certain third-party social networking log-in credentials. This allows you to link your existing social network profile to your Webtrends account. Once connected, you are able to share and post content on the third-party site from Webtrends and share and interact with friends.
If you make a post on a third-party social media site, such as on Facebook, or by identifying us in your social media feed by tagging us using a hashtag (#) or “at” (@), your personal information may be publicly available and is subject to the privacy policies of those third-party social media sites. As a reminder, this Statement describes how we will treat your personal information once it is in our possession.
We recommend you review the privacy policies of any third-party sites you visit to understand the data collection and practices of that third party.
We may share feedback you provide to us
We display personal testimonials of satisfied clients on our site, among other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, contact us at email@example.com.
Eventual successors may access information
In the event of a merger, acquisition, reorganization, bankruptcy, or other sale of all or a portion of our assets, any personal information owned or controlled by us may be among the assets transferred to third parties as successors in interest. As part of this type of transaction, we reserve the right to transfer or assign your personal information to third parties. Other than to the extent ordered by a bankruptcy or other court, or as otherwise agreed to by you, the use and disclosure of all transferred user information will be subject to this Statement.
We need to comply with legal requirements
We may disclose your information to government authorities or other third parties if any lawful circumstances arise, including when:
- You have given us permission to share your information;
- We are required to do so by law, or in response to a subpoena or court order;
- We believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, or to protect our property or other rights or those of other users of the Website, SaaS Solutions, third parties, or the public at large; or
- We believe that you have misused the Website or SaaS Solutions by using either to attack or gain unauthorized access to a system or to engage in spamming or other conduct that violates applicable laws or our Terms of Service.
Security and Data Retention
How we secure personal information
We have implemented industry accepted administrative, physical, and technology-based security measures to protect against loss, misuse, and alteration of personal information in our systems. We ensure that any employee, contractor, or supplier who has access to personal information in our systems is subject to contractual or professional obligations to safeguard that personal information.
While we strive to use commercially acceptable means to protect your personal information, no method of transmission over the Internet or form of electronic storage is 100 percent secure. Therefore, we cannot guarantee its absolute security.
Retention of personal information
We retain personal information collected for a commercially reasonable period to provide our products and services and use as described in this notice. We will retain your information for as long as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
Webtrends also retain personal information 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 retains Client Data, including any personal Information, we process on behalf of our clients, in accordance with the service agreements with our clients.
International Transfers of Data
Webtrends is headquartered in the United States. Your personal information may be transferred to, processed and maintained in places other than where you live.
The United States is not a country the European Union (“EU”) has deemed “adequate” under applicable data protection laws. We receive, transfer and process personal information as required by applicable law, including when you provide your consent; to perform a contract (such as to deliver our products and services); or to fulfill a compelling legitimate interest of Webtrends in a manner that does not outweigh your rights and freedoms. We may enter into data protection agreements or other legally approved mechanisms with our vendors to support compliance with applicable law.
Webtrends previously participated in and certified its compliance with both the European Union-U.S. and Swiss-U.S. Privacy Shield Frameworks (the “Frameworks”). These Frameworks were declared invalid (in 2020) as a legal mechanism Webtrends could rely on to lawfully transfer and process personal information from the EU, United Kingdom and Switzerland. As was required by our participation in the Frameworks, any personal information we received under the Frameworks will be maintained by Webtrends in accordance with the Privacy Shield Principles. In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Webtrends maintains appropriate safeguards to ensure that the personal information we process remains protected in accordance with this Statement when transferred internationally, including when processed by third party services providers. For personal information we receive from the EU, United Kingdom or Switzerland, data protection laws in those jurisdictions require that that we tell you the legal safeguards we have in place to protect that personal information. We may implement the European Commission’s Standard Contractual Clauses, rely on a third-party service provider’s Binding Corporate Rules or other legally approved mechanism, for any transfer of personal information to non-European Economic Area third-party service providers or business partners.
Personal information received by Webtrends following invalidation of the Frameworks will be transferred and processed in accordance with the applicable European Commission’s Standard Contractual Clauses. More information about Privacy Shield can be found here and more information about the Standard Contractual Clauses can be found here. If you have an unresolved concern related to privacy or personal information use that we have not addressed satisfactorily, please contact the EU Data Protection Authorities or Swiss Federal Data Protection and Information Commissioner.
Our role in relation to Personal Information
Webtrends is the data controller for all personal information collected by our Website and we can be reached at:
PO Box 8129
Portland, OR 97207 USA
Or via email at: firstname.lastname@example.org
When collecting personal information on behalf of our clients, through our SaaS Solutions, Webtrends is acting as a data processor and our client, the business entity that hired us, is the data controller.
Viewing or updating your personal information
Upon request, Webtrends will provide information about whether we hold any of your personal information. You may call us toll-free at (877) 932-8736 or email email@example.com and include “Personal Information Request” in the subject where you wish to:
- request information about whether we hold, or process on behalf of a third party, your personal information;
- request changes to your contact preferences;
- request access and changes to your personal information;
- opt out of us sharing your information with third parties.
If you are a user of the SaaS Solutions, you may not opt-out of personal information collection because your personal information is necessary for us to deliver the SaaS Solutions and ensure the security and integrity of the data collected. If you object to such data collection, please contact the client for whom you work.
Any request for information, access or updates to your personal information, or to opt-out of sharing your personal information with third parties will be responded to as required under applicable law.
If you are an individual with a SaaS Solutions account, and wish to deactivate your account, you must contact your employer’s Webtrends product administrator to request deactivation. Our contracts prohibit us from making changes to individual accounts without instruction from our client. Where we receive a request from our client to deactivate or delete a user account, we will terminate access to that account and delete personal information as required by our contract with that client.
Deletion of Personal information in Blogs or Community Forums
To request removal of your personal information from our blog or community forum, please email firstname.lastname@example.org and include “Personal Information Request” in the subject line.
Opting out of Promotional Emails
You may opt out of receiving promotional emails from Webtrends by following the opt-out instructions contained in any of those emails or by sending an email to email@example.com with “Opt-out Request in the subject line. Please be aware that even if you opt- out of receiving promotional emails, we still may still send service-related communications, such as emails about your account, product notices or user forum notices.
If you have received unwanted, unsolicited e-mail from us or purporting to be sent by us, please forward a copy of that e-mail with your comments to firstname.lastname@example.org.
Identity Verification Requirement
We are required by law to verify that any request submitted was made by someone with the legal right to access the information. Therefore, before accessing or divulging any information pursuant to a data subject access request, we may request that you provide us with additional information so we can verify your identity and legal authority. We may also require that you take an additional step such as logging into your account to validate your identity or to validate your identity through email verification.
To make a request, please contact us at email@example.com with “Personal Information Request” in the subject line and provide full details about your request, including your contact information and anything you believe is relevant. We will provide a response to an access request the timeframes required by applicable law. If we cannot substantively respond in a timely manner, we will notify you and provide the reason for the delay.
Under certain circumstances, we may not be able to fulfill your request, such as when doing so would interfere with our regulatory or legal obligations, where we cannot verify your identity, or if your request involves disproportionate cost or effort. But we will respond to your request within a reasonable time, as required by law, and provide an explanation.
Rights for Individuals in the European Economic Area, Switzerland or United Kingdom
In addition to the foregoing rights granted under this Privacy Statement, we provide the following information for individuals located in the European Economic Area, United Kingdom and Switzerland with regard to data protection rights under applicable law:
Webtrends as a Controller of Personal Information
As noted previously in this Privacy Statement, Webtrends is the data controller for all personal information collected by our Website. The following applies to the personal information we collect as the data controller:
- You can request access to, correction of, updates to, or request deletion of your personal information based on information collected from accessing our Website or participating in our webinars or events.
- You can request more information about how we process your personal information, where and how we collected that information, the categories associated with that information, who we share it with, and how long we retain it.
- You can object to the processing of your personal information, ask us to restrict the processing, or request portability of your personal information.
- You have the right to opt out of marketing communications we send at any time. You can opt out by clicking on the “unsubscribe” or “opt-out” link in any marketing email we send you.
- When we have collected and processed your personal information based upon your consent, you can withdraw your consent at any time. However, withdrawing your consent will not affect the lawfulness of any processing we conducted before you withdrew consent, nor will it affect processing of your personal information when we have relied on other legal grounds for the processing.
- Upon your request, and where it is technically feasible, Webtrends will provide you with a copy of your personal information or transmit it directly to another controller.
- You have the right to make a complaint to the data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details are available here.
To make a request, please contact us by emailing us at firstname.lastname@example.org with “Personal Information Request” in the subject line. Please provide full details about your request, including your contact information and any other information you believe is relevant. We are committed to responding to requests to exercise data protection rights in accordance with applicable laws.
Webtrends as a Processor of Personal Information
As noted previously in this Privacy Statement, when Webtrends collects personal information on behalf of our clients, through our SaaS Solutions, we are acting as a data processor and our client, the business entity that hired us, is the data controller. Our client, as the data controller, determines the lawfulness of our collection and the purpose for the processing and the data we receive on their behalf is managed by our client in accordance with their internal policies and procedures.
Therefore, any seeking to exercise data protection rights granted by applicable law should direct their request to the relevant company or organization. Any inquiry submitted to Webtrends requesting access, alternation, or deletion of personal information that we determine applies to our client, will be forwarded to that client for resolution. Webtrends is not permitted independently alter or modify personal information we receive for our clients but we will support a request by our client to do so, unless otherwise required by law.
California Consumer Rights
As of January 1, 2020, the California Consumer Privacy Act provides specific rights to those who live in the state of California. If you are a California-based consumer, as that term is defined under California law, this section shall apply in addition to all other applicable rights and information contained in this Statement:
- You have the right to request that we provide you with the categories of personal information and the specific pieces of personal information we have collected and store about you.
- You have the right to request that we delete personal information we, or our service providers, store about you.
- We will not discriminate or retaliate against you if you elect to exercise any rights under this section of our Privacy Statement.
- You may request that we not sell your personal information.
- You have the right to designate an authorized agent to make a request on your behalf.
- Please see the “Identity Verification Requirement” section above for more information on our process for verifying we have received a legally valid request.
If you are a California consumer and have additional questions based on this section of our Privacy Statement, email us at email@example.com with “Exercise my Rights Under CCPA” in the subject line, or call us at (877) 932-8736.
We reserve the right to modify our Privacy Statement at any time and will review it at least once every 12 months and make changes as necessary. Please review it frequently. When we make changes to our data handling practices, we will notify you here or by means of a notice on our home page before the change becomes effective.
Questions or Concerns about Security or Privacy Protocols.
If you feel that any of our privacy practices or security standards set out in this Privacy Statement have been violated, you may contact us by emailing firstname.lastname@example.org, calling us at (877) 932-8736 or writing to us at the following address:
P.O. Box 8129
Portland, Oregon 97207, USA